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HomeMy WebLinkAbout050597 PC AgendaTEMECULA PLANNING COMMISSION May 5, 1997, 6.'00 PM 43200 Business Park Drive, Council Chambers Temecula, CA 92390 CALL TO ORDER: Chairman Fahey ROLL CALL: Fahey, Miller, Slaven, Soltysiak and Webster PUBLIC COMMENTS A ~olal 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 ~ed 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 ~ed with the Planning Secretary before Comnfission gets to that item. There is a three (3) minute time limit for individual speakers. COMMISSION BUSINESS 1. Approval of Agenda 2. Approval of Minutes from: a. April 7, 1997 b. April 21, 1997 3. Director's Hearing Case Update PUBLIC HEARING ITEMS Case No: Applicant: Location: Proposal: Environmental Action: Planner: Recommendation: Planning Application No. PA97-0033 (Tentative Tract Map No. 28503) Bramalea California LLC North of the intersection of La Serena Way and Promenade Chardonnay /4111~ withill V'lLlage B of the Temeku Hills Specific Plan No. 199 (formerly Margarita Village) To sobdivide 16.4 acres into 33 residential lots with a minimum lot size of 7,200 sq. ft. Negative Declaration Carole Douahoe Approval 5. Case No: Applicant: Location: Proposal: Environmental Action: Planner: Recommendation: Planning Application No. PA97-0030 (Amendment and Restatement to Development Agreement No. 5) Bramalea California, LLC West of Butlerfield Stage Road, south of La Serena Way, North of Rancho California Road and east of Meadows Parkway Amendment and Restatement to Development Agreement No. 5 to reduce the Public Facility Fee paid on the remaining undeveloped pareels in the Chardonnay Hills Subdivision Adoption of a Negative Declaration Matthew Fagan Approval Case No.: Applicant: Location: Proposal: Environmental Action: Planner: Engineer: Recommendation: Planning Application No. PA97-0007 (Development Plan) Temecula One Properties South Side of Avenida Alvarado, west of Diaz Road To construct and operate a 17,021 square foot industrial warehouse and office building for Superior Wholesale Tire Company Negative Declaration Cardie Donahoe Larry Cooley Approval Case No: Applicant: Location: Proposal: Environmental Action: Planner: Recommendation: PA95-0127 (Sign Ordinance) City of Temeeula Citywide Adoption of a Comprehensive Sign Ordinance Exempt from lhe Requirements of the California Environmental Quality Act (CEQA) Pursuant to Section 15061(b)(3). Saied Naaseh Recommend the City Council Approve PLANNING MANAGERS REPORT PLANNING COMMISSION DISCUSSION OTHER BUSINESS Next meeting: May 19, 1997 - Regular Planning Commission meeting ADJOURNMENT RESIDENTIAL ACCESS INLAND EMPIRE ORANGE CO LA CO CENTRAL VALLEY SACRAMENTO BAY CALIFORNIA CODES SOUTH CENTRAL NORTH MINI EDUCATION WEEK MODESTO(Daryl Willey) CTI CALENDAR '9%'98 SANDIEGO-June 10, 11, 12 FRESNO ORANGEx,LA CO'S BAY AREA(San Jose) EDUCATION WEEK RIVERSIDE-OCTOBER CONCORD-NOVEMBER ATC-20 Dates June 10, 11, 12 June 24,25,26 August 26,27,28 September 9, 10, 11 Access(lsam) Access(Don) ITEM #2 MINUTES FROM APRIL 7, 1997 MINUTES OF A REGULAR 1VIk"~.TINC, OF ~ CITY OF TEMECULA PLANNING COMMISSION AP~H. 7, 1997 A regular meeting of the City of Temecula Planning Commission was called to order on Monday, April 7, 1997, 6:01 P.M., a~ the City of Temecula Council Chambers, 43200 Business Park Drive, Temecula, California. Co- Chairman Slaven presiding. PRESENT: Miller, Slaven, Soltysiak, Webster ABSENT: Fahey Also present were Community Development Director Gary Thornhill, Principal Engineer Ron Parks, Assistant City Attorney Rubin D. Weiner, Planning Manager Debbie Ubnoske, Senior Planner Dave Hogan, Associate Planner Matthew Fagan, Assistant Engineer Larry Cooley and Minute Clerk Pat Kelley. PUBLIC COMMKNTS Co-Chairman Slaven called for public comments on non-agenda items. There were no requests to spe3k. COMMISSION BUS1N~,SS ~.. Approval of Agenda Co-Chairman Slaven requested Item 5 be heard after Item 6 as the proponents, who were from out of town, had not arrived. It was moved by Commissioner Miller, and seconded by Commissioner Webster, to approve the agenda as amended. The motion carried as follows: AYES: 4 COMMISSIONERS: Miller, Slaven, Soltysiak, Webster NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Fahey Chairman Fahey arrived at 6:03 P.M. 2. Approval of March 17. 1997 Minutes It was moved by Commissioner Miller, and seconded by Commissioner Webster, to approve the minutes of March 17, 1997, with the following amendments: Page 3, last paragraph, add Commissioner Soltysiak requested clarification that other developers would not be subsidizing this developer's infm~trnctore cost. R:\PLANCO~4\MINUTES\1997\4-7-97.WPD 5/1/97 vgw i PLANNING COMMISSION APRIL 7, 1997 Page 5, second paragraph, "Commissioner Soltysiak asked to see the proposed grading..." The motion carried as follows: AYES: 5 COMMISSIONERS: Miller, Slaven, Soltysiak, Webster, Fahey NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None DIRECTOR'S HEARING UPDATE Planning Manager Debbie Ubnoske stated she was available to answer any questions. There were none. Best Western Freeway Sign (PA97-0065) Senior Planner Dave Hogan presented the staff report. Commissioner Webster asked if the applicant had received any tree trimming from Caltrans. Mr. Hogan replied the applicant started with Caltrans, but Caltrans only approves selective tree thinning and the trees need to be topped. Commissioner Slaven asked if the trees have reached full maturity, and if there are other areas on t~ property to locate a lower sign. Ms. Ubnoske stated Caltrans say the trees have reached full matul however, the City's landscaper says they can grow higher. Mr. Hogan stated the property is borders,, by trees and there is no other viable location alternative. Commissioner Slaven commented that since the trees along the freeway will continue to gmw, increasing the sign height will not solve the problem on a long-term basis. Chairman Fahey suggested freeway oriented signage would be an appropriate item for discussion at the tentative April 29, 1997, joint City Council/Planning Commission meeting. Commissioner Webster stated he did not believe it was necessary to wait for the joint meeting to decide this particular matter as the outcome from that meeting will not change the decision made tonight. Commissioner Miller expressed his concern over other requests for higher signs and stated he Cannot support a sign higher than Burger King's 40' sign. It was moved by Commissioner Slaven, and seconded by Chairman Fahey, to continue the item until after the joint City Council/Planning Commission meeting and to have freeway oriented signs added to that agenda. Chairman Fahey stated an understanding is necessary of how the City wants the landscape along the freeway to appear; for example, is it City policy to ensure businesses are clearly visible, or to 1' greenscape along the freeway. Mr. Hogan stated staff has begun to look at signing and landscaping a compatible basis so they work together. R:\PLANCOMM\MINUTES\1997\4-7-97.WPD 5/1/97 v~w 2 PL~d~NIN0 COIOflSSION APRIL 7, 1997 The motion carried as follows: AYF.& 4 NOES: 1 ABSENT: 0 COMMISSIONERS: Miller, Slaven, Soltysiak, Fahey COMMISSIONERS: Webster COMMISSIONERS None 6. Planning Application No. PA96-0345 - (Development Plan. Palomar Village Shopping Center~ Commissioner Webster stated although his residence is in the adjacent area, he is beyond the conflict of an interest limit. Assistant City Attorney Weiner asked Commissioner Slaven to confirm she does not have any predisposition regarding how the grounds mentioned in her letter of March 25, 1997, may come out in this hearing. Commissioner Slaven stated she would make her decision solely based on the evidence presented in the hearing. Senior Planner Dave Hogan presented the staff report. Commissioner Webster asked if the requested uses are permitted or conditionally permitted. Mr. Hogan replied they are permitted uses. Commissioner Weber asked if a signal is planned for the Margarita Road/Yukon intersection. Assistant Engineer Larry Cooley answered no signal is scheduled at this time because the intersection does not meet warrants - trip counts for Margarita Road, just north of Rancho California Road, were 13,500 dally as of July 1996. Principal Engineer Ron Parks stated the maximum allowable is approximately 20,000 per day. Commissioner Slaven questioned if the tanker tracks can safely enter and exit the facility from Yukon. Mr. Cooley stated the turning radii at the intersection can accommodate a tanker truck and Yukon was originally approved as a commercial collector street. Commissioner Miller questioned whether the loaded weight of 23 service tankers monthly will overstress the street. Mr. Cooley replied he does not feel this is a concern. Commissioner Slaven stated landscaping and driveway access will displace parking spaces and question the depth from the driveway property line to the landscaping area. Mr. Hogan answered it is about 15'. Chairman Fahey opened the public hearing at 6:45 P.M. Larry Markham, 41750 Winchester Road, representing the applicant S&L Oil, JV, stated the applicant remains in concurrence with the Conditions of Approval as modified at the March 13, 1997 Directors' heating. He provided additional detail regarding lighting (1/4-foot candle at the sidewalk, and sufficient for the Police Depamnent) and landscaping. He suggested the shrubs be moved to the outside of the buffer wall, and said the applicant is willing to make a right-turn exit only at the car wash to eliminate stop sign problems. Mr. Markham stated the applicant continues to request @ 24-hour operation for the gas station. R:\PLANC(~x~\MINUTES\1997\4-7-97.WPD 5/1/97 PLlx.,NNING ~PRIL 7, 1997 Commissioner Slaven asked if new trees were pined for the north side of the property. Mr. Marlcj. replied five (5) or six (6) 24" box London Plain, trees, and pines, and shrubbery, are pined along the wail or ben. Mr. Markham suggested Condition 6F be modified to put the landscape buffer outside the wail. Commissioner Slaven asked if the beight of the canopy could be lowered. Mr. Markham stated lowering the canopy could restrict RV service. Commissioner Slaven questioned the need for the service station to operate 24 hours a day. Mr. Markham replied competing stations are presently open 24 hours. Joanne Boggein, 30591 Hollyberry Lane, representing the Village Homeowners Association, stated when driving a full size van, she has problems pulling onto Yukon with cars parked on both sides and questioned a tanker being able to make the move safely. She presented photos of businesses in the Palomar Center and Temecula illustrating tile roofs and small signage and requested any slanting or visible portion of the buildings be tile rather than metal. Ms. noggein stated the Long Valley Wash could be a victim of ha~'~rdous spills and runoff and asked if Shell or the developer would post bonds for damages and health h.7~rds to clean up the wash. She mentioned this is the first service station in a residential area. Barbara Michael, 30300 Chumhill Court, representing the Village Homeowners Association, spoke in opposition to the project due to the increase in noise and light levels. Jim Contopulos, 42075 Humber Drive, representing the Village Homeowners Association, spoke in opposition to the project due to excess lighting created by a 24-hour operation. David Michael, 30300 Chumhill Court, representing the Village Homeowners Association, spoke in opposition to the project because of an increase in traffic, noise, and lighting in the area. However, if the project is approved, he recummended the applicant pay half of the cost for a signal at Yukon and Margarita Road. He stated only one meeting was held with the homeowners and all attendees were opposed to the project. Sharon Mayberry, 42055 Kaffirboom Court, spoke in opposition to the project due to an increase in accidents and the safety of children on Yukon. Curtis Schen, 42136 Teatree Court, representing KFC and a Village Grove property owner, spoke in favor of the project and stated the restaurant manager is very conscientious and has addressed concerns raised by homeowners. Commissioner Slaven asked if it is anticipated that most of the customers will be drive-thin ones. Mr. Schen replied the business is geared for drive-thin traffic and he does not anticipate many dining room customers as they only have two (2) booths and seating for two at a counter. Commissioner Slaven expressed concern about customers crossing the drive-thin lane since a majo, . of the parking is on the west side. Mr. Schen replied KFC believes their customers will be from the gas station rather than the Center. He suggested signage might be helpful. R:\PLANCO~M\MINUTES\1997\4-7-97.WPD 5/1/97 vgw 4 PLI~INING COIOIISSION ~PRIL 7, 1997 Frank Villirilli, 30371 Red River Circle, spoke in opposition to the project because of odors, accidents, and trailer truck noise. Peter Ruthbun, 24399 Avenida Musico, Mun'ieta, representing the Village Homeowners Association, expressed concern the project is not meeting discharge requirements. He said rather than going into an appmved concrete or underground system; the proposed storm drain system has been incorporated into the area's green belt. Mr. Ruthbun ~ated that most car washes do not meet OSHA noise pollution requirements at significant distances from the blower/dryer assembly. Michelle Dawn, 41880 Humher, spoke in opposition to the pmposai because of the loss of parking spaces and increased traffic. Gus Friedel, 42140 Teatree, spoke in opposition to the project due to landscaping restrictions in the Village Grove CC&Rs, which homeowners Will prevent use of landscape material to block out noise. Kathaxine Lara, 42162 Sweet Shade Lane, stated opposition to the pmposai because increased traffic will adversely affect those who like to walk/jog/ran in the area. Mike Helfrich, 42144 Teatree Court, spoke in opposition to the project. Don Harper, 42020 Teatree Court, spoke in opposition. Debra Prentice, 30445 Shenandoah Court, spoke in opposition to the project because there is nothing to advance the village center concept; to the contrary, it creates additional vehicular traffic. In response to the concerns raised, Mr. Markham reiterated; 1) The traffic generated by this facility will be below the 5 % ailowahle range of additional impact. 2) The center has paid about $55,000 in traffic mitigation fees which should pay for half of a signal at Yukon and Margarita Road. 3) He said double wall tanks with censoring devices which tie into HAZMAT will he installed and HAZMAT holds the developer liable for any haTardous spills. 4) The applicant offers to put in a chamber catch basin, which is an anticipated future municipai/industriai best management practice for EPDS. 5) The car wash has a clarifier system which basically recirculates the water; Eastern Water District will monitor for any violadons. 6) Mr. Markham stated the planned tanker access is along Margarita Road onto Yukon, but a routing through the center is possible. He accepted the condition that no light spillage shall occur beyond the property line. He provided staff with a car wash acoustic study showing the dryer end, the noisiest area, will have a decibel reading of less than 75 at 30 feet. The developer will accept a condition that noise generated by the car wash will not exceed ambient noise levels for Margarita and Rancho Caiifomia Roads. Mr. Markham stated a complete pedestrian walking system around the site has been provided, and Lucky's has appreved the project. He added the metal roof was dictated by staff to match existing buildings and the developer is neutral on style and open to modification. Mr. Markham mentioned the nine (9) existing trees along Yukon will be retained (the diseased ones replaced) and five (5) additional ones at about 20' spacing are planned, as well as some on Margarita Road. Commissioner Slaven asked how HAZMAT and the fire department were notified of baT~rdous leaks. Mr. Markham explained an automatic alarm system, with a dedicated phone line to HAZMAT, issues such a warning. R:\PLANCCll~I\MINUTES\1997\4o7-97.WPD 5/1/97 vcJw 5 Pt~qNIN~ COIGIISSION APRIL 7, 1997 Chairman Fahey questioned the impact if the car wash was not part of the project. Mr. Markham rep. the applicant typically has a car wash facility with his stations and the project would probably not go without the car wash. Commissioner Miller asked how much noise will be heard by a neighbor 100 yards from the car wash. Mr. Markham replied the noise will be below the ambient noise of Margarita Road, and he will accept a condition the car wash shall not be within 200' of a residential zone. Commissioner Soltysiak questioned timing of gasoline deliveries. Mr. Markham replied deliveries in a peak season occur about 23 times a month and typically in the evening, but can be tailored to whatever is required. Commissioner Miller asked if a right-out-only tom from the car wash wouldn't make traffic worst because traffic is then forced to exit on Yukon. Mr. 'Markham stated he did not see exits from the car wash as a major coneera. Chairman Fahey called for a recess at 8:18 P.M. The meeting was reconvened at 8:29 P.M. Commissioner Webster asked why Mr. Michael only received a copy of the general plan. Ms. Ubnoske stated, staff reviewed traffic and noise impacts and determined the project is consistent with the General Plan' s traffic study, which was done for the entire city. Mr. Hogan stated a negative declaration w~ appmved by the County when the Center was built; staff reviewed the General Plan EIR which addr impacts. He also advised that Mr. Michael will be given a copy of the initial study. Chairman Fahey stated her thoughts are: this use is allowed at this location; the developer has attempted to mitigate any adverse effects; she and she would support the project with the following additions: no lights spill past the property lines; tankers to come thru the center at a time having the least traffic impact (staff to determine); a chambered basin is to be installed; The car wash acoustic impact will not exceed ambient standards; staff directed to determine if it is possible to lower the canopy height; operating hours shall be 6AM to midnight; and increase the size of trees on Yukon, with a majority being evergreen. Commissioner Webster stated a tile roof is inappropriate as the other buildings have metal roofs; and shrubs should be placed outside the wail. Commissioner Slaven said her comments are: The design is not in the best interest of the community or people living in the vicinity; she supports the lighting/noise-impacting-homes arguments; and are not certain the guarantees are enforceable; The existing landscape was put in to mitigate noise, but according to residents doeso't; The design does not allow for ease of use; is not pedestrian friendly; does not include any of the village concept ideas; and should not be a 24-hour operation. Commissioner Soltysiak stated his thoughts are: the project is consistent with the General Plan; internal traffic congestion relates to Lucky's, and the Lucky's and Albertson Centers being built to the south should relieve this area; 24" boxed trees shall he required; architecture consistent with center; installation of a catch basin. R:\PLANCOMM\MINUTES\1997\4-7-97.~PD 5/1/97 vgw 6 pTaed4NIN2 COMMISSION XPRIL 7, 1997 Commissioner Miller said a gas station will meet the auto needs, homeowners and he supports the project as it in compliance with zoning. Mr. Markham reiterated the applicant is agreeable to amended conditions except for the hours of operation as the station works most efficiently on a 24-hour basis, with maintenance, upkeep and cleaning being performed in the early hours. Chairman Fahey stated she cannot support a 24-hour operation based on the noise impacts on the surrounding areas. It was moved by Commissioner Slaven to deny Planning Application PA96-0345 based on the best interest of the people in the area due to negative impacts to their health, safety and welfare, and because the hours of operation exceed midnight. The motion died for lack of a second. It was moved by Commissioner Miller, and seconded by Commissioner Soltysiak, to approve Planning Application PA96-0345 as previously conditioned at the March 13, 1997 Planning Director meeting and as augmented tonight--i.e, no light spills past the property lines; installation of a special catch basin; acoustic impact not to exceed ambient parameters; canopy height to be as low as possible and still accommodate vehicles; trees to be 24" box, of an evergreen majority, along the property's perimeter; shrubs to be located outside the wall; if a left-torn lane from Margarita Road into the Center is established, the fuel trucks must utilize that entrance; establish hours of fuel delivery to minimize noise impact; -- and staff direction to retorn at the April 21, 1997 Planning Commission meeting with a resolution containing the findings. The motion failed as follows: AYES: 2 NOES: 3 ABSTAIN: 0 COMMISSIONERS: Miller, Soltysiak COMMISSIONERS: Slaven, Webster, Fahey COMMISSIONERS None It was moved by Commissioner Webster, seconded by Commissioner Miller, to approve Planning Application PA96-0345 as previously stated in Commissioner Miller's motion with the amendment that the service station's hours of operation will be 5:00 A.M. to midnight. The motion carried as follows: AYES: 3 NOES: 2 ABSTAIN: 0 COMMISSIONERS: Miller, Webster, Fahcy COMMISSIONERS: Slaven, Soltysiak COMMISSIONERS None Forest City Workshop (Mall PrOject-Winchester/Ynez/Margarita Roads) Community Development Director Gary Thornhill presented a summary of the project' s background. Associate Planner Matthew Fagan presented the staff report. R:\PIj~NCO~\MINUTES\1997\4-7-97.WPD 5/1/97 v~w 7 PL~dqNING COMMISSION APRIL 7o 1997 Chairman Fahey questioned the review of the environmental impact report. Mr. Fagan stated the pro~ appears to be consistent with the parameters of the EIR. Colm Macken, representing Forest City Development, stated the power center elevations will be ready by June 2, 1997, and it is hoped elevations of the anchor stores will also be ready at that time. Jim Heller, KA Architects, Cleveland, stated the anchor depaxi~uent stores will do their own designs as they will own the buildings, but will work with Forest City to develop an integrated design scheme. Mr. Heller explained the site plan. Tom Groover explained the design study model illus'Wales patios, landscaping, and activity space (footbail field-size) for special community and tenant events. He also displayed the proposed materials and colors; explained how each major courtyard will have a different theme, and how building fronts/backs will be designed to resemble a main street, with each tenant having an opportunity to customize their individual entrance. Phil Milsap, Mason Design, provided overall landscaping information and stated the landscaping is based on the approved Specific Plan. Mr. Macken stated the power center is an integral part and economically makes the development work. He said it will extend to North General Kearny Road, which is larger than previously shown, and will have the same architectural features as the front of the mall. Mr. Macken mentioned an approved plan should be ready by the June 2, 1997 hearing. Commissioner Webster stated he had provided written comments to staff; and would like to see the same coloring rendition shown tonight for the department stores and back of the cinema. He expressed concern the activity space may not be large enough, after all the shown amenities are in place; with the grading at two levels, it appears a lot of asphalt will be visible when driving along Ynez Road; and he requested a variety of large trees in the parking area Mr. Heller replied the slopes are mild, but in the hours before the mall is open, asphalt will be seen, which they will try to mitigate with landscaping. Mr. Hellcr stated a detailed urban trail plan will be dcvcloped. Commissioner Soltysiak inquired if there would be any circulation problems with every parking aisle entering the ring road. Mr. Heller stated Forest City has successfully utilized this design for the last 12 to 15 years and have never experienced any problems with turning, and it is a design mandated by all three anchors. The ring road is four lanes, two through lanes and two with turning movements, with speed limits and stops at the major entrances and ring road intersections. Mr. Heller mentioned it is planned to have final approval of the site plan by the anchors in the next three (3) weeks. Mr. Macken stated the traffw engineer, Bob Davis, will be at the next meeting to answer all traffic related questions. Commissioner Soltysiak asked about the service entries. Mr. Heller replied each department store have three (3) or four (4) receiving docks which will have screening walls and landscaping. R:\PLANCON~4\MINUTES\1997\4-7-97.WPD 5/~/97 v~ 8 PT,~qNING COMHISSION ~PRIL 7, 1997 Commissioner Slaven questioned the possibility of designing a power center which will meet the developer's goals and have an alignment other than all in one row. Mr. Macken answered a power center must have 26-27% coverage to make the center efficient and economical, but the elevations will show a separately configured center at the June 2, 1997 meeting. Commissioner Slaven asked how Forest City dealt with corporate colors and signage. Mr. Macken replied sign criteria is included in the CC&Rs. Commissioner Miller stated he feels the Winchester/Ynez comer needs a more elaborate treatment and asked if any thought had been given to having a bridge over Ynez Road or a promenade so people could walk fmm one center to another. Mr. Macken responded sidewalks are not developed until the users are set. Mr. Heller stated there is sidewalk development along each entrance and around the islands to the interior, but no bridge has been considered. Commissioner Miller reiterated a broader plant palette is needed and the landscape plan should spell out on center rather than interconnecting circles. Mr. Heller stated detailed botanical sheets, at 16 scale in some cases, will specify all plants, numbers, location and centering. Chairman Fahey stated she was concerned about: the height of the buildings and the decorative featores of the mall because there a~e homes that will acquire this mall as pan of their view; she questioned the contribution of the tower; said making the anchors more interesting would be appreciated; and circulation works better with multiple exits. Commissioner Miller commented the tower seems like an interesting feature that is probably designed to be viewed from the freeway. Mr. Macken stated the tower idea is to get visibility to the entertainment area. Mr. Fagan asked for any comments regarding the entrances. Commissioner Slaven stated she thought staff was going in the right direction. Commissioner Slaven requested the mall be the only matter on the June 2 agenda and copies of the material be received as soon as possible. Chairman Fahey suggested staff also provide the Commissioners with the old WallMan plans because it was for the same location. Mr. Fagan summarized the following schedule for the project: April 17 - formal submittal; May 8 - Development Committee review; May 15 - resubmittal; middle of May - final submittal. PLANNING MANAGER'S I~RPORT Ms. Ubnoske stated she will confirm the April 29, 1997 joint City Council/Planning Commission meeting date. R:\PLANCO~\MINUTES\1997\4-7-97.WpD 5/1/97 v~w 9 PLi~rNING COMHIsxSION APEIt 7, 1997 PLANN1NC COI~[t~SION DI,~CUSSION Commissioner Miller asked about the s~tus of gcRing the Unocai station into compli~mce. It w~s moved by Commissioner Slavcn, ~md seconded by Cornmissioncr Wcbsu~r, xo Mjoum the meeting at 10:25 PM. The motion was unanimously carried. The next mcc~ng will be held April 21, 1997, s16:00 P.M. ~f the Tcmccula City Hail Council Chambers, 43200 Business Park Drive, Tcmecula, Caiiforn~a. Linda Fahcy, Chairman Debbie Ubnoske, Secretary R:\PLANCOMM\MINUTES\1997\4-7-97.WPD 5/1/97 vgw MINUTES FROM AP]~IL 21, 1997 IVIINUTES OF A REGULAR MRR. TING OF Tn'g. CITY OF TEMECULA PLANNING COMMISSION APRIL 21, 1997 A regular meeting of the City of Temecula Planning Commission was called to order on Monday, April 21, 1997, 6:02 P.M., at the City of Temecula Council Chambers, 43200 Business Park Drive, Temecula, California. Chairman Fahey presiding. PRESENT: Fahey, Miller, Slaven, Soltysiak, Webster, ABSENT: None Also present were Principal Engineer Ron Parks, Assistant City Attorney Mike Estrada, Planning Manager Debbie Ubnoske, Senior Planner Dave Hogan, Associate Planner Saied Naaseh, and Minute Clerk Pat Kelley. PUBLIC COMMENTS Chairman Fahey called for public comments on non-agenda items. There were no requests to speak. COMMISSION BUSINESS Approval of/M/enda Chairman Fahey requested Items 2 and 3 be moved to the beginning of the agenda. It was moved by Commissioner Slaven, and seconded by Commissioner Miller, to approve the agenda as amended. The motion carried as follows: AYES: 5 COMMISSIONERS: Miller, Slaven, Soltysiak, Webster, Fahey NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None Planning Application PA97-0033 (Tentative Tract Map No. 28503) Planning Application PA97-0030 (Amendment and Restatement to Development Agreement No. 5) Senior Planner Dave Hogan recommended continuation due to mapping inconsistencies. It was moved by Commissioner Slaven, and seconded by Commissioner Miller, to continue Planning Application PA97-0033 (Tentative Tract Map No. 28503) and Planning Application PA97-0030 (Amendment and Restatement to Development Agreement No. 5) to May 5, 1997. R:\PLANCC~4\MINUTE~\1997\4-21-97.WPD 5/1/97 v~w 1 PT,MqNING COIOIISSION APRIL 23., 1997 The motion carried as follows: AYES: 5 NOES: 0 ABSENT: 0 COMMISSIONERS: Miller, Slaven, Soltysiak, Webster, Fahey COMMISSIONERS: None COMMISSIONERS: None 1A. Resolution Approving Shell Station PA96-0345 Senior Planner Dave Hogan presented the staff report. Commissioner Webster commented it is his understanding there was not a condition to limit hours of fuel delivery at the April 7, 1997 meeting. Larry Markham, 41750 Winchester Road, representing the applicant S&L Oil, JV, recalled that applicant agreed to work out hours of delivery with staff, and would prefer 5:00 A.M. to midnight. Commissioner Miller stated 5:00 A.M. to midnight was acceptable to him. Commissioner Miller also noted Condition 8G. should read "Trees shall be predominantly..." It was moved by Chairman Fahey, and seconded by Commissioner Miller, to approve the resolution far Planning Application PA96-0345, Shell Gas Station, with the amended Condition 4 "All fuel deliv~ shall be between the hours of 5:00 a,m. to Midnight." The motion carried as follows: AYES: 4 NOES: 1 ABSENT: 0 COMMISSIONERS: Miller, Soltysiak, Webster, Fahey COMMISSIONERS: Slaven COMMISSIONERS: None Commissioner Miller noted Condition 7a. requires roof-mounted equipment screened from public view, but due to the area's topography, one house looks down on the project and it is impossible to totally screen the equipment. Planning Application No. PA97-0057 - (Extension of Time) Senior Planner Dave Hogan presented the staff report. Commissioner Webster questioned how many and how often had complaints been received. Planning Manager Debbie Ubnoske answered she received one or two phone calls, primarily from one person, every two to three weeks, and then that caller had someone else call. Commissioner Webster asked how it was determined the trucks originated from the Temecula ,c Company and not from the construction of Walcott Lane. Ms. Ubnoske replied the tracks had N~, County Sand identification. R:\PLANCOMM\MINUTES\1997\4-21-97.WPD 5/1/97 vqw 2 pTaed~NIN~ COHI~ISSION APRIL 21. 1997 Commissioner Slavcn inquired about the time of year the complaims were received. Ms. Ubnoske answered in the rainy season. Commissioner Slaven stated people in that area take Leifer Road during the rainy season due to the flooding of Nicholas Road. Commissioner Soltysiak asked if the complaints were b~ausc the tracks were operating outside normal hours and if there was any follow-up on the complaints. Ms. Ubnoskc replied the complaints were that the trucks were operating earlier than set forth in the Conditions of Approval; she did not send a staff person out to investigate, but sent two letters, and Mr. Roripaugh responded he was aware of the Conditions of Appmvai and none of his driven should have been on Leifer Road. Commissioner Slaven asked if the City has any recourse to enforce approved Conditions of Approval. Assistant City Attorney Mike Estrada summarized the procedure once staff is notified of a violation '- violation is verified, applicant given time to correct, and if violations continue, the matter comes to the Commission for determination of the violation of the entitlement. Commissioner Slaven questioned whether or not any financial impact precedent has occurred in Temecula. Ms. Ubnoske raplied the Planning Department can issue citations, but have not been done so and this is a topic for the joint City Council/Planning Commission meeting. Mr. Estrada reported an administrative penalty ordinance is being drafted and if adopted, will allow the City to impose financial penalties for violations. ~,hairman Fahey opened the public bearing at 6:32 PM. Jack Roripaugh, P.O. Box 2, stated one of his trucks went on Leifer Road when Nicholas Road was washed out, and he believes there are also Leifer Road residents with backhoes and tractors plus others who use that road when Nicholas Road is washed out. Chairman Fahey asked how much sand remains to be removed. Mr. Roripaugh replied there are 7,000 cubic yards, which should take about 90 days to remove as each truck holds 20 cubic yards. Larry Markham, 41750 Wiocbester Road, Suite L, representing Jack Roripaugh, applicant, suggested two new conditions be added to the 90-day extension: 1) "No Thru Truck Route" signs placed on Leifer Road at applicants' expense; 2) property gates locked at the times the permit specifies. Chairman Fahey closed the public comment section at 6:43 PM. Commissioner Slaven stated since the petition supporting Mr. Roripaugh is signed by 20 area homeowners, there is the possibility that trucks other than Mr. Roripaugh's are using Leifer Road and with erecting the proposed signage, does not see any problem with the extension. Chairman Fahey asked staffs opinion regarding the signage and locking the property. Ms. Ubnoske stated the existing sign ordinance does not contain any provision for this type of sign, but a condition to lock the gates could be imposed. Mr. Hogan mentioned the original Conditions of Approval allowed five (5) trips/day. Therefore, Mr. Roripaugh would need 105 calendar days to remove 7,000 cubic yards, which will make the ending date August 4, 1997. R: \PLANCC~4\MINUTES\1997\4-21-97.WPD 5/1/97 vgw 3 Pt~I'IN~ COHNISSION APRIL 21, 1997 It was moved by Commissioner Miller, and seconded by Commissioner Slaven, to approve Plato, Application PA97-0057 for a one hundred and five (105) day extension of time for Minor Conditional Use Permit No. PA96-0065 with an expiration date of August 4, 1997 (or date determined by Staff to be correct for 105 working days), with the approved Conditions of Approval amended by the additional condition requiring the gates to the sand loading area be locked between 7 AM and 4 PM. The motion carried as follows: AYES: 5 COMMISSIONERS: Miller, Slaven, Soltysiak, Webster, Fahey NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS None 5. Planning Application PA95-0127 (Sign Ordinance Assistant Planner Saied Naaseh presented the staff report. Commissioner Slaven commented that after this ordinance is approved, a non-conforming sign inventory will be completed, and then further discussions will be held on the issue. Commissioner Miller expressed concern over handpainted signs being allowed. Commissioner Slaven asked why banners for multi-family rentals were only allowed during the t quarter. Mr. Naaseh replied the apartments are a permanent facility, and the apartment owners statea ,, flags could not be permanent, they wanted them for the third quarter -- their busiest time. Commissioner Slaven asked the difference between a pole and a pylon sign. Mr. Naaseh answered a pole sign is a sign structure supported by a single metal pole, and a pylon sign is supported by one (1) or two (2) structures, not metal poles, that have some architectoral aesthetic elements. Commissioner Slaven asked why "Land Lord" was added under Directional Signs Structures: Operation. Mr. Naaseh answered because renting of ap~uhnents was added for direetional signs. Chairman Fahey reopened the public hearing at 7:12 PM. Bob Kirkpatrick, 27740 Jefferson Avenue, representing the Teroecula Valley Economic Development Corporation, stated the city needs to retain the "business friendly" label and limiting freeway signage to seven (7) acre parcels are too restrictive and will send a negative message to business. He also spoke about the adverse effect created for many existing buildings by allowing only one wall-mounted freeway identification sign as major tenants demand and need signage. Chairman Fahey invited Mr. Kirkpatrick to return with his comments regarding the non-conforming sign issue when it comes before the Commission. R:\PI~NCOF~4\MINUTES\1997\4-21-97.WPD 5/1/97 vgw 4 PIANNING COMMISSION APRIL 21o 1997 Fred Grimes, 37211 Jefferson Avenue, Suite 103, representing CDM WestMar, stated his opposition to prohibiting wail mounted freeway signs for multi-tenants and to the seven (7) acre center minimum for multi-tenant freeway signs because if it was not for the freeway, centers would not be developed and tenants would not come. Mark Esperson, 27311 Jefferson, Suite 103, representing CDM WestMar and other area retail developments, spoke in opposition of not ailowing freeway signage, even if some are grand lathered, because tenants come and go, yet the project, built to take advantage of freeway signing, remains. He asked that sign standards be adopted so there would be very nice signs. Mr. Esperson is adamantly opposed to the seven (7) acre minimum as a three (3) acre shopping center could be 30,000+ square feet. He stated the notice from the Planning Depaxhnent concerning the ordinance was misleading. Commissioner Slaven asked his thoughts regarding the effect of sign pollution on the community's sppoarance. Mr. Esperson replied the City could promote and enforce sign standards, but should ailow business people to take advantage of the freeway, a major asset to Temecula. Larry Markham, 41750 Winchester, Suite L, representing Jack Raymond and others, spoke in opposition to the acreage requirement and soggested good signing be encouraged and sign limitation; i.e., one freestanding sign with multi tenants rather than each building with a sign, and asked if a commerciai center definition could be included. Lillian Justice, 2372 Recorda Cove, spoke in favor of the ordinance as businesses will find creative and useful ways to conform to the Commission's signage requirements. Cynthia Arocha, 44535 Bedford Court, stated the notice she received regarding the sign ordinance was misleading. Ms. Arocha agreed tasteful signage is necessary, but smail businesses cannot be successful without freeway signing. Chairman Fahey closed the public comment section at 7:49 PM. Chairman Fahey cailed a recess at 7:50 PM. The meeting was reconvened at 8:00 PM. 17.28.010 - Purpose and Intent Chairman Fahey, and Commissioners Webster and Miller stated the "...and noncommercial off-premise signs..." is confusing. Mr. Estrada stated off-premise could be deleted. First paragraph - 3rd line - Commissioner Miller said instead of "...maintenance of ail signs." it should be "... maintenance of City of Temecula signs." Second paragraph - 1st line and 4th line - Commissioner Miller suggested rewording to be "It is the goai of the City..." and "in achieving the goal." R: \PLANCO~\MINUTES\1997\4-21-97 .WPD 5/1/97 vgw 5 PLKNNIN~ COIOflSSION ~PRIL 21, 1997 17.28.030 - Sign Permits Co)(2) Commissioner Miller asked the meaning of "accepted standards of quality for professional graphic artists." Mr. Estrada stated the intent is to ensure signs are of the highest standards; suggested it could be replaced with "highest standards of quality" which gives staff flexibility in reviewing signs that may be technically correct, but sloppily done. It was the consensus of the Commission for staff to develop better language. 17.28.040 - Prohibited Signs (d) Bunting - Commissioner Slaven asked what kind of a sign program would allow bunting as she thinks it should be prohibited as there is nothing tasteful about bunting. Mr. Naaseh stated allowing bunting under a sign program is a compromise and is generally requested by auto dealers and will be considered on a case-by-case basis. It was the consensus of the Commission to leave (d) as written. Mr. Estrada suggested having a cross reference to make it clear. (s) Vehicle signs - Commissioner Miller expressed concem that he found nothing in the ordinance that prohibits permanently parked vehicle signing. Mr. Hogan said the sign ordinance may not be the pron~r vehicle to address this issue, other than prohibiting all vehicle signing. He stated staff is interestt exploring options on how to regulate permanently parked vehicles, and Mr. Estrada said other codes v,,,l be reviewed to determine the most effective way to address this matter. (O Window signs - Commissioner Miller requested prohibiting window signs occupying more than ten (10) percent of a window area and not allowing handpainted signs. Commissioner Webster does not want menus prohibited in windows. Commissioner Webster asked how this prohibition would work for holiday decorations. Mr. Naaseh stated holiday decorations are not considered signs. It was the consensus of the Commission to prohibit window signs in more than 10% of window area, and for staff to clarify the wording to prohibit painted window signs plus discourage day glow colored manufactured signs. 17.28.050 - Exempt Signs (h) - Commissioner Webster expressed concern that it is clearly stated holiday decorations are allowed. Mr. Estrada suggested a cross reference to make it clear they are not prohibited. 17.28.070 - General Requirements for Permanent Signs (3) e. - Chairman Fahey ~at~ visible freeway signing is a major concem of business and the Commission can work on having tasteful signs. Commissioner Slaven stated there is no way to "ensure" visibility by having 45' signs. Mr. Estrada suggested eliminate the word "ensuring" or de-emphasize it by u~ o authorizing or permitting. R:\PLANCO~\MINUTES\1997\4-21-97.WPD 5/1/97 vcJ~ 6 P~qLNNING COHI'[IS8ION XPRIL 21o 1997 Chairman Fahey stated there is concem that using tree heights to justify sign height is not appropriate and suggested staff work on wording and develop standards that would not have one sign after another or be tacky/nondescript. Ms. Ubnoske commented tl~ due to the potential mature height of the trees, 45' will probably be the standard sign height; but signs can be offset for visual aesthetics. Chairman Fahey suggested consideration of incentives (like the Old Town Specific Plan incentives) to get desirable freeway signing. It was the consensus of the Commission for staff to work on these issues and return with recommendations/solutions after the entire sign ordinance package has been addressed. It was moved by Commissioner Slaven, and seconded by Commissioner Miller, to continue the public hearing of PA95-0127, Sign Ordinance, to May 5, 1997, beginning with 17.28.070 (4) Design. The motion carried as follows: AYES: 5 NOES: 0 ABSTAIN: 0 COMMISSIONERS: Miller, Slaven, Soltysiak, Webster, Fahcy COMMISSIONERS: None COMMISSIONERS None PLANNING MANAGER'S I~F,,PO RT vls. Ubnoske stated she had nothing to report. PLANNING COMMISSION DISCUSSION Commissioner Webster asked for an update on the Johnson Ranch property as he wondered how their proposed land use map compared to their previous plan. Ms. Ubnoske said a Notice of Preparation for an EIR had been received, but she has not had an opportunity to review it. Chairman Fahey asked when the signal light at Margarita Road and Solana Way was going to be installed as it was supposed to have been in by the opening of the child care center. It was moved by Commissioner Miller, and seconded by Commissioner Slaven, to adjourn the meeting at 9:05 PM. The motion was.unanimously carried. The next meeting will be held May 5, 1997, at 6:00 P.M. at the Temecula City Hall Council Chambers, 43200 Business Park Drive, Temecula, California. Linda Fahey, Chairman R:\PLANCO~4\MINUTES\1997\4-21-97.h~D 5/1/97 vgw 7 Debbic Ubnoskc, Secretary ITEM #3 TO: ' ' ' FROM: Ze~b~e~Z~~'ng Manager DATE: May 5, 1997 SUBJECT: Direetor's Heating Case Update Following are the Planning DirecWr's Agenda items for April, 1997. c~o.'..i :.:.'..: :. :~'."" '.:' '. April 24 PA97-0048 Development Plsn, Product Jennings D. Pierce Review for Vineyard Crest Subdivision · · Action Approvcd Attachments: 1. Action Agenda - Blue Page 2 R:~DIRI-IBAR~MF~MO\6-~-96.DH 4/29/97 klb I ATTACIIMF~NT NO. 1 ACTION AGENDA ACTION AGENDA TEMECULA DIRECTOR*S I~F~ARING REGULAR lVI~I~.TING APRIL 24, 1997 1:30 PM TEMECULA CITY t[AI~I, MAI]~ CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92390 CALL TO ORDER: Dave Hogan, Senior Planner PUBLIC COMlV~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 speak to the Serdor Planner about an item not listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Senior Planner. 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 fried with the Senior Planner before that item is heard. There is a three (3) minute time limit for individual speakers. PUBLIC HE~ARING Case No: Applicant: Location: Proposal: Environmental Action: Case Planner: Recommendation: ACTION: Planning Application No. PA97-0048 (Development Plan - Product Review) Jennings D. Pierce, Jr. North of Rancho California Road, east of Meadows Parkway, on Merlot Crest Product Review for the Vineyard Crest subdivision Categorical Exemption - Class 5 Minor Alteration in Land Use Limitations Carole K. Donahoe Approval APPROVED ADJOURNMENT ITEM #4 TO: FROM: DATE: SUBJECT: MEMORANDUM 2;Z:,2%........... May 5, 1997 Planning Application No. PA97-0033 (Tentative Tract Map No. 28503) Prepared by: Carole K. Donahoe, Project Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: ADOPT Resolution No. 97- approving PA97-0033 (Tentative Tract Map No. 28503, Amended No. 1), based upon the Analysis and Findings contained in the Staff Report; and APPROVE Planning Application No. PA97-0033 (Tentative Tract Map No. 28503, Amended No. 1), subject to the attached Conditions of Approval. BACKGROUND Tentative Tract Map No. 28503 is a resubmittal of Tentative Tract Map No. 21302 which was approved by Riverside County in 1988. The map received three extensions of time from the City and was also subject to the automatic 24-month State extension in 1993. However, Tentative Tract Map No. 21302 expired November 8, 1995. The applicant formally submitted Planning Application No. PA97-0033 on February 7, 1997. It was the identical map that had previously expired. The project was noticed for hearing at the April 21, 1997 Planning Commission meeting. However, prior to the meeting it was determined that Planning Area 2 was significantly smaller than the Specific Plan indicated. As a result, the Commission continued the case until May 5, 1997 to allow staff additional time to revisit compliance with the requirements of Specific Plan No. 199 Temeku Hills (formerly Margarita Village). ANALYSIS Densitv The Specific Plan calls for low density residential development in Planning Area 2, with a density range of 0.4 to 2 dwelling units per acre. Planning Area 3 calls for medium density residential with a range of 2 to 5 dwelling units per acre. R:~Vt~33p~9'7.pc2 4/30~7 ed I With the construction of Rancho Elementary School and La Serena Way, the amount of acreage covered by the map has decreased in size. In order to comply with the density ranges required by the Temeku Hills Specific Plan, the applicant has had to redesign the map, reducing the number of lots from 37 to 33. Tentative Tract Map No. 28503 Amended No. I is summarized as follows: Description Planning Area 2 Planning Area 3 Total Net Acreage 12.55 ac 2.86 ac 15.41 ac MWD Easement .96 ac Total Acreage 13.51 ac 2.86 ac 16.37 ac Dwelling Units 27 lots 6 lots 33 lots Density 2 du/ac 2.10 du/ac 2 du/ac Additionally, Amendment No. 2 of the Specific Plan states the following: "Planning Areas 2 and 3 (shall) have a 7,200 square foot minimum, but lots in these areas (shall) average in excess of 12, 350 square feet." The smallest lot proposed in the project is 7,204 square feet; the largest lot is 20,841 square feet. The average of all the lots both in the low density Planning Area 2 and the medium density Planning Area 3 falls below the 12,350 square foot requirement. However, there are unique characteristics of the project site, and the applicant proposes that four acres be left as open space which borders every lot in the subdivision. With the addition of the four acres of open space to adjacent property, the largest lot changes to 32,654 square feet and the average lot size is 15,538 square feet, well over the 12,350 requirement. However, staff requested that the open space areas be designated as separate lots, rather than as easements upon each individual lot. Staff felt that common ownership would facilitate uniform and consistent maintenance by the homeowners' association. Staff recommends that the Commission determine that the applicant has met the intent of the Specific Plan. Specific Plan No. 199 is currently in the process of its third amendment. Staff feels it may be appropriate to add a provision in the amendment that, within Planning Area 2 and 3, the average lot size may include portions of the site left in open space. Resl~onse to Noticing Correspondence from Patricia and David Rittenhouse, adjacent property owners to the east, was received subsequent to the preparation of the April 21, 1997 Commission packet. It is dated April 14, 1997 and is attached to this report. Staff also received a telephone call April 21, 1997 from Jim Stead, 31445 Avenida del Reposo, a resident of Meadowview. Mr. Stead was concerned that the project was designed in excess of 2 to 3 dwelling units per acre. Following the redesign of the map, staff spoke with Diana Stead. All other concerns and issues having been reviewed within the Staff Report dated April 21, 1997 which is attached. FINDINGS The proposed land division and the design or improvement of the project is consistent with the City's General Plan and Specific Plan No. 199, and the site is physically suitable for the type and density of development. The General Plan Land Use designation for the site is Low-Medium Residential (3-6 dwelling units per acre). The Specific Plan calls for Low Density Residential (0.4 to 2 dwelling units per acre) in Planning Area 2 and Medium Density Residential (2-5 dwelling units per acre). The project proposes thirty- three (33) residential parcels on 15.41 net acres. Density within that portion depicted as Planning Area 2 of Specific Plan No. 199 is 2 dwelling units per acre. Density within that portion depicted as Planning Area 3 is 2.10 dwelling units per acre. This is consistent with the General Plan Land Use designations and the Specific Plan density ranges for maximum density on the site. The design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There is no fish wildlife or habitat on the project site, and the project will not affect any fish wildlife or habitat off-site. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. The design of the proposed land division or the type of improvements are not likely to cause serious public health problems. The project has been reviewed for conformance with the City's General Ran, Development Code, Specific Plan No. 199, Subdivision and Landscaping Ordinances. The project is consistent with these documents and conditions of approval have been placed on the project accordingly to assure that the development conforms to standards within these documents. The design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. The project will take access from La Serena Way, and will not obstruct any easements. Planning Application No. PA97-0033 (Tentative Tract Map No. 28503, Amended No. 1 ) as proposed, conforms to the logical development of the proposed site, and is compatible with the health, safety and welfare of the community. Attachments: PC Resolution - Blue Page 5 A. Conditions of Approval - Blue Page 9 Staff Report dated April 21, 1997 - Blue Page 21 Correspondence dated April 14, 1997 - Blue Page 22 R:%staffq>t~33pa97.pc2 4/30/97 ATTACHMENT NO. 1 PC RESOLUTION NO. 97- ATrACHMENT NO. 1 PC RESOLUTION NO. 97-__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA97-0033 (TENTATIVE TRACT MAP NO. 28503, AMENDED NO. 1) TO SUBDIVIDE A 15.41 NET ACRE PARCEL INTO THIRTY-TIt~EE (33) PARCELS LOCATED ON THE NORTH SIDE OF LA SERENA WAY, BETWEEN MEADOWS PARKWAY AND BUTTERFIELD STAGE ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 953-050-003 AND 953-050-012 ~, Bramalea, LII2 fled Planning Application No. PA97-0033 (Tentative Tract Map No. 28503, Amended No. 1) in accordance with the City of Temecula General Plan, Development Code, and Subdivision Ordinances; WHEREAS, Planning Application No. PA97-0033 (Tentative Tract Map No. 28503, Amended No. 1) was processed in the time and manner prescribed by State and local law; WHEREAS, Planning Application No. PA97-0033 (Tentative Tract Map No. 28503) was scheduled for hearing on April 21, 1997, and the Planning Commission considered Planning Application No. PA97-0033 (Tentative Tract Map No. 28503, Amended No. 1) on May 5, 1997 at a duly noticed public hearing and continued public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, at the May 5, 1997 public heating, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all facts relating to Planning Application No. PA97-0033 (Tentative Tract Map No. 28503, Amended No. 1); NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RP-~OLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. ~ That the Temecula Planning Commission hereby makes the following findings, to wit: 1. The proposed land division and the design or improvement of the project is consistent with the City's General Plan and Specific Plan No. 199, and the site is physically suitable for the type and density of development. The General Plan Land Use designation for the site is Low-Medium Residential (3-6 dwelling units per acre). The Specific Plan calls for Low Density Residential (0.4 to 2 dwelling units per acre) in Planning Area 2 and Medium Density Residential (2-5 dwelling units per acre). The project proposes thirty-three (33) residential parcels on 15.41 net acres. Density within that portion depicted as Planning Area 2 of Specific Plan No. 199 is 2 dwelling units per acre. Density within that portion depicted as Planning Area 3 is 2.10 dwelling units per acre. This is consistent with the General Plan Land Use designations and the Specific Plan density ranges for maximum density on the site. 2. The design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There is no fish wildlife or habitat on the project site, and the project will not affect any fish wildlife or habitat off-site. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. 3. The design of the proposed land division or the type of improvements are not likely to cause serious public health problems. The project has been reviewed for conformance with the City's General Plan, Development Code, Specific Plan No. 199, Subdivision and Landscaping Ordinances. The project is consistent with these documents and conditions of approval have been placed on the project accordingly to assure that the development conforms to standards within these documents. 4. The design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, properiy within the proposed land division. The project will take access from La Serena Way, and will not obstruct any easements. 5. Planning Application No. PA97-0033 (Tentative Tract Map No. 28503, Amended No. 1) as proposed, conforms to the logical development of its proposed site, and is compatible wiffi the health, safety and welfare of the community. Section 3. As conditioned pursuant to Sec~on 4, Planning Application No. PA97-0033 (Tentative Tract Map No. 28503, Amended No. 1) as proposed, conforms to the logical development of its proposed site, and is compatible with the health, safety and welfare of the community. Section 4. F~nvironmental Compliance. Environmental impacts were assessed in Environmental Impact Report No. 202 for Specific Plan No. 199 and was certified by the County Board of Supervisors. Amendment No. 2 of the Specific Plan was adopted in April 1996. No substantial changes are proposed in the project which would require revisions to the previous EIR. No substantial changes occur with P,,spect to circumstances under which the project is undertaken. No new information, which was not known at the time of the EIR was certified and complete has become available. Staff therefore determines that no further environmental analysis is required, in accordance with Section 15 162 of the California Environmental Quality Act (CEQA). R:Xslaffrpt'331pa97.pc2 4r30/97 ed 7 Section 5. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No. PA97-0033 (Tentative Tract Map No. 28503, Amended No. 1) to subdivide a 15.41 net acre parcel into thirty-three (33) parcels located on the north side of La Serena Way, between M~dows Parkway and Butterfield Stage Road, and known as Assessor' s Parcel No. 953-050-003 and 953-050-012, subject to conditions listed in Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. Section 6. PASSED, APPROVED AND ADOFrED this 5th day of May, 1997. 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 5th day of May, 1997 by the following vote of the Commission: PLANNING COMMISSIONERS: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:X~fffq~tX3~,a97.F.2 4~3o/e~ cd 8 EXHIBIT A CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA97-0033 {Tentative Tract Map 28503, Amended No. 1) Project Description: Assessor's Parcel No.: Approval Date: Expiration Date: A residential subdivision of a 15.41 net acre parcel into 33 lots 953-050-003 and 953-050-012 May 5, 1997 May 5, 1999 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Exemption required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning department the check as required above, the approval for the project granted shall be void by reason of failure of condition. General Requirements 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. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Planning Application No. PA97-0033 (Tentative Tract Map No. 28503, Amended No. 1) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et sen., including but not by the way of limitations Section 21152 and 21167). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. R:\slaffspt~33pe97.pc2 4r3o/9'/c4t 10 4. If subdivision phasing is proposed, the applicant shall submit a phasing plan to the Planning Manager for approval. 5. The tentative subdivision shall comply with all requirements of Specific Plan No. 199 and its amendments. 6. Within fifteen (15) days from the date of approval of this application, the applicant shall submit a revised exhibit for Tentative Tract Map No. 28503, Amended No. I that corrects the map's Statistical Data General information as follows for review and approval: a. Renumber all lots to reflect 33 single family lots and 4 open space lots. 1) Recalculate densities by parcel or Planning Area. 2) Recalculate parcel area and areas for easements, streets, and open space. 3) Recalculate earthwork quantities as necessary. Prior to Issuance of Grading Permits 7. The applicant shall submit a copy of the Rough Grading plans to the Planning Director for approval. 8. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code. 9. The applicant shall submit conceptual landscape plans to the Planning Department for review and approval. The plans shall be consistent with City standards and Specific Plan No. 199 including automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from the view of the public from streets and adjacent property including: a. Landscaping on all slope areas and common areas. b. Front yard landscaping. c. The height, location and the materials for all walls and fences shall be designed in accordance with Specific Plan Design Guidelines for 'Community Walls and Fences." d. Landscaping along La Serena Way shall matchup to street landscaping already installed on the south side of La Serena Way. Prior to Recordation of the Final Map 10. The applicant shall submit the following to the Planning Director for approval: a. A copy of the Final Map R:~x~lFr~t~33pa97,pc2 4/30/9/ b. A copy of the Rough Grading Plans c. A copy of the Environmental Constraint Sheet (ECS) with the following notes: 1) 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, Ordinance No. 655. d. The applicant shall submit a copy of Covenants, Conditions, and Restrictions (CC&R's) for review and approval by the Planning Department, Public Works Department and the City Attorney. Prior to Issuance of Building Permits 11. The applicant shall submit a receipt or clearance letter from the Temecula Valley School District to the Planning Department to ensure the payment or exemption from School Mitigation fees. 12. The applicant shall submit the following to the Planning Director for approval: a. Construction landscape plans consistent with the City standards and the approved Conceptual Landscape Plans including automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from the view of the public from streets and adjacent property for: 1 ) Front yards and slopes within individual lots prior to issuance of building permits for any lot(s). b. Wall and fence plans consistent with the Conceptual Landscape Plans. c. Precise grading plans consistent with the approved rough grading plans including all structural setback measurements. d. The Temporary Use Permit application for a Model Home Complex (if applicable) which includes the following: 1) 2) 3) 4) 5) 6) Site Plan with off-street parking Construction Landscape Plans Fencing Plans Building Elevations Floor Plans Materials and Colors Board A Development Plan shall be submitted and approved by the Planning Director for the housing product. 13. The applicant shall submit an acoustical analysis to the Planning Department for approval. The analysis shall be submitted prior to the issuance of the first building permit for the project. The analysis shall contain recommendations to ensure that noise levels do not exceed 65dBA for exterior and 45dBA for interior noise levels. 14. 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 Director approval. Prior to Issuance of Occupancy Permits 15. Front yard and slope landscaping within individual lots shall be completed for inspection. 16. All the Conditions of Approval shall be complied with to the satisfaction of the Directors of Planning, Public Works, Community Services and Building and Safety. PUBLIC WORKS DEPARTMENT The Department of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. General Requirements 17. It is understood that the Developer correctly shows 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. 18. A Grading Permit for rough grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 19. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 20. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Approval of the Final Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and securities posted: 21. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: · San Diego Regional Water Quality Control Board 22. Rancho California Water District Eastern Municipal Water District Metropolitan Water District City of Temecula Fire Bureau Planning Department Department of Public Works Riverside County Health Department Cable TV Franchise Community Services District General Telephone Southern California Edison Company Southern California Gas Company The Developer shall construct the following public improvements to City of Temecula General Ran standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: Improve La Serena Way (Secondary Highway Standards - 68'/88' R/W) per City Standard No. 102 to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). All proposed interior streets shall be improved to Local Road Standards (60' R/W) per City Standard No. 104 to include dedication of full-width street right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). All street improvement design shall provide adequate right-of-way and pavement transitions per CaI-Trans standards for transition to existing street sections. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. f. Driveways shall conform to the applicable City Standard Nos. 207 and 208. Street lights shall be installed along the public streets shall be designed in accordance with Ordinance No. 461. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. 23. 24. 25. j. Minimum centerline radii shall be in accordance with City Standard No. 113. k. The minimum lot frontages along the cul-de-sacs and knuckles shall be 35 feet. Standard cul-de-sacs, offset cul-de-sacs and knuckles shall be constructed throughout the land division. Land divisions creating cut or fill slopes adjacent to the streets shall provide erosion control, clear space and slope easements as approved by the Public Works Department. n. All reverse curves shall include a 100-foot minimum tangent section. o. All street and driveway centerline intersections shall be at 90 degrees. All units shall be provided with zero clearance garage doors and garage door openers if the driveway is less than 18 feet in depth from back of sidewalk. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All concentrated drainage directed towards the public street shall be conveyed through curb outlets per City Standard No. 301. All utility systems including gas, electric, telephone, water, sewer, and cable Tv shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Department of Public Works for any disruption to traffic circulation as required by the Department of Public Works. Relinquish and waive right of access to and from La Serena Way on the Final Map with the exception of proposed interior street and gated MWD maintenance road as approved by the Department of Public Works. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. 26. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency 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. 27. 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. Prior to City Council approval of the final map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. R:~$t~fftptL'13pa97.1n2 4/30/f7 ¢¢1 15 28. Any delinquent property taxes shall be paid. 29. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the parcel\final map to delineate identified environmental concerns and shall be recorded with the map. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The following information shall be on the ECS: a. Development Fee Impact Fee deferrals. b. Geotechnical hazards identified in the project's geotechnical report. c. Archeological resources found on the site. 30. 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. 31. 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. 32. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Metropolitan Water District (MWD) for approval prior to recordation of the final map or the issuance of any permit. A permit from MWD is required for work within their Right-of-Way. 33. 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. 34. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. Prior to Issuance of Grading Permits 35. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: · San Diego Regional Water Quality Control Board · Riverside County Flood Control and Water Conservation District · Planning Department · Department of Public Works 36. 37. 38. 39. 40. 41. 42. 43. 44. A Grading Ran shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and preliminary pavement sections. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off-site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of one hundred years. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval 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 Riverside County Flood Control and Water Conservation District prior to issuance of any permit. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. R:~taffrpt~13ps97.pc2 4/30/97 Prior to Issuance of Building Permits 45. The Final Map shall be approved and recorded. 46. 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. 47. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 48. The 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 the Developer requests its building permit for the project or any phase thereof, the Developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to the Developer. Concurrently, with executing this Agreement, the Developer shall secure payment of the Public Facility fee. The amount of the security shall be $2.00 per square foot, not to exceed $10,000. The Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, the 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; laLO_Y. jl;L~[ that the 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 49. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District Eastern Municipal Water District Department of Public Works 50. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 51. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 52. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works. 4/30/97 d ]. 8 COMMUNITY SERVICES DEPARTMENT The Temecula Community Services District has reviewed the aforementioned tentative map and conditions the project as follows: General Requirements: 53. All slopes, common open space and parkway landscaping shall be maintained by the Home Owners' Association. 54. Street Lighting Energy Fees shall be paid in conformance with TCSD standards upon request for installation of the street lights within the project. Prior to Recordation of the Find Map: 55. The developer shall satisfy the City's park land dedication requirement (Quimby) through the payment of an in-lieu fee equivalent to the dedication of .43 acres of land. The fee shall be calculated by multiplying the required amount of park land by the City's then current appraised land valuations as established by the City Manager. 56. A 10' wide equestrian trail easement, adjacent to the existing MWD right-of-way, shall be offered for dedication to the City on the final map. 57. Prior to recordation of the final map, the property owner(s) shall comply with the TCSD application and dedication process to transfer extended street light maintenance services into the appropriate service level. Prior to Issuance of Certificates of Occupancy: 58. The developer shall provide adequate disclosure to future property owners of the existence of the Temecula Community Services District, Temecula Parks Tax, and the annual levy of the rates and charges for street lighting and refuse/recycling services. 59. The developer shall submit the most current list of Assessor's Parcel Number assigned to the final project. BUILDING AND SAFETY DEPARTMENT 60. Comply with applicable provisions of the 1994 edition of the California Building, Plumbing and Mechanical Codes; 1993 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 61. Obtain street addressing for all proposed buildings prior to submittal for plan review. 62. Provide electrical plan including loan calcs and panel schedule, plumbing schematic and mechanical plan for plan review. R:\st~ffrpt~33par/.pc2 4/30/97 cd ].9 63. Prior to building permit issuance, approval must be obtained from the Water District, Sanitation District, Public Works Department, Fire Department, Planning Department and Building Department. 64° Based on submitted documents, the occupancy classification of the proposed use shall be R-3, U-1. 65. Truss calculations that are stamped by the engineer of record, the truss manufacturers engineer, are required for plan review submittal. OTHER AGENCIES 66. The applicant shall comply with the environmental health recommendations outlined in the Riverside County Health Department's transmittal dated February 25, 1997, a copy of which is attached. 67. The applicant shall comply with the fire improvement recommendations outlined in the Fire Department's transmittal dated March 18, 1997, a copy of which is attached. 68. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated February 25, 1997, a copy of which is attached. 69. The applicant shall comply with the recommendations outlined in the Eastern Information Center Department of Anthropology's transmittal dated February 13, 1997, a copy of which is attached. 70. The applicant shall comply with the recommendations outlined in the Riverside County Flood Control and Water Conservation District's transmittal dated April 7, 1997, a copy of which is attached. have read, understand and accept the above Conditions of Approval. Applicant Name R:~.~m~.~.r.2 4~0m ~ 20 ITr, mdm.,/altoally ZS. 199/' ¶OztTm -- Per FEB-25-97 TUE 11:16 fit P. D2 DEPARTMEIer OF ENVIRONMENTAL HF, _d 25, City ofT~ pla~dng ~mnt P.O- ~ 9033 Tem~tda, CA 92599 RE: TENTA-i'aVE TRACT MAP-NO. PA97-0033: BEING A SUBDIVISION OF A PORTION OF PARCEL 1 OF PARCEL MAP NO. 22$S4, AS SHOWN BY MAP ON FILE IN BOOK 147 OF PAR~ ~ AT PAG]~ 94 THROUGH 98, RECORDS OF RIVEKswE COUNTY, 1. Thc Dcpm'tm~t of Environmental Heal~} h~e wviewed Tcntmive Trot Map No. PA97-0033 and John M. Fannhlg, 406S Cotmty'Cimle Dfive eRivmside, CA92G030PhoneO100) 358..5316 e FAX (90 9) 358-5017 (Maing Address - P.O. Box 7600 · Rlvendde, CA 92513..74N)0) ~ Two A~m: C~'ole ~mskPRlOlt,o~l~x~dssionof~l~fmslmsp. City of T~ The ptims droll show ltg inln'nal pipe diameter, location ofmsnholes, v, ofiles, ]pipe m,4 joint specifcaHom sad the size of the sewers at the joactlon of the new system to daeexistings~atem. Asinileplstindicslinglocstionofsew~iim~andwa~atinesshsllbes sew~ district with the following c~di~cMion: 'I ~'rtifI flust the dmign of the smv~ syslmn in Tract Map No. PA97-0033 is in accotdanee with the sewet~sl~n expamioa plsm of the Eastern Municipal W__d~__ Di,Vai"~ and that the waste ~ stature is ulequm~ at thts ttme to tam thg snsici~wsses~omthel~Tts~Maf. The plam must b~ submitt~l to thg City of Temecula'sOffi~to~-vigwstlassttwowtt, ks l~RIOR to the zmlumt for the ~txndstion of the h will be ne~sssry for financial ~ to tm c~mpie, ely t~nsligsd PRIOR ,o xecordntlon of the nns~ map. 6. R w~T b~ umsssry ~o~ the sm2y~on ptoeeedi-~ Io b~ compk~y fumLi~ PRTOR ~o ~he m:cn'dstlonofthefmdmap. March 18, 1997 TO: Planning Department ATTN: Carole Donahoe RE: PA97-0033 Tract 28503 With respect to the conditions of approval for the above referenced plan, the Fire Department recommends the following fire protection measures be provided in accordance with City of Temecula Ordinances and/or recognized fife protection standards: Provide or show there exists a water system capable of delivering 1000 GPM for a 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Approved ~andard fire hydrants (6"x4"x2 1/2 ~ ) shall be located at each street intersection and spaced not more than 330 feet apart in any direction with no portion of any lot frontage more than 165 feet from a hydrant. Applicant/developer shall furnish one copy of the water plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once the plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. The required water system, including fire hydrants, shall be inslalled and accepted by the appropriate water agency prior to any combustible building materials being placed on the job site. Blue dot reflectors shall be mounted in private streets and driveways to indicate location of fire hydrants. They Shall be mounted in the middle of the street directly in line with fire hydrant. All buildings shall be consU'ucted with fire retardant roofing materials as desc. rib~l in The Uniform Building Code. Any wood shingles or shakes shall be a Class *B" rating and Shah be approvod by the fire department prior to installation. Prior to recordafion of the final map, the developer shall pay to the City of Temeeula, the sum of $400.00 per lo~/unit, as mitigation for fife protection impacts. Should the developer choose to defer the lime of payment, he/she may enter into a written agreement with the City of Temecula deferring said payment to the time of issuance of the first building permit. All queslions regarding the meaning of these conditions shall be referred to the Fire Depamnent Planning and engineering section (909)693-3974. Laura Cabral Fire Safety Specialist February 25, 1997 Ms. Carole Donahoe, Case Planner City of Temecula Planning Department 43200 Business Park Drive Temecula, CA 92590-3606 SUBJECT: WATER AVAILABILITY TRACT MAP 28503 Dear Ms. Donahoe: Please be advised that the above-referenced property is located within the boundaries of Rancho Califomia Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. If fire protection is required, customer will need to contact RCVVD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 97/SB:eb036/F012JFEF C: Laurie Williams, Engineering Services Supervisor CALIFORNIA HISTORICAL RESOURCES INFORMATION SYSTEM MONO INto Eastem Information Center Department of Anthropology University of California Riverside, CA 92521-0418 Phone (909) 787-5745 Fax (909) 787-5409 CULTURAL I RSOURCE I RVIEW DATE: P'.~. I,.~/ l~: Case Transmittal Reference Designation: Records at the Eastern Information Center of the California Historical Resources Information System have been reviewed to determine if this project would adversely affect prehistoric or historic cultoral resources: The proposed projec~ area has not been sun, eyed for oulmral resourcex and uentains or is adjacent to known cultoral rosouroe(I). A }qtal¢ [ study is rccommcnded, Baled upon exis~n2 d~ta the proposed project area Ms the poenthd for comlnln2 cultural r~ourcu. A Phue I study is recommended, Phase I cultoral resource study. (MF # ) identified one or more eultuml resources. The project area contains, or has the possibility of containing, cultural resources. However, due to the nature of the project or prior dam recovery studies, an adveru~ effect On ;ultuml resources is not anticipated. Further study is net k'/' A Phue I cultural resouroe study (M F # ,.I~'7"7 ) identified no cultural resoureea. Further study is not re, commended. There is · low probability of cultural resources. Further study is not recommended. If~durimg~nstructi~n~cu~tur~reseurcc~re~ne~untarcd~wt~rksh~u~dheha~tad~rdivert~dintheimmadiatcareawhiin · qualified aroheeologist evaluates the finds and makes rccommendatiotm. Due to the archaeological sensitivity of the at~a, earthmoving during constnaction should he monitorrot by · profo·slonel archaeologist. The submission of a cultural resource managetricot rrpo~ is recommended following guide|inca for Archaeological Resource Management RepolU prepared by the California 0 f~cc of Historic Pruervation, Preservation Planning Balletin dl(a), December 1989. Phase I Phase il Phase ill Phase IV Records search and field survey Testing lEviStrata resource signSfie·nee; propose mitigation mmurml for "slgnifieant* sites.] Mitigation [Data r~covery by e. xcavation, preservation in place, or · combination of the two. I Moidtor earthmoving activitiu COMMENTS: If you have any questions, please contact us. Eastern Information Center IBICUqMkeI%T·ANSldlT DAVID P. ZAPPE General Manager-Chief Engineer RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT City of Temecula Plannin Department 43200 ~usiness Park Ddve Temecula, California 92590 Attention: ("~, PDL-E, 'DO kl.~x-x. orc.., Ladies and Gentlemen: Re: 1995 MARKET STREET RIVERSIDE, CA 92501 909/275-1200 By The District does not normally recommend conditions for land divisions or other lend use cases in incorporated cities. The District also does not plen check city land use cases, or provide State Division of Reel Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Mastor Draina · Plan facilities, other regional flood control and draina e facilities which could be considered a logical componenPor extension of a master plan system, and District Area ~?&inage Plan fees (deveiopmant mitigation fees). In addition, information of a general nature is provided. The Distdct has not reviewed the roposed project in detail and the following checked comments do not in any wa constitute or imply District a rov~or endorsement of the proposed project w~th respect to flood hazard, public heal~ and safty or any other su~Plssue: '~eT~is project would not be impacted by District Master Drainage Plan facilities nor are other facilities of reg ona interest proposed. This project involves District Master Plan tecilities. The District will accept ownership of such facilities on wdtten request of the City. Facilities must be constructed to District standards, and Disthct p an check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. This project proposes channels, storm drains 36 inches or targer in diemater, or other facilities that could be considered regional in nature and/or a logical extension of the adopted Master Drainage Plan. The District would consider acceptin ownership of such facilities on written request of the C' . Facilities must be constructed to District standa~qs and Disthct plan check and inspection w be requi~e~6r District acceptance. P an check, nspact on and administrative fees will be required. / Drain P,en wh h d.inag.,cab. __to the This project is located within the limits of the District's i"~.~'c/. C.f~ tf-~c.u~V.~.t,~ Area Districa~or C' rior to final ap roval of the pro'ect, or in t~ee case of a rcel map or subdivision prior to r.ordatio. tge ,.a, map. to bebe at the reto i. e; at tima of recorda,on or if deferred, at the time of issuance of the actual permit.' GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination S stem (NPDES) permit from the Stete Water Resources Control Board. Clearance for grading, recordation, or other ~al approval Should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this pro'ect involves a Federal Emergen.cy Management Agency (FEMA mapped flood p a n, then the C ty should require ~{~e applicant to rovide all stuffies, calculations, plans and oA~her reformation roqu red to meet FEMA requirements, and Should t~rther require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) pdor to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) pdor to occupancy. If a natural watercourse or mapped flood plein is im acted by this project the City should require the a licant to obtain a Section 160111603 A reemant from the C;~ifomia Department o~ Fish and Game and a Clean P~:ter Act Section 404 Permit fTOm the U.~. Army Corps of En ineers, or wdtten correspondence from these agencies indicating the project is exempt from these requiromants. A~lean Water Act Section 401 Water Qua ity Certification may be required from the local California Regional Water Quality Control Board pdor to issuance of the Corps 404 permit. Very truly yours, STUART E. MCKIBBIN Senior Civil Engineer Date: 4-7- ~7 ATTACHMENT NO. 2 PLANNING COMMISSION STAFF REPORT APRIL 21, 1997 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION OI?I61N,4L April 21, 1997 Planning Application No. PA97-0033 (Tentative Tract Map No. 28503) Prepared By: Carole Donahoe, Project Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: ADOPT Resolution No. 97-__ approving PA97-0033, based upon the Analysis and Findings contained in the Staff Report; and APPROVE Planning Application No. PA97-0033, subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: Bramalea California, LLC REPRESENTATIVE: Brian D. Johnson, Lennar Homes PROPOSAL: A thirty-seven (37) lot residential subdivision of 16.4 acres LOCATION: North side of La Serena Way, between Butterfield Stage Road and Meadows Parkway EXISTING ZONING: SP (Specific Plan No. 199 - Temeku Hills): designated as 31 dwelling units of low density (0.4-2 du/ac) and 6 dwelling units of medium density (2-5 du/ac)), for a combined total of 37 dwelling units SURROUNDING ZONING: North: South: East: West: VL (Very Low Density Residential, 0.2-0.4 dwelling units per acre) SP (Medium Density Residential, 2-5 dwelling units per acre) LM (Low-Medium Density Residential, 3-6 dwelling units per acre) SP (Elementary School) PROPOSED ZONING: Not requested GENERAL PLAN DESIGNATION: LM (Low-Medium Density Residential, 3-6 dwelling units per acre) EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: South: East: West: Single-Family Residential Single-Family Residential Single-Family Residential Rancho Elementary School PROJECT STATISTICS Total Area: Number of Lots: Project Density: Earthwork Amount: Cut: Fill: 16.4 acres 37 2.25 dwelling units per acre 96,589 cubic yards 93,276 cubic yards BACKGROUND Planning Application No. PA97-0033 (Tentative Tract Map No. 28503) was formally submitted to the Planning Department on February 7, 1997. A Development Review Committee (DRC) meeting was held on February 27, 1997. Planning Application No. PA97-0033 was deemed complete on March 26, 1997. PROJECT DESCRIPTION The project is a resubmittal of Tentative Tract Map No. 23102, which was approved by the Riverside County Board of Supervisors November 8, 1988. The City subsequently approved three extensions of time. The map was also subject to the State emergency amendment to the Subdivision Map Act in September 1993 which gave it an additional automatic 24-month extension. However, Tentative Tract Map No. 23102 expired on November 8, 1995. Site Design & Access Lot sizes were designed to comply with a minimum of 7,200 square feet. The smallest lot is 7,204 square feet, and the largest is 20,841 square feet. Because of site topography, only 7 of the 37 lots are smaller than 8,000 square feet, while 16 lots are over 10,000 square feet. Staff had concerns about the accessibility and useability of lot//20, and requested the applicant to plot a residential envelope on the site. The plotting of Plan 2, a 2,867 square foot, two-story, five-bedroom, 3-car garage home, depicted in Exhibit E, was reviewed and accepted by the Public Works and Planning Department staff. The applicant proposes to construct the same product currently under construction in Chardonnay Hills, known as "Country Walk." The proposed subdivision takes access from La Serena Way, and is designed with four cul-de- sacs, one crossing the Metropolitan Water District (MWD) easement that traverses the site. The slopes around the site are proposed to be left as open space. The applicant proposes that these numbered open space lots will be maintained by the Chardonnay Hills Home Owners Association. R:~STAFFRFf~3PA97.PC 4/16/97 klb 2 Area ComDatibility The proposed subdivision is a portion of Specific Plan No. 199, Temeku Hills, a master planned community of neighborhood villages on 1,399 acres, which includes a golf course with clubhouse, a recreation center, park sites, elementary schools, a church, school administration headquarters, post office, commercial and residential uses. The project complies with the requirements of Planning Areas 2 and 3 established for the site, and is therefore compatible with development occurring within the Specific Plan. The project's large lot sizes provide a transition from the Specific Plan subdivisions to the Meadowview development on its north boundary. The Specific Ran also calls for a landscape buffer adjacent to Rancho Elementary School, and an equestrian trail on the Metropolitan Water District easement. Because the project proposes an open space lot along the west boundary with the school site, staff believes the project provides a suitable buffer and meets the intent of the Specific Plan design. A ten foot equestrian trail shall be noted on the final map. Parkwav Landscaoing on La Serena Way Temecula Community Services District (TCSD) has conditioned the project to include parkway maintenance within the areas under the responsibility of the home owners association. TCSD does not currently maintain parkways within Chardonnay Hills, and has determined that it would not be fiscally responsible nor appropriate to do so for this project. ResDonse from Meadowview Community Association President Kathy Hoagland responded on behalf of the Meadowview Community Association to the City's noticing of the project. Her letter dated February 24, 1997 (see Attachment 3) includes concerns regarding the lack of transition to smaller lot sizes, future maintenance of the slopes on the project site, and construction activity noise. Transition issues were a major concern addressed by the Specific Plan as a whole. Planning Areas 2 and 3 of that Plan, which comprise this project site, were designed to provide the buffer between large lot and smaller lot development. As noted earlier in this report, the project complies with the requirements for these Planning Areas. Slopes are proposed to be maintained by the Chardonnay Hills Home Owners Association. Construction activity at the site will be limited to those hours and conditions as specified within Ordinance No. 94-21, namely, 6:30 a.m. to 6:30 p.m. Monday through Friday, and 7:00 a.m. to 6:30 p.m. Saturday. No construction activity shall be permitted on Sunday or holidays. ZONING AND GENERAL PLAN CONSISTENCY The project is consistent with the SP (Specific Plan) zoning on the site. The General Plan designation is LM (Low-Medium Density Residential, 3-6 dwelling units per acre. At an overall density of 2.25 dwelling units per acre, the project falls below the density range. ENVIRONMENTAL COMPLIANCE Environmental impacts were assessed in Environmental Impact Report No. 202 for Specific Plan No. 199 and was certified by the County Board of Supervisors. Amendment No. 2 of the Specific Plan was adopted in April 1996. No substantial changes are proposed in the project which would require revisions to the previous EIR. No substantial changes occur with respect to circumstances under which the project is undertaken. No new information, which was not known at the time of the EIR was certified and complete has become available. Staff therefore determines that no further environmental analysis is required, in accordance with Section 15162 of the California Environmental Quality Act (CEQA). SUMMARY/CONCLUSIONS The project has been reviewed for conformance with the City's General Plan, Development Code, Subdivision and Landscaping Ordinances. The project is consistent with these documents and conditions of approval have been placed on the project accordingly to assure that the development conforms to City Standards. FINDINGS The proposed land division and the design or improvement of the project is consistent with the City's General Plan and the site is physically suitable for the type and density of development. The General Plan Land Use designation for the site is Low-Medium Residential (3-6 dwelling units per acre). The project proposes thirty-seven (37) residential parcels on 16.4 acres for a density of 2.25 units per acre. This is consistent with the General Plan Land Use designation for maximum density on the site. The design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There is no fish wildlife or habitat on the project site, and the project will not affect any fish wildlife or habitat off-site. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. The design of the proposed land division or the type of improvements are not likely to cause serious public health problems. The project has been reviewed for conformance with the City's General Plan, Development Code, Subdivision and Landscaping Ordinances. The project is consistent with these documents and conditions of approval have been placed on the project accordingly to assure that the development conforms to City Standards. The design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. The project will take access from La Serena Way, and will not obstruct any easements. Planning Application No. PA97-0033 as proposed, conforms to the logical development of the proposed site, and is compatible with the health, safety and welfare of the community. R:~TAP'FRPT~3PAr/.I~C 4/16/r/ILtb 4 Attachments: PC Resolution - Blue Page 6 A. Conditions of Approval - Blue Page 10 Exhibits - Blue Page 22 A. Vicinity Map B. Zoning Map C. General Plan Map D. Tentative Tract Map E. Lot No. 20 Plotting of House Plan 2 Meadowview Community Association Correspondence Dated February 24, 1997 - Blue Page 23 ATTACHMENT NO. 2 EXHIBITS CITY OF TEMECULA To C~o~ N PROJECT CASE NO. - PA97-0033 EXHIBIT- A VICINITY MAP ~LANNING COMMISSION DATE -April 21, 1997 R:~staff~33pa97 CITY OF TEMECULA SP EXHIBIT B - ZONING MAP DESIGNATION - SP (Specific Plan No. 199 - Temeku Hills) OS EXHIBIT C - GENERAL PLAN DESIGNATION - LM (LOW MEDIUM DENSITY RESIDENTIAL 3-6 DU PER ACRE) CASE NO. - PA97-0033 PLANNING COMMISSION DATE -April 21, 1997 CITY OF TEMECULA GRADFc, D// '~\ '\.,. / / \ / / .....~- \ '-,, ~_:,-~-_'_~-'--', / "-,, / // \ /"-~/ \ Z CASE NO. - PA97-0033 EXHIBIT- D TENTATIVE TRACT MAP NO. 28503 LANNING COMMISSION DATE -April 21, 1997 R:~taffrpt~3pa97 CITY OF TEMECULA CASE NO. - PA97-0033 EXHIBIT - E LOT NO. 20 PLOTTING OF HOUSE PLAN z PLANNING COMMISSION DATE- April 21, 1997 ATTACHMENT NO. 3 MEADOWVIEW COMMUNITY ASSOCIATION CORRESPONDENCE DATED FEBRUARY 24, 1997 P~Vaff~t~331~97 23 Meadowview Community Association FebD~ry 24, 1997 City of Temecula Plalning Department 43200 Business Park Dr. Temecula, Ca 92590 Attention: Carole Donahoe Re.: Planning Application PA97-0033 The MeadowivewBoard of Directors appreciates ~e oppor~]nity to review the propos~] tentative t~actmap 6f Planning A~plication No. PA97-0033. The hcme. s adjacent to Mead~iew are on substantially smaller lots than the Meadowview Community Association end offer no transition other than the steep escurpmant at the edge of this project. Meadowview CEity Association is concerned about future main- tenance of the steep slopes on lots 6,7,8 and especially open space, lot 38. Will there be a homeowners association for slope maintenance? If not, how will the slopes be maintained? Also, the impacted homeowners are concerned about noise and request that construction activity not be permitted on lots 6 through 19, inclusive and lot 38 prior to 7:00 am or after 6:00 pm Monday through Friday (including landscape abEL/or earth moving), before 8:00 am Or after 5:00 pm on Saturdays or an~lime Sundays. ~ you again for the opportunity to review and curetent on this project. n',~lL'' ' Board of Directors · , P.O. Box 788 · Temecula, California 9Z593 · (909) 676-44Z9 · Fax (909) 695-2409 ATTACHMENT NO. 3 CORRESPONDENCE DATED APRIL 14, 1997 R:XataffrptX33pa97.pc2 4~29/97 ed ~22 ITEM #5 MEMORANDUM TO: FROM: Planning Commissio Debbie Ubnoske~l~anning Manager DATE: May 5, 1997 SUBJECT: Planning Application No. PA97-0030 - Amendment and Restatement of Development Agreement No. 5 for portions of TM 23100, TM 23101, TM 23103 and TPM 28503 proposed (formerly TPM 23102), within Specific Plan No. 199 Prepared By: Matthew Fagan, Associate Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: ADOPT the Negative Declaration for Planning Application No. PA97-0030; and ADOPT Resolution No. 97-__ recommending approval of Planning Application No. PA97-0030 to the City Council, based upon the Analysis and Findings contained in the Staff Report and subject to the attached conditions of approval. BACKGROUND This item was continued at the April 21, 1997 Planning Commission hearing. The number of lots covered under the proposed Amendment and Restatement of Development Agreement No. 5 was related to Planning Application No. PA97-0033 (Tentative Tract Map No. 28503). There were inconsistencies between the project density and the densities identified in the Margarita Village Specific Plan. Therefore, Staff recommended Planning Application No. PA97-0033 be continued while the density issues be rectified. Four parcels have been deleted from Planning Application No. PA97-0033 (Tentative Tract Map No. 28503); thereby making it consistent with the Margarita Village Specific Plan. The total number of lots covered under the proposed Amendment and Restatement to Development Agreement No. 5 has been decreased from 309 to 305. Attachments: 3. 4. 5. PC Resolution No. 97- - Blue Page 2 A. Conditions of Approval - Blue Page 6 Ordinance No. 97-__ - Blue Page 8 Planning Commission Staff Report (April 21, 1997) - Blue Page 13 Proposed Amendment and Restatement of Development - Blue Page 14 Exhibit - Blue Page 15 R:'~TAFFRF~30PA97.FC2 4/30/97 mf 1 ATTACHMENT NO. 1 PC RESOLUTION NO. 97- ATrACI-I1VIENT N0. 1 PC RESOLUTION NO. 97- RESOLUTION OF THE PLANNING COMIVIISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL BY THE CITY COUNCIL OF AMRNDIVIENT AND RF-qTATEMENT OF DEVELOPMENT AGREEM~NT NO. 5 BETWREN TH'R CITY OF TE1VIECULA AND BRAMALEA CALIFORNIA, LLC FOR FORTIONS OF TRACT MAPS NO. 23100, 23101, 23103 AND TPM 28503 PROPOSED (FORMERLY TPM 23102), WITHIN SPECIFIC PLAN NO. 199 (PLANNING APPL/CATION NO. PA97-0030) THR PLANNING COMMISSION OF ~ CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the Planning Commission of the City of Temecula has received an application from Bramalea California, LLC for an Amendment and Restatement of Development Agreement No. 5, Specific Plan No. 199, "Margarita Village," Planning Application No. PA97- 0030, (hereinafter "Development Agreement"); and, WIlERE/kS, the Planning Commission held a noticed public hearing on April 21, 1997, on the issue of recommending approval or denial of the Development Agreement; and, WgEREAS, the Planning Commission continued Planning Application No. PA97-0030 at the public heaxing on April 21, 1997 to May 5, 1997; and, WHERFAS, the Planning Commission considered Planning Application No. PA97-0030 on May 5, 1997, on the issue of recommending approval or denial of the Development Agreement. NOW, THRREFORE, ~ PLANNING COMMISSION OF THE CITY OF TEMECULA DOES FIND AS FOLLOWS: Section 1. That the Planning Commission recommends that the City Council adopt and approve the Ordinance approving the Development Agreement, Attachments "A" and "B", respectively, attached hemto and incoxporated herein by this reference, subject to the Conditions of Approval attached hereto as Attachment "C" and incorporated herein by this reference as set forth in full herein. Section 2. That in recommending adoption by the City Council of an Ordinance approving the Development Agreement, the Planning Commission hereby makes the following findings: R:~TAFFRFr~0PA97.PC2 4/29/97 mr 3 (a) The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that the Development Agreement makes reasonable provision for the use of certain real property for residential development and is consistent with the General Plan Land Use Designation of Low- Medium Density Residential; and, (b) The project subject to the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the Specific Plan Zone district in which the Property subject to the Development Agreement is located, and that this Development Agreement is consistent with good planning practices by providing for the opportunity to develop the Property consistent with the General Plan; and, (c) The Development Agreement is in conformity with the public convenience, general welfare, and good land use practice 'because it makes reasonable provision for a balance of land uses compatible with the remainder of the City; and, (d) The Development Agreement will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the pwtection thereof; and, (e) Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public hearing, and mailed or delivered at least ten (10) days prior to the heating to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; and, (f) Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description and text or diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies; and, (g) The Development Agreement complies with the goals and objectives of the Circulation Element of the General Plan and the traffic impacts of the development over the period of the Development Agreement will be substantially mitigated by the mitigation measures and conditions of approval imposed; and, (h) The Development Agreement complies with requirements of the zoning district in which the applicant proposes to develop in that the Low-Medium Density Residential is consistent with the Low-Medium Residential General Plan Land lJse Designation; and, R:~STAFFRFl*~0PA97.1~2 4/29197 mf 4 (i) The benefits that will accrue to the people of the City of Temecula from this legislation and this Development Agreement are as follows: City and Owner acknowledge that development of the Project will result in the 1. Generation of municipal revenue; 2. Construction of public infrastructure facilities; 3. Acceleration of both the timely development of subject property as well as the payment of municipal revenue; 4. Enhancement of quality of life for surrounding residents with the timely development through the elimination of dust and nuisance of partially improved lots; 5. Payment of Public Facility Fees (fire, library, traffic signal mitigation, development and RSA); and, Section 3. The Secretary of the Planning Commission shall cause this Resolution to be transmitted to the City Council for further proceedings in accordance with State law. Seetion 4. PASSED, APPROVED AND ADOPTED this 5th day of May, 1997. 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 5th day of May, 1997, by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary EXHIBIT A CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA97-0030 (Development Agreement) Project Description: An Amendment and Restatement of Development Agreement No. 5 for TM 23100, TM 23101, 23103 end TPM 28503 (proposed - formerly TPM 23102), within Specific Plan No. 199 Approval Date: Expiration Date: PLANNING DEPARTMENT Within Forty-Bght (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Determination with a DeMinimus Finding required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). General Requirements The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Planning Application No. PA97-0030 (Development Agreement) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et see., including but not by the way of limitations Section 21152 and 21167). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. ATTACHMENT NO. 2 ORDINANCE NO. 97- ATTACHMENT NO. 2 ORDINANCE NO. 9% _ AN ORDINANCE OF ~ CITY COUNCIL OF TI-IE CITY OF TEMECULA, CALIFORNIA APPROVING AN AIVIENDMENT AND ]H~.qTATElVIENT OF DEVELOPlVIRNT AGREEMENT NO. S BETWRi~I THE CITY OF TEMECULA AND BRAMALE& CAI.WORNIA, IJC FOR TM 23100, 23103 AND TPM 28503, WITHIN SPECWIC PLAN NO. 199 (PLANNING APPLICATION NO. PA97-0030) WHEREAS, Section 65864 et a~l. of the Government Code of the State of California and Temecula City Resolution No. 91-52 authorize the execution of agreements establishing and maintaining requirements applicable to the development of real property; and, WHEREAS, in accordance with the procedure specified in said Resolution, Bramaiea California, LLC has filed with the City of Temecula an application for a Development Agreement which reflects an amendment and restatement of existing County Development Agreement No. 5 (hereinafter "this Agreement"), of a residential housing suMivision on its property for Tracts 23100, 23101, 23103 and 28503 (305 lots), heroinafter the "Subject Property" which application has been reviewed and accepted for filing by the Community Development Director; and, WHEREAS, notice of the City's intention to consider adoption of this Agreement with Bramalea California, LLC has been duly given in the form and manner required by law, and the Planning Commission and City Council of said City have each conducted public hearings on April 21, 1997 and May 5, 1997 (Planning Commission), and (City Council) at which time it heard and considered all evidence relevant and material to said subject. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. FINDINGS. The City Council hereby finds and determines, with respect to this Agreement by and between the City of Temecula and Bramalea California, LLC, that it: A. Is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's 6eneral Plan in that this Agreement makes reasonable provision for the use of certain ~al property for residential ~velopment consistent with the 6eneral Plan' s land use designation of Low-Medium Density Residential; B. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Subject Property referred to herein is located as this Agreement provides for residential development pursuant to a Specific Plan; R:k~'fAFFRFI~0PA97.PC2 4/29/97 m~ 9 C. Is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City; D. Will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof; E. Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public hearing, and mailed or delivered at least ten (10) days prior to the hearing to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; F. Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description in text or diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies; G. Notice of the public hearing before the City Council was published in a newspaper of general circulation at least ten (10) days prior to the City Council public hearing, mailed at least ten (i0) days prior to the heating to the pwject applicant, to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; H. Notice of the City Council hearing included the date, the time, and place of the public hearing, the identity of the hearing body, the general explanation of the matter to be considered, a general description in text or by diagram of the location of the Property that is the subject of the heating, and the notice of the need to exhaust administrative remedies; I. City Council approved this Agreement by Ordinance based upon evidence and findings of the Planning Commission and new evidence presented at its hearing on this Agreement, giving its reasons therefor and setting their relationship between this Agreement and the General Plan; J. The benefits that will accrue to the people of the City of Temecula from this legislation and this Agreement are as follows: 1. Generation of municipal revenue; 2. Construction of public infrastructure facilities; 3. Acceleration of both the timely development of subject property as well as the payment of municipal revenue; R:~TAFFRPT~OPA97.PC2 4/29/~7 mf l0 4. Enhancement of quality of life for surrounding residents with the timely development through the elimination of dust and nuisance of partially improved lots; and 5. Payment of Public Fac'~ity Fees (fire, library, traffic signal mitigation, development and RSA). Section 2. APPROVAL. This Agreement, attached hereto and incorporated here'm by this reference as Attachment '1" is hereby approved. The Mayor is authorized and directed to evidence such approval by executing this Agreement for, and in the name of, the City of Temecula; and the City Clerk is directed to attest thereto; provided, however, that this Agreement shall not be executed by the City until this Ordinance takes effect and the City has received from the applicant two executed originals of said Agreement. Section 3. SEVERABIIJTY. 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 pans of this Ordinance. Section 4. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 5. 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. The City Clerk shall publish a summaxy of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the ~ne in the office of the City Clerk. R:X~TAFFRFrX30PA~7.PC~ 4/29/97 mf I 1 Section 6. PASSED, APPROVED AND ADOFFED this day of , 1997. Patricia Birdsall, Mayor ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney STATE OF CALIYORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. __ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of ,199_, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 199_, by the following vote, to wit: AYES: COUNCILMEMBERS: NOF~: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk R:',STAFFRPTI30pA97.PC2 4/29197mf 12 ATTACHMENT NO. 3 PLANNING COMMISSION STAFF REPORT APRIL 22, 1997 R:~TAi~RPT~0pA97.PC2 4/29/97 mf 13 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION ORIGINAL April 21, 1997 Planning Application No. PA97-0030 Amendment and Restatement of Devdopmant Agreement No. 5 for portions of TM 23100, TM 23101, TM 23103 and TPM 28503 proposed {formerly TPM 23102), within Specific Plan No. 199 Prepared By: Matthew Fagan, Associate Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: ADOPT the Negative Declaration for Planning Application No. PA97-0030; and ADOPT Resolution No. 97- recommending approval of Planning Application No. PA97-0030 to the City Council, based upon the Analysis and Findings contained in the Staff Report and subject to the attached conditions of approval. APPLICATION INFORMATION APPLICANT: Bramalea California, LLC REPRESENTATIVE: Brian Johnson PROPOSAL: A Request for Approval of an Amendment and Restatement of Development Agreement No. 5 for portions of TM 23100, TM 23101. TM 23103 and TPM 28503 (proposed - formerly TPM 23102), within Specific Plan No. 199 LOCATION: West of Butterfield Stage Road, north of Rancho California Road, east of Meadows Parkway (existing and future) adjacent to La Serena Way EXISTING ZONING: SP (Specific Plan) SURROUNDING ZONING: North: South: East: West: VL (Very Low Density Residential, .2-.4 dwelling units per acre) and LM (Low Medium Density Residential, 3-6 dwelling units per acre) SP (Specific Plan) County of Riverside (A-1-10, R-R) SP (Specific Plan), LM (Low Medium Density Residential, 3-6 dwelling units per acre), PI (Public Institutional) PROPOSED ZONING: N/A GENERAL PLAN DESIGNATION: Low Medium Density Residential (3 to 6 dwelling units per acre) EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: South: East: West: Single Family ResidencesNacant Single Family Residences Single Family Residences/Wineries/Vacant Single Family Residences/Elementary School/Vacant PROJECT STATISTICS Number of Lots: Existing Development Agreement Fee: Proposed Development Agreement Fee: Three hundred-nine (309) $ 5,472.00/Unit $3,590.O0/Unit BACKGROUND On November 7, 1988, Development Agreement No. 5 was executed by the County of Riverside for the Margarita Village Specific Plan (S.P. 199) which included Tracts 23100, 23101, 23102 and 23103. Bramalea California, LLC has approached the City to execute an Amendment and Restatement of this Development Agreement to reduce the Development Agreement fees. PROJECT DESCRIPTION The Amended and Re-Stated Development Agreement ('Agreement") has a duration period of ten (10) years and applies to Tracts 23100, 23101, 23103 and 28503. The Agreement will cover three hundred nine (309) single-family lots. The terms of the Agreement allow for an Interim Public Facilities Fee of $3,590.00 per unit to be paid for the first five (5) years of the Agreement. After this period, the developer will either continue to pay the Interim Public Facility Fee of $3,590.00 or such other Public Facilities Fee adopted by the City for other residential projects. ANALYSIS The existing Development Agreement No. 5 fee includes the following fees: Public Facilities Fee Regional Parkland Fee Habitat Conservation Fee Public Services Offset Fee $2,420.00 $447.00 $332.00 $2.273.00 Total Development Agreement Fee $5,472.00 As a result of the reduction in the Development Agreement Fee, the City will receive $1,109,310.00 (309 lots at $3,590.00 per lot), which might otherwise have not been received due to the project being unable to develop at the higher impact fee. Tentative Tract MU No. 28503 (R-qning Anolication No. PA97-0033) The proposed Amendment and Restatement to Development Agreement No. 5 includes 309 lots. Thirty-seven (37) of these lots are within Tentative Tract Map No. 28503 (Planning Application No. PA97-0033); which is to be considered by the Planning Commission on the same evening as this item. Tentative Parcel Map No. 23102 (TPM 23102) was previously approved at this same location; however the map expired in 1995. Outside of some minor modifications, Tentative Tract Map No. 28503 (Planning Application No. PA97-0033) is essentially the same map as TPM 23102. It is the intent of the Amendment and Restatement to Development Agreement No. 5 to include the area within Tentative Tract Map No. 28503 (Planning Application No. PA97-0033). EXISTING ZONING AND GENERAL PLAN DESIGNATION This project is consistent with the General Plan since the General Plan currently designates the site as Low Medium Density Residential and the approved development project which is implemented by this Development Agreement is consistent with this designation. This project is consistent with Specific Plan No. 199, since the development project which is implemented by this Development Agreement meets all the requirements of this Specific Plan. ENVIRONMENTAL DETERMINATION A Initial Study was prepared for this project and it revealed no significant impacts. Therefore, Staff recommends adoption of a Negative Declaration. SUMMARY/CONCLUSIONS The Amended and Re-Stated Development Agreement ("Agreement") has a duration period of ten (10) years and applies to Tracts 23100, 23101, 23103 and TPM 28503 proposed (formerly TPM 23102). The Agreement will cover three hundred nine (309) single-family lots. The terms of the Agreement allow for an Interim Public Facilities Fee of $3,590.00 per unit to be paid for the first five (5) years of the Agreement. After this period, the developer will either continue to pay the Interim Public Facility Fee of $3,590.00 or such other Public Facilities Fee adopted by the City for other residential projects. As a result of the reduction in the Development Agreement Fee, the City will receive $1,109,310.00 which might otherwise have not been received due to the project being unable to develop at the higher impact fee. FINDINGS The Amendment and Restatement of Development Agreement No. 5 is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that the Development Agreement makes reasonable provision for the use of certain real property for residential development and is consistent with the General Plan Land Use Designation of Low Medium Density Residential. The Amendment and Restatement of Development Agreement No. 5 is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Property subject to the Development Agreement is located as the Development Agreement provides for single family homes. This Development Agreement is consistent with good planning practices by providing for the opportunity to develop the Property consistent with the General Plan. The Amendment and Restatement of Development Agreement No. 5 is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of housing opportunities compatible with the remainder of the City. m The Amendment and Restatement of Development Agreement No. 5 will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof. Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public hearing, and mailed or delivered at least ten (10) days prior to the hearing to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll. Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description and text or by diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies. R:~TAFFRPfL~)PA97.1~CI 4/16/97 mf 4 The Amendment and Restatement of Development Agreement No. 5 complies with the goals and objectives of the Circulation Element of the General Plan. The traffic impacts of the development over the period of the Development Agreement will be substantially mitigated by the mitigation measures and conditions of approval imposed. The Amendment and Restatement of Development Agreement No. 5 complies with requirements of the zoning district in which the applicant proposes to develop in that the Specific Plan zoning of Low Medium Density Residential is consistent with the Low Medium Density Residential General Plan Land Use Designation. The benefits that will accrue to the people of the City of Temecula from this legislation and this Amendment and Restatement of Development Agreement No. 5 are as follows: City and Owner acknowledge that development of the Project will result in: a. Generation of municipal revenue; b. Construction of public infrastructure facilities; Enhancement of the quality of life; including residential opportunities for present and future residents of the City; The opportunity for an adjacent residential-commercial project creating significant job opportunities, sales tax and ad valorem tax revenues for the City; e. Payment of Public Facilities Fees (fire and traffic signal mitigation); and, Participation in special assessment districts to finance City and regional infrastructure improvements. Attachments: PC Resolution No. 97-__- Blue Page 6 A. Conditions of Approval - Blue Page 10 Ordinance No. 97- - Blue Page 12 Initial Environmental Study - Blue Page 17 Proposed Amendment and Restatement of Development Agreement No. 5 - Blue Page 27 Exhibits - Blue Page 28 A. Vicinity Map ATTACHMENT NO. 1 PC RESOLUTION NO. 97- EXHIBIT A CONDITIONS OF APPROVAL R:%STAFF~pA97.PCI 4/14/97m~r l0 ATTACHMENT NO. 2 ORDINANCE N0. 97-__ ATTACHMENT NO. 3 INITIAL ENVIRONMENTAL STUDY CITY OF TEMECULA Environmental Checklist 1. Project Title: I,~ad Agency Name and Address: Contact Person and Phon~ Number: Project Location: Project Sponsor's Nam~ and Address: General Plan Designation: Zoning: Description of Project: Surrounding Lamd Uses and S~ting: 0thor public agencies whose approval planning Application No. PA97-0030 (Amendment and Rest~tffa-nt of IX'velopmmt Agreement No. 5 for portions of TM 23100, TM 23101 and TM 23103) City of T~mecula, 43200 Business Park Drive, Tcm~ala, CA 92590 Matthew Fagan, Associat~ Plam~r (909) 694-6400 C. nmerally located west of Buttertield Stage Koad, north of Rancho California Road, ~ast of Me,~dows Parkway (existing and future) adjacent m La S~rena Way Bramal~a California, LLC 23333 Avenida la Caza Coto ~ Cs~s, CA 92679 LM (Lowam Density R~sidential - 3-6 dwelling units per acre) and VL (Very-low Density 1LL'sidential - .2-.4 dwelling units per acre) SP (Margarita Village Specific Plan) Anmndment and L-'statemant of Development Agreement No. 5 f~ portions of Sp~c'ffic Plan 199 (Margreta Vffiag~ Spec'~ic Plan) Singl~ family r~sidenc~ to the no~h, south, east and west None R:~TAFFRFr~PA97.PCI 4/14~7 mf 1~ ENVIRONMENTAL FACTORS POTENTIALLY A~'FECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Si_~ni~cent Impact" as ind~cau:d by the checklist on the following pages. Land Use and planning Population and Housing Geologic Problems Water Air Q,alii}, Trensportation/Circulation Biological Resources [ ] HA,~rds [ ] Noise [ ] Public Services [ ] Utilities and Service Systems [ ] Aesthetics [ ] Cultural Resources [ ] Recreation [ ] Mandatory Findings of Significan~ DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a si~~nificant on the environment, and a NEGATIVE DECLARATION will be prepared, Signam Printed Name Date R:~TAFFRP~30PA~7.PC1 4114/97 aft 19 ISSUES AND SUPPORTING INFORMATION SOURCES sisnm~ NO 1. LAND USE AND PLANNING. Would the proposal: a. Conflict with general plan designation or z~ing? b. Conflict ~dth applicable environmental plans or policies sdoptai by aga~cics with jurisdiction ove~' the projm? c. Be incompatible with existing land use in the vicinity? soils or fannlands, or impacts from incompatible land uses? e. Disrupt or divide the physical artang~n~t of an eftabli~h~d community (including low-income or min(wity coflmllality)? 2, POPULATION AND HOUSING, Would be proposul: ~ Cumulatively exceed official regional or local population projects? b. Inducesubstanfialgwwthmanareaeith,'rctir¢ctlyor indirectly (e.g. ~hruugh project in an undeveloped area or extension of major infrastructure)? c. Displace existing housing, especially affordable housing? 3, GEOLOGIC PROBLEMS, Would the proposal mull in or expo, e people to potential impam involving.'? a. Faultrupture? b. Seismic ground shaking? c. Seismic ground faihue, including liquefaction? d. Seiche, tstmami, or volcanic hazard? e. Landallde~ or mudflows? f. Erosi~, c.h~ge~ in topography or urntable soft c~nditi~ns fr~n ~avmion, grading or fill? g. Subsidehoe tithe land? h. Expansive soils? I. Unique geologio or physical features? [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [1 [1 [1 [1 [] [] [] [] [] [] [] [] [1 [1 [] [] [] [] [] [] [] R:~TAPFRKU~A97.PCl ~l~s~ ~ 20 sisnln~t NO 4. WATER. Would the proposal result in: a. Changes in absorption rates, drainage patterns, 0¢ the rate snd mount of surface nmofi'? b. Exposure of people or propmy to water related hn,-~,rds such as flooding? Discharge into surface waters or oth~ alteration of surface water quality (e.g. temperature, dissolved oxygen ~ tu:-bidity)? d. Changes in the mount of surface wate~ in any water body? c. Changes in currents, or the course or cllrection ofwate~ movements? Change in the quantity of ground waters, either through direct additions c~ withdrawals, or through intakepriori of an aqtlifea' by ctlts of excavations or throllgh SllbStanfal loss af goundwate~ recharge capability? g. Altered direction or rite of flow of groundwater? I. Substantial reduction in the amount of Foundwate~ otherwise available for public water supplies? 5. AIR QUALITY. Would the proposal: a. Violate any air quality standard or contribute to an existing or projected air quality violation? b, Bxposc sensitive receptors to pollits? c. Alter air movcmcnt~ moisture or temperature, or cause any change in climate? d. Create objectionable odon? TRANSPORTATION/CIRCULATION. Would the proposal ruult in: s. lncrcasc vehicle trips or ffaffic congestion? b. Havards to safety from design features (e.g. sharp curves or dange~'ous intersection or incompatible uses)? [1 [3 [] [1 [1 [] [] [] [] [] [] [1 [] [] [] [] (] () [3 () [] [] [] [] [l [1 [] [] [l [] [] [] [3 [1 [1 [] [] [] [] [] [] [] [] [1 [3 R:XSTAFFRPT~0pA97.PCl 4/14t97 mf Pee~fially No c. lnsdcqualecmergcncyaccessora~ccsstonc~by~ses? d. Insufficient paildug capacily on-site or c~-sitc? e. Hazardsc~bsmcrsforpcdesU'~crbicyclists? £ Cotffiicts with sdoptcd policies supporting alternative lranspo~atinn (e.g. bus turnouts, bicycle racks)? g. Rail, waXcfbomc or alrn'affic impacts? 7. BIOLOGICAL RESOURCES. Would the proposal result in impms to: (including but not limited to plants, fish, insects, animals and birds)? b. Locally designated species (e.g. heritage U'ecs)? coastal habitat, eU:.)? cL Weftand habitat (e.~ marsh, ripman and vernal pool)? e. Wildlifedispersalormigratic~comdors? 8. ENERGY AND MINERAL RESOURCES. Would the proposal: b. Use non-ruxewsl resources in a wssteful and inefficia3t c. Result in ~c loss of availability of a known mineral resource of the State? 9, HAZARDS. Would the proposal involve: subst~ccs (including, but not limited to: oil, pestjokes, b. Possibleinte~wencewithanemergcncyrespomephm c. The ercaticn of any health haTm~t c~ pob:nfial health hazard? [] [] [] [1 [] [1 [] [1 [1 [1 [] [] [] [] [1 [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] NO d. Exposure of people to existing sources of potential health bnTmrds? e. increase fire hm-~ in areas with fl~mrnable brush, 10. NOISE. Would the proposal result in: a. Increase in existing noise levcls? b. Bxposureofpeopletoscverenoisclevcls? 11. PUBLIC SERVICES. Would the propesaJ have an effect upon, or mult in a need for new or altered Ioverment eerviees in any of the following areas: a. Fire prot~cti~m? b. Police protection? c. Schools? d. Maintenance of public facilities, including wads? e. Othe~ governmental services? 12. I~TILI'IIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: Pov~ or natural gas? b. Communications systems? c. Local or regiona~ wator treatment or distributi~m facilities? d. Sewc~ or septic tanks? e. Storm wat~' dr. in. Se? £ Solid waste disposal? g. Loci or reginnal wate~ supplies? 13. AESTHETICS. Would the proposal: a, A,ffectaacenicvistaoracenichi~way? [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [1 [1 [1 [1 [] [] [] [] [] [] [] [] [] [] [] [1 [] [] [] [1 [1 [1 [] [] [] [] [] [] [] R:'~ST.~f~0PA4YT.P,~I ,UI~U97 mf 23 ISSUES AND SUPPORTING INFORMATION SOURCES No b. Have a dcmonsWablc negative acsthctic eff~t? c. ere_-_*- tight or glarc? 14. CULTURAL RESOURCES. Would the proposal: [] [] [] [] [] [] a. Disturb palc~mtological resources7 [ ] [ ] [ ] [X] b. Disturb archaeological resources? [ ] [ ] [ ] c. Affect historical resources? [ ] [ ] [ ] IX] d. Have the potential to cause a physical changc which would aifcct uniquc ethnic cultural vahcs? e. Restrict cxisting rcligious or sacrcd uses within the potential impact area? 15. RECREATION. Would the proposal: b. Affcct existing n:creational opportunities? [] 16. MANDATORY FINDINGS OF SIGNIflCANCL [] [] [] Does the proj~t have thc potential to degrade the quality of the mvironmcmt, subsUmthlly rcducc ~,c habitat of a tO drop below 8elf-81L~l~minin~ levels, threateft to elimln~e a plant or animal community, reduce the number d x~lriot the rnng~ of a rare c¢ endangered plant o~ animal or eliminnt~ important examples of the major periods of California history [] b. Does the Foj~ct have th~ potential to achieve short-term, to the dis,gdvanta~ of ling-re'm, mvimmcntal goals? [ ] [] [] Does thc project have impacts that area individually limited, but cumulatively c,,~4erable? ("Cumulatively considcrable' ~ that the incremental effects of a projectar~comiderablewhamviewedin~mggti~with the dfe~s dpast projells, the effects ofotlgr ourre~ projects, and the e~eCts of probable future proires). [] [] [] [] [] [] [] [] [] [] [) [] [] [] [] [] cL a:~s'r,u, nw~^,7.~cx 4/w9~ ~r 24 17. EAIH,IE, RANALYSES. Envm3mmmtal Imp~t Report No. 202. Imp~ts were adequately addressed. SOURCES 1. City of Temeculs G~m~sl Plan. 2. CityofTeancculaGcncr~PlanFinslEnvironm~tallmp~ctRcpo~ R:~ST~A97.1~CI 4/14/97 mf 25 DISCUSSION OF THE ENVIRONMENTAL IMPACTS The project is an Amendment and Restatement of Development Agreement No. S for portions of Specific Plan No. 199 (Margarita Village). The main amendment to the Development Agreement is reducing the amount of the payment of Public Facility Fees to the City of Temecula. The Amendment and Restatement of Development Agreement No. 5 will not create any impacts upon the environment. The overall project (Specific Plan No. 199 - Margarita Village) was analyzed in Environmental Impact Pepon No. 202. Any mitigation measures recommended in EIK No. 202 will remain applicable to the project. Further, mitigation measures are contained in the conditions of approval for TM_23100, TM23101, TM 23103 and any subsequent extensions of time and/or rephasing of these projects. R:~r,.a~oo~^97.~ci vlv97 at 26 ATTACHMENT NO. 4 PROPOSED AMENDMENT AND RESTATEMENT DEVELOPMENT AGREEMENT NO. 5 ~S'r. AlUqU'm'~301,Ar/.L,,Ci .UI4frY7 m,i' 27 ATTACHMENT NO. 5 EXHIBITS R:~TAFF~r~^97.~ 4/14~r 28 ATTACHMENT NO. 4 PROPOSED AMENDMENT AND RESTATEMENT DEVELOPMENT AGREEMENT NO. 5 R:~TAFFRFX'x30PA97.PC2 4/29/97 mf RECORDED AT THE REQUEST OF WHEN RECORDED RETURN TO City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 (Space Above Line For Recorder's Use) AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT SPECIFIC PLAN NO. 199 PLANNING AREAS 2, 3, 4, 6, 7, 8, 9, 10, 11 and 12 PLANNING APPLICATION NO. PA 97-0030 "MARGARITA VILLAGE" BRAMALEA CALIFORNIA, LLC AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT BETWEEN CITY OF TEMECULA and BRAMALEA CALIFORNIA, LLC This Amendment and Restatement of Development Agreement ("Agreement") is entered into by and among the City ofTemecula, a California Municipal Corporation ("City") and Bramalea California, LLC, a California Limited Liability Company ("Owner"): RECITALS A. Pursuant to California Government Code Section 65864, seq. ("Development Agreement Statutes"), Kaiser Development Company a California Corporation and others and the County of Riverside, California ("County") entered into Development Agreement No. 5 recorded in the Official Records of Riverside County,"California on Novamber 7, 1988, as Instrument No. 325515 ("Development Agreement No. 5"). B. Development Agreement No. 5 encompasses a project formerly located within County approved Specific Plan No. 199 known as "Margarita Village", a mixed use subdivision, (the "Original Project"), to be developed on property which came within the municipal boundaries of the City when the City incorporated on December 1, 1989. This Agreement encompasses only a portion of the Original Project, a residential development located in a portion of Planning Areas 2, 3, 4, 6, 7, 8, 9, 10, 11 and 12 (the "Project"). The balance of the Original Project covered by Development Agreement No. 5 not included within Planning Areas 2, 3, 4, 6, 7, 8, 9, 10, 11 and 12 is not amended or impacted by this Agreement. C. Pursuant to the provisions of the Development Agreement Statutes, the City became the successor-in-interest to the County under Development Agreement No. 5 upon incorporation of the City. Pursuant to Owner obtaining title to the Project as r~eorded in the Official Records of Riverside County, California on June 17, 1996 as Inslxument No. 221922, and pursuant to the provisions of Development Agreemeat No. 5, Owner became successor-in-interest to the "Owner'' described in Development Agreement No. 5. -I- D. Pursuant to Section 65868 of the Development Agreement Statutes, the City and Owner propose to restate and amend Development Agreement No. 5 to substitute this Agreement for Development Agreement No. 5, but only to the extent Development Agreement No. 5 pertains t0 the Project. E. Pursuant and subject to the Development Agreement Statutes, the City's police powers and City Resolution No. 91-52, City is authorized to enter into binding agreements with persons having legal or equitable interest in real property located within the City's municipal boundaries or sphere of influence thereby establishing the conditions under which such property may be developed in the City. F. By entering into this Agreement, City shall bind future Members of the City Council of City by the obligations specified herein and further limit the future exercise of certain governmental and proprietary powers of Members of the City Council. Likewise, Owner shall bind its successors in interest to the obligations specified in the Agreement. G. The terms and conditions of this Agreement have undergone extensive review by the staff of the City, the Planning Commission of the City, and the City Council of City and have been found to be fair, just, and reasonable. H. City finds and determines that it will be in the best interest of its citizens and the public health, safety and welfare will be served by entering into this Agreement. I. All of the procedures and requirements of the California Environmental Quality Act relevant to this Agreement have been met. J. Riverside County Ordinance No. 659, as adopted by the City, establishes public facilities impact fees for residential development within City CRSA Fees"). City requires these revenues to mitigate the impact of development. City requires RSA Fees from development of the Property in order to complete capital projects to mitigate the impact of the Project. K. Development Agreement No. 5 provided for public facilities and services impact fees ("County Development Agreement Fees") higher than the RSA Fees. These higher fees, particularly during the present economic situation, unduly discourage and delay development and thereby prevent City from ever receiving the County Development Agreement Fees or RSA Fees. Consequently, -2- the City is willing to reduce the County Development Agreement Fees for residential development in the Project to a level comparable to the RSA Fees. L. City and Owner acknowledge that development of the Project will result in the generation of municipal revenue, for public infrastructure facilities and the enhancement of the quality of life, including recreation facilities for present and future residents of the City. The benefits to the City and Owner contemplated by development of the Project include: (1) (2) (3) (4) completion of vacant lots in Project; payment of signal mitigation fees; payment of library fees; payment of park fees M. The City and Owner acknowledge that due to the present economic situation, none of these benefits to the City are possible unless the Project proceeds with development. N. City Council of City has approved this Agreement by Ordinance No. adopted on , and effective on ("Effective Date"). On the Effective Date, Development Agreement No. 5 shall bc terminated and of no further force and effect as to the Project only, having been replaced by this Agreement. NOW, THEREFORE in consideration of the above Recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and incorporated herein, the parties agree: 1. Definitions. In this Agreement, unless the context otherwise requires, the following words and phrases shall have the meaning set forth below: 1. I "City" is the City of Temecula. 1.2 "City Public Facility Fee" is an mount to be established by Ordinance of City. 1.3 "County" is the County of Riverside. -3- 1.4 "County Development Agreement Fee" means the County public facilities and services mitigation fee set forth in Section 4.2 of Development Agreement No. 5. 1.5 "Development Exaction" means any requirement of City in connection with or pursuant to any Land Use Regulation or Existing Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.6 "Development Plan" means the Existing Development Approvals.. 1.7 "Effective Date" means the date upon which the Ordinance approving this Agreement becomes effective. Absent a referendum challenge, such date is thirty (30) days following the date the City Council adopted such Ordinance. 1.8 "Existing Development Approval(s)" means those certain development approvals relating to the Property in effect as of the effective date of this Agreement, including, without limitation, the "Existing Development Approvals" listed in Exhibit A, attached hereto and incorporated herein by this reference, which were approved by the County. 1.9 "Existing Land Use Regulations" means those Land Use Regulations listed on Exhibit B, attached hereto and incorporated herein by this reference, which are a matter of public record on the Effective Date of this Agreement. 1.10 "Financing District" means a Community Facilities District formed pursuant to the Mello-Roos Community Facilities Act of 1982 (California Government Code Section 53311 et seq., as amended); an assessment district formed pursuant to Landscaping and Lighting Act of 1972 (California Street and Highways Code Section 22500 et seq. as amended); a special assessment district formed pursuant to the Improvement Act of 1911 (California Streets and Highway Code Section 10102, as amended); or any other special assessment district existing pursuant to Sate law formed for the purpose of financing the cost of public improvements, facilities, services and/or public facilities fees within a specific geographical area of the City. -4- 1.11 "Hazardous Substance" shall include, without limitation, any fiammable explosives, radioactive materials, asbestos, polychlorinated biphenyis, chemicals known to cause cancer or reproductive toxicity, substances described in Civil Code Section 2929.5 (e) (2), as it now exists or as subsequently amended, pollutants, contaminants, hazardous wastes, toxic substances or related materials. Notwithstanding the foregoing, "Hazardous Substances" shall not include substances customarily used in developing, operating or maintaining developments similar to the Project, provided all such substances are used, stored, and disposed of in accordance with all applicable laws. 1.12 "Interim Public Facilities Fee" means the fees set forth in Section 12.2 of this Agreement. 1.13 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations, and official policies of City, governing the development and use of land including without limitation: the permitted use of land; the density or intensity of use; subdivision requirements; the maximum height and size of proposed buildings; the provisions for reservation or dedication of land for public purposes; and the design, improvement, and construction standards and specifications applicable to the development of the Property. "Land Use Regulations" does not include any County or City ordinance, resolution, code, rule, regulation, or official policy, governing: (a) The conduct of businesses, professions, and occupations; (b) Taxes and assessments; (c) The control and abatement of nuisances; (d) The granting of encroachment permits and the conveyance of rights and interest which provide for the use of or the entry upon public property; (e) The exercise of the power of eminent domain. 1.14 "Owner" mcans Bramalea California, LLC, a California Limited Liability Company, and any successor in interest to Bramalea California, LLC. 1.15 "Project" is the development of the Property in accordance with the Development Plan. -5- 1.16 "Property" is the real property described in Exhibit C, attached hereto and incorporated herein by this reference. 1.17 "RSA Fee" means the fee established by County Ordinance No. 659, adopted by City by Ordinance No. 90.04. 1.18 "Subsequent Development Approvals" means all development approvals required subsequent to the Effective Date in connection with development of the Property. 1.19 "Subsequent Land Use Regulation" means any Land Use Regulation applicable to the Property adopted and effective after the Effective Date of this Agreement. 2. Interest of Owner. Owner represents that it has the fee title interest in the Property and that all other persons holding legal or equitable interest in the Property are to be bound by this Agreement. 3. Exhibits. The following documents referred to in this Agreement are attached hereto, incorporated herein, and made a pan hereof by this reference: Exhibit Designation A. B. C. D. Description Existing Development Approvals Existing Land Use Regulations Legal Description of the Property Notice From Mortgagee 4. Term. 4.1 The term of this Agreement shall commence on the Effective Date and shall extend for a period often (10) years thereafter, unless this Agreement is terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto. 4.2 This Agreement shall terminate and be of no force and effect upon the occurrence of the entry of a final judgment or issuance of the final order aRer exhaustion of any appeals, directed against the City as a result of any lawsuit filed against directing the City to set aside, withdraw, or abrogate the approval by the City Council of City of this AgreemenL -6- 5. Assignment. 5.1 Right to Assign. The Owner shall have the right to sell, transfer, or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.. or Riverside County Ordinance No. 460, as the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04,) to any person, partnership, joint venture, firm, or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer, or assignment shall include the assignment and assumption of the rights, duties, and obligations arising under or ~rom this Agreement and be made in strict compliance with the following conditions precedent: (a) No sale, transfer, or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer, or assignment of all or a pan of the Property. Owner agrees to provide specific notice of this Agreement, including the record or document number, where a true and correct copy of this Agreement may be obtained fi'om the Riverside County Recorder, in any grant deed or other document purporting to transfer the title or an interest in the Property during the term of this Agreement or any extension thereof. (b) Concurrent with any such sale, transfer, or assignment, or within fifteen (15) business days thereafter, the Owner shall notify City, in writing, of such sale, transfer, or assignment and shall provide City with an executed agreement, in a form reasonably acceptable to the City Attorney, by the purchaser, transferee, or assignee and providing therein that the purchaser, transferee, or assignee unconditionally assumes all the duties and obligations of the Owner under this Agreement. Any sale, transfer, or assignment not made in strict compliance with the foregoing conditions shall constituted a default by the Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee, or assignee to execute the agreement required by Paragraph (b) of this Subsection, the burdens of this Agreement shall be binding upon such purchaser, transferee, or assignee, but the benefits or this Agreement shall not inure to such purchaser, Iransferee, or assignee until and unless such agreement is executed. 5.2 Release of Transferrin~ Owner. Notwithstanding any sale, transfer, or assignment, a transferring Owner shall continue to be obligated under this Agreement unless such transferring Owner is given a release in writing by -7- City, which release shall be provided by City upon the full satisfaction by such transferring Owner of ALL of the following conditions: (a) The Transferring Owner no longer has a legal interest in all or any part of the Property except as a beneficiary under a deed of trust. (b) The Owner is not then in default under this Agreement. (c) The Owner or purchaser has provided City with the notice and executed agreement required under Paragraph (b) of Subsection 5.1 above. (d) The purchaser, transferee, or assignee has provided City with security equivalent to any security previously provided by the Transferring Owner to secure performance of its obligations hereunder. (e) The Transferring Owner has reimbursed City for any and all City costs associated with Owner's transfer of all or a portion of the Property. 5.3 Termination of Agreement with Respect to Individual Lots upon Sale to Public and Completion of Construction. Notwithstanding Subsection 5. I, or any other provisions of this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (a) The lot has been finally subdivided and individually (and not in "bulk") sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and (b) A Certificate of Occupancy has been issued for a building on a lot, and the fees set forth in this Agreement have been paid. 5.4 Subsequent Assignment. Any subsequent sale, transfer, or assignment after an initial sale, transfer, or assignment shall be made only in accordance with and subje~:t to the terms and conditions of this Section. 6. Mortgagee Protection. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, fi'om encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed ofh-ust, or other security device securing financing with -8- respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with the Owner and representatives of such lenders to negotiate in good faith any such requested interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Owner shall reimburse City for any and all of City's reasonable costs associated with the negotiations, interpretations, and modifications within thirty (30) days of receipt of an invoice from City. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee has submitted a request in writing, in the form as attached hereto as Exhibit D, attached hereto and incorporated herein by this reference, to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the Owner in the performance of the Owner's obligations under this Agreement. (c) If City timely receives a request from a Mortgagee, in the form set forth on Exhibit D, attached hereto and incorporated herein by this reference, requesting a copy of any notice of default given to the Owner under the terms of this Agreement, City shall endeavor to provide a copy of that notice of default to the Mortgagee within ten I0 days of sending the notice of default to the Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. City shall have no liability for damages or otherwise to Owner, Owner's successor, or to any Mortgagee or successor thereof for the failure to provide such notice. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed -9- in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of the Owner's obligations or other affu'mative covenants of the Owner hereunder, or to guarantee such performance, provided however, that to the extent that any covenant to be performed by Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 5.1 of this Agreement. The term of the Agreement shall not be extended based on the fact that a Mortgagee holds title to the Property for all or any .part of the term of this Agreement. (e) Any Mortgagee who comes into possession of the Property, or any portion thereof, pursuant to subsection (d) above and who elects not to assume the obligations of the Owner set forth herein shall not be entitled to any rights to develop which have or may have vested as a result of this Agreement. 7. Bindin~ Effect of A~reement. The burdens of this Agreement bind and the benefits of the Agreement inure to the successors-in-interest to the parties to it in accordance with the provisions of and subject to the limitations of this Agreement. 8. Proiect as a Private Undertaking/Relationship of Parties. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is an independent contracting entity with respect to the terms, covenants, and conditions contained in this Agreement. No partnership, joint venture, or other association of any kind is formed by this Agreement. The only relationship between City and Owner is that of a government entity regulating the development of private property and the owner of such property. 9. Changes in Project. No change, modification, revision, or alteration of Existing Development Approvals may be made without the prior approval of the City. City may expand the permitted uses for the Property without amending this Agreement so long as Owner or Owner's successor retains his/her/their existing entitlements. 10. Timing of Development. The parties acknowledgc that Owner cannot at this time predict whcn, or the rate at which thc Property will bc - 10- developed. Such decisions depend upon numerous factors which are not within the control of Owner, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarilio, 37 Cal.3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties, it is the parties intent to cure the deficiency by acknowledging and providing that the Owner shall have the right to develop the property in such order, at such rate, and at such times as the Owner deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements se forth in the Development Plan. 1 I. Indenmitv and Cost of Litigation. 11.1 Hold Harmless. Owner agrees to and shall hold City, its officers, employees, agents, and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of the Owner or those of its contractor, subcontractor, employee, agents, or other person acting on its behalf which relate to the Project, regardless of whether or not City prepared, supplied, or approved plans or specifications for the Project. This indemnification requirement shall survive the termination or expiration of this Agreement. 11.2 County Litigation Concerning Agreement. In the event the County seeks to challenge the right of City and Owner to enter into this Agreement or to terminate Development Agreement No. 5, and institutes an action, suit, or proceeding to challenge this Agreement or invalidate and/or enjoin the enforcement of this Agreement or the termination of Development Agreement No. 5, City and Owner agree to cooperate and participate in a joint defense in any action against the parties, their officers, employees, and agents, from and against any and all such obligations, liability, suit, claim, loss, judgment, or lien resulting from such action (s) brought by County, (but excluding actions to expunge any lis pendens) and to share the costs associated with attorneys fees and costs that the parties may incur as the result of any such action or lawsuit to challenge City and/or Owner's legal authority to enter into this Agreement and/or terminate Development Agreement No. 5. If the County action is against all impacted developments for which the City has lowered the otherwise applicable County fees, then Owner's defense costs herein shall be its pro rata share among all impacted landowners based on a ratio of contribution of the total units owned by Owner which are subject to this Agreement compared to the total number of units -11- within the City in which City has lowered the County fees and which are included in such legal challenge. If the County action is only against Owner with respect to this Agreement, then Owner's defense costs shall be one-hundred percent (100%) of the attomeys fees and costs for defense of the litigation. City and Owner shall mutually agree on legal counsel to be retained to defend any such action(s) brought by the County as herein provided. City and Owner each reserve the right to withdraw from the defense of the County litigation in the event the County prevails at the trial level and there is an appeal. If either party withdraws after the trial and there is an appeal, the remaining party shall pay all the costs and fees associated with the appeal. 11.3 County Litigation Conceming A~reement - Damages. In the event the County prevails in any legal action or other proceeding to challenge, set aside, or enjoin the enforcement of this Agreement and the amendment of Development Agreement No. 5, damages (including the difference in the amount of any Interim Public Facilities Fee paid by Owner to City pursuant to the terms of this Agreement and the amount of the County Development Agreement Fee) shall be the responsibility of Owner. To the extent Owner has paid Interim Public Facilities Fees to City which are adjudicated to lawfully belong to the County, City shall pay such sums to County and Owner shall be liable for the payment of the difference between the County Development Agreement Fee reduced by the amount paid by the City. 11.4 County Prevails in Litigation - Severability. In the event the County prevails at the trial court level against the City or the Owner as described in Section 11.2 of this Agreement, the amount of the Interim Public Facilities Fee or the City Public Facilities Fee, as the case may be, shall revert to the amount of the County Development Agreement Fee in effect at the time of entry of the final judgment in favor of the County, or such lesser amount as determined by the court. In the event this Agreement is held to be invalid or unenforceable by a trial court of comPetent jurisdiction, the provisions set forth in Sections 12.2 and 12.3 of this Agreement shall no longer be enforceable and from the date of the final judgment or ruling of invalidity, Owner shall thereafter pay the County Development Agreement Fee as provided in Section 4.2 of Development Agreement No. 5, or such lesser amount as determined by the court. All other provisions of this Agreement shall remain valid and enforceable notwithstanding the ruling of invalidity. 11.5 Third Party Litigation Concerning A~remcnt. Owncr shall indcamify, protect, defend, at its expense- including attomcy's fees; and hold - 12- harmless City, its officers, employees, or agents against any loss, cost expense, claim, or counter-claim, complaint, or proceeding to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement brought by a third party other than the County. City shall promptly notify Owner of any such claim, action, or proceeding and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, or proceeding, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such claim, action, or proceeding. 11.6 Environmental Assurances. Owner shall indemnify, protect, defend with counsel approved by City, and hold harmless City, its officers, employees, agents, assigns, and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damages, punitive damages, injuries, costs, response, remediation, and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interests, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enfoming this indemnity) of any kind whatsoever paid, incurred, or suffered by, or asserted against, City or its officers, employees, or agents arising from or attributable to any repair, cleanup, or detoxifieation, or preparation and implementation of any removal, remedial, response, closure, or other plan ( regardless of whether undertaken due to governmental action ) concerning a Hazardous Substance or hazardous wastes at any place within the property which is the subject of this Agreement. The foregoing indemnity extends beyond the term of this Agreement and is intended to operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation, and Liability Act, CCERCLA"), 42 U.S.C. Section 9667(e), and California Health and Safety Code Section 25364, and their successor statutes, to insure, protect, hold harmless, and indemnify City fxom liability. 11.7 Release. Except for nondamage remedies, Owner, for itself, its successors and assignees, hereby releases the City, its officers, agents,and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liabili~ known or unknown, present or future, including, but not limited to, any claim or hhbility, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the FiRh Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other - 13- liability or damage, whatsoever, upon the City because it entered into this Agreement or because of the terms of this Agreement. 11.8 Reservation of Ri~,hts. With respect to Sections 11.1 through 11.7 herein, City reserves the fight to either (1) approve the attorney(s) which Owner selects, hires, or otherwise engages to defend City hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, the Owner shall reimburse City forthwith for any and all reasonable expenses incurred for such defense, including attomey's fees, upon billing and accounting therefor. 11.9 Survival. The provisions of this Section 11.1 to 11.9, inclusive, shall survive the termination of this Agreement. 12. Public Benefits, Public Improvements and Facilities. 12.1 Intent. The parties acknowledge and agree that this Agreement confers private benefits on the Owner which should be balanced by commensurate public benefits. Accordingly, the p0xties intend to provide consideration to the public to balance the private benefits conferred on the Owner by providing more fully for the satisfaction of the public needs resulting from development of the Project. 12.2 Interim Public Facilities Fee. (a) In lieu of the County Development Agreement Fee, RSA Fee or City Public Facility Fee, for a period of five (5) years commencing on the Effective Date, Owner shall pay an Interim Public Facilities Fee of Three Thousand Five Hundred and Ninety Dollars ($3,590.00) per dwelling unit inclusive of Street Improvement Fees, Traffic Signalization Fees, Fire Protection Fees, Parks and Recreation Fees and Library Fees. The Interim Public Facilities Fee shall be paid as provided in Section 12.3 below. At the conclusion of the five (5) year period, Owner shall either continue to pay the Interim Public Facilities Fee of Three. Thousand. Five. Hundred and Ninety Dollars ($3,590.00) per dwelling or such other public facilities fee as the City has then enacted and applied to residential development projects in the City. Owner expressly acknowledges the existence and holding in the case of Kaufxnan and Broad Central Valley. Inc. v. City of Medesto. (1994), 25 Cal.App.4th 1577, as it applies to later adopted fees, Owner hereby waives for hintself, and for any successor thcreto, the right to challenge thc validity or amount of any such other - 14- public facilities fees which are enacted and applied to residential development projects in the City. Such waiver applies to the Project after the first five (5) years of this Agreement. Owner acknowledges and agrees that City would not have entered into this Agreement if its application or operation would limit in any way the City's ability to develop and apply a Comprehensive Public Facilities Fee Program to this Project following the first five (5) years of the term of this Agreement. Owner further acknowledges and agrees that the waiver provided herein applies not only to this Agreement, but to any rights Owner may have under any vesting map filed and deemed complete under the vesting maps statutes, Government Code Section 66498.1 .et seq.. Finally, Owner agrees that the institution of any legal action by Owner, or any successor thereof, to challenge the validity, amount, or application of any public facilities fee after the first five (5) years of this Agreement, including paying such fees "under protest" pursuant to Government Code Section 66020 et seq., shall constitute a material breach and default under this Agreement entitling the City to summary termination hereof. (b) The fees required by paragraph (a) shall be adjusted annually during the term of this Agreement on the anniversary of the Effective Date in accordance with the changes in the Consumer Price Index for All Urban Consumers in the Los Angeles-Anaheim-Riverside Area (hereinafter CPI) published monthly by the U.S. Bureau of Labor Statistics. The annual adjustment shall be calculated in the following manner: (i) Divide the CPI for month and year of the Effective Date into the CPI for the month immediately preceding the anniversary in which the fees are to be adjusted. (ii) Multiply the quotient obtained by the calculation in sub-paragraph (i) above times the fees. (iii) The result of the multiplication obtained in sub- paragraph (ii) above shall constitute the fees payable during the succeeding year. If the CPI specified herein is discontinued or revised during the term of this Agreement, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would have been obtained if the CPI had not been discontinued. In no event shall the fees be less than the fees set forth in paragraph (a) of this Section 12.2. -15- 12.3 Timing. Collection of any and all Interim Public Facilities Fees and/or City Public Facilities Fees, if any, required to be paid by Owner pursuant to this Agreement shall be deferred until such time as a certificate of occupancy has been obtained for the first production home built on the Property. Thereafter, the Interim Public Facilities Fees and/or City Public Facilities Fees, if any, shall be paid at the time issuance of building permits for each residential unit constructed on the Property. Collection of any and all Interim Public Facilities Fees and/or City Public Facilities Fees paid by the Owner for all home units paid prior to adoption of the Agreement in surplus to those fees contained herein shall be credited to Owner. 12.4 Other Anplicable Fees. (a) Owner shall also pay all other customary and typical development exactions, for a project of this size and nature, in existence as of the Effective Date and throughout the term of this Agreement, not included in the Interim Public Facilities Fee, pursuant to provisions of City ordinances and resolutions in existence when paid. (b) The parties hereto agree that to the extent the applicable Steven's Kangaroo Rat and drainage fees have not been paid prior to the execution of this Agreement by both parties, those fees remain applicable to the Project. 12.5 Public Works. If Owner is required by this Agreement or any other obligation, to construct any public works facilities which will be dedicated to City or any other public agency upon completion, and if required by applicable laws to do so, Owner shall perform such work in the same manner and subject to the same requirements as would be applicable to City or such other public agency should it have undertaken such conswuction. 13. Reservation of Authority. 13.1 Limitations, Reservations, and Exceptions, Notwithstanding any other provision of the Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property: (a) Processing fees and charges imposed by City to cover the estimated actual costs to City of processing applications for Subsequent Development Approvals. - 16- (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure. (c) Regulations imposing Development Exaction's; provided, however, that no such subsequently adopted Development Exaction's shall be applicable to development of the Property unless such Development Exaction's are applied uniformly to development throughout the City. (d) Regulations governing construction standards and specifications including without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Fire Code. (e) Regulations which are NOT in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (f) Regulations which are in conflict with the Development Plan, provided Owner has given written consent to the application of such regulations to development of the Property. 13.2 Subsequent Develonment Approvals. This Agreement shall not prevent City, in acting on Subsequent Development Approvals, from applying the Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent City from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing or Subsequent Land Use Regulations not in conflict with the Development Plan. 13.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations. In that event, however, this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. - 17- 13.4 Retaliation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City possess authority to regulate aspects of the development Of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies. 13.5 Tentative Tract Map Extension. Pursuant to the provisions of Section 66452.6 of the Government Code, the tentative subdivision map(s) or tentative parcel map(s) (vested or regular) approved as a part of implementing the Development Plan shall be extended to expire at the end of the term of this Agreement. 13.6 Vestin~ Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with the development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410, et seq.) and Riverside County Ordinance No. 460, as the same were incorporated by reference into the Temecula Municipal code by Ordinance No. 90-04, and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to the Owner, then and to that extent the rights, obligations, and protections afforded the Owner and City respectively, under the laws and ordinances applicable m vesting maps shall supersede provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over conflicting provisions of law or ordinances concerning vesting maps. 14. Development of the Property. Vesting. Termination of Development Agreement No. 5 14.1 Rights to Develop. Subject to the terms of this Agreement, including payment of the Interim Public Facilities Fee, the Owner shall have a vested right to develop the Property in accordance with, and to the extent of the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and siz~ of proposed buildings, and provisions for reservation and dedication of land for - 18- public purposes shall be those set forth in the Development Plan. In exchange for the vested right to develop pursuant to this Agreement, Owner expressly waives for himself and for any successor thereto, the right to challenge or contest the validity of any condition of appruval attached to .any entitlement which is a part of the Development Plan. 14.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, including the payment of the Interim Public Facilities Fee, the rules, regulations, and official policies governing permitted uses of the Property, the density and intensity of nse of the Property, the maximum height size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be Existing Land Use Regulations. City shall exercise its lawful reasonable discretion in eouneetion with Subsequent Development Approvals in accordance with the Development Plan, and as provided by this Agreement including, but not limited to, payment of the Interim Public Facilities Fee and/or the City Public Facilities Fee, as the case may be. City shall accept for processing, review, and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters. City may, at the request of Owner, contract for planning and engineering consultant services to expedite the review and processing of Subsequent Development Approvals, the cost of which shall be borne by Owner. 14.3 Changes and Agreements. The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development approvals. In the event the Owner finds that a change in the Existing Development Approvals is necessary or appropriate, the Owner shall apply for a Subsequent Development Approval to effectuate such change. If approved, any such change in the Existing Development Approvals shall be incorporated herein as addendum to this Agreement and may be further changed from time to time as provided in this Section. Owner, shall, within thirty (30) days of written demand by City, reimburse City for any and all reasonable costs, associated with any amendment or change to this Agreement that is initiated by Owner or Ownees successor - without regard to the outcome of the request for amendment or change to this Agreement. Unless otherwise required by law, as determined in City's reasonable discretion, a change to the Existing Development Approvals shall be deemed "minor" and not require an amendment to this Agreement pwvided such a change does not: - 19- (a) Alter the permitted uses of the Property as a whole, except as provided in Section 9 hereof; or, (b) Increase the density or intensity of use of the Property as a whole; or, (C) Increase the maximum height and size of permitted buildings; (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or, (e) Constitute a project requiring a subsequent or a supplemental Environmental Impact Report pursuant to Section 21166 of the Public Resources Code. 14.4 Minimum Unit Size. Owner agrees that the units to be constructed on the Property shall be a minimum of two thousand (2,000) square feet in size. 14.5 Termination of Development A~reement No. 5. Both City and Owner agree that on the Effective Date of this Agreement, Development Agreement No. 5 shall be terminated and of no further fome or effect as to this Project only, having been replaced by this Agreement. 15. Periodic Review of Compliance with A~reement. (a) Pursuant to City Resolution No. 91-52, as it may be subsequently mended, City shall review this Agreement at least once during every twelve (12) month period from the Effective Date of this Agreement. The Owner or successor shall reimburse City for the reasonable and necessary costs of this review, within thirty (30) days of written demand from City. (b) During each periodic review by City, the Owner is required to demonstrate good faith compliance with the terms of this Agreement. The Owner agrees to fumish such evidence of good faith compliance as City in the exercise of its discretion may require. - 20 - 16. Financing District. Upon the request of Owner, the parties shall cooperate in exploring the use of special assessment dislxicts and other similar Financing Districts for the financing of the construction, improvement, or acquisition of public infrastructure, facilities, lands, and improvements to serve the Project and its residents, whether located within or outside the Property. It is acknowledged that nothing contained in this Agreement shall be construed as requiring City or City Council to form such a dislxict or to issue or sell bonds. 17. Agreement or Cancellation of Agreement. This Agreement may be amended or canoeled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Sections 65868. If an amendment is requested by the Owner or its successor, the Owner/successor agrees to pay City any Development Agreement processing fee then in existence as established by City Council Resolution, or if no such fee is established, to reimburse City for the actual and reasonably necessary costs of reviewing and processing the Agreement within thirty (30) days of written demand from City -- without regard to City's action on such amendment. 18. Enforcement. Unless amended or canceled as herein provided, this Agreement is enforceable by any party to it, notwithstanding a change in the applicable general or specific plan, zoning, subdivision, or building regulations adopted by the City. 19. Events of Default. Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: (a) Ifa warranty, representation, or statement made or fumished by Owner to City is false or proves to have been false in any material respect when it was made; (b) More than fon'y~~ve (45) days have passed since City's making of a written request to Owner for payment or reimbursement for a fee or service authorized or agreed to pursuant to this Agreement. (c) A finding and determination by City that upon the basis of substantial evidence the Owner has not complied in good faith with one or more at the terms or conditions of this Agreement. -21 - 20. Procedure Upon Default. (a) Upon the occurrence of an event of default, City may terminate or modify this Agreement in accordance with the procedure adopted by the City. (b) City does not waive any claim of defect in performance by Owner implied if on periodic review the City does not propose to modify or terminate this Agreement. (c) a third person. Non-performance shall not be excused because of a failure of (d) Non-performance shall be excused only when it is prevented or delayed by acts of God or an emergency declared by Governor. (e) All other remedies at law or equity which are not otherwise provided for in this Agreement or in City's regulations governing development agreements are available to the parties to pursue in the event there is a breach. 2 I. Remedies. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City, and its officers, employees and agents, shall not be liable in damages to Owner or to any assignee, transferee of Owner, or any other person, and Owner covenants not to sue for claim any damages for breach of that Agreement by City. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof. Owner, for himself or any successor thereto, expressly waives the fight to seek damages against the City or any officer, employee or agent thereof, for any default or breach of this Agreement. 22. Attomev's Fees and Costs. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and court costs. 23. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail postage prepaid and presumed delivered upon actual re~ipt by personal delivery or within three - 22 - (3) days following deposit thereof in United States Mail. Notice required to be given to City shall be addressed as follows: To City: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Arm: City Clerk With a copy to: Peter M. Thorson, City Attorney Richards, Watson & Gershon A Professional Corporation 333 So. Hope Street, 38th Floor Los Angeles, CA 90071-1469 Notices required to be given to Owner shall be addressed as follows: To Owner: Bramalea California, LLC 23333 Avenida la Caza Coto de Caza, CA 92679 ATTN: Emile Hadda, Senior Vice President A party may change the address by giving notice in writing to the other party in the manner provided for herein, and thereaRer notices shall be addressed and transmitted to the new address. 24. Cooperation. City agrees that it shall accept for processing and promptly take action on all applications, provided they are in a proper form and acceptable for required processing for discretionary permits, tract or parcel maps, or other land use entitlement for development of the Project in accordance with the provisions of this Agreement. City shall cooperate with Owner in providing expeditious review of any such applications, permits, or land use entitlement and, upon request and payment of any costs and/or extra fees associated therewith by Owner, City shall assign to the Project planner(s), building inspector(s), and/or other staff personnel as required to insure the timely processing and completion of the Project. 25. Miscellaneous Provisions. 25.1 Recordation of Am'eement. This Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by - 23 - the City Clerk within the period required by Section 65868.5 of the Government Code. 25.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants snail be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 25.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforeeable, this entire Agreement shall be null and void and of no force and effect whatsoever. 25.4 Interpretation and Govemin~ Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 25.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 25.6 Singular and Plural. As used herein, the singular of any word includes the plural. 25.7 Joint and Several Obligations. If at any time during the term of this Agreement the Property is owned, in whole or in part, by more than one Owner, all obligations of such Owners under this Agreement shall be joint end several, and the default of any such Owner shall be the default of all such Owners. Notwithstanding the foregoing, no Owner of a single lot which has been finally subdivided and sold to such Owner as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof. 25.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 25.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist end demend strict complience by the other party with the terms of this Agreement thereafter. 25.10 No Third Party Beneficiaries. This Agreement is made end entered into for the sole protection end benefit of the parties end their successors end assigns. No other person shall have eny right of action based upon eny provision of this Agreement. 25.11 Force Maieurc. Neither party shall be deemed to be in default where failure or delay in performonce of eny of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, rites, wars, riots or similar hostilities, strikes end other labor difficulties beyond the party's control, (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. If eny such events shall occur, the term of this Agreement end the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performonce, provided that the term of this Agreement shall not be extended under any circumstances for more then five (5) years. 25.12 Mutual Covenents. The covenants contained herein are mutual coyorients end also constitute conditions to the concurrent or subsequent performonce by the party benefited thereby of the covenents to be performed hereunder by such bene~ted party. 25.13 Suocessors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in o 25 - interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants rmming with the land. Each covenant to do or refrain ~'om doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 25.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 25.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by an party hereto for the purpose of enfoming, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Riverside, State of California, and the parties hemto waive all provisions of law providing for the filing, removal or change ofvenue to any other court. 25.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 25.17 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain. 25.18 Agent for Service of Process. In the event owner is not a resident of the State of Califoruia or it is an association, partnership or joint venture without a member, partner or joint venmrer resident of the State of California, or it is a foreign corporation, then in any such event, Owner shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of Califoruia, giving his or her name, residence and business addresses, as its agent for the purpose of service of process - 26 - in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process out of this County and such service shall constitUte valid service upon owner. Owner is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. 26. Authority to Execute. Each party hereto expressly warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation, partnership, business entity, or governmental entity and warrants and represents that he/she/they has/have the authority to bind his/her/their entity to the performance of its obligations hereunder. IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto. "City" City of Temecula Attest: By: Karel F. Lindemans, Mayor June S. Greek, City Clerk Approved as to form: Peter M. Thorson, City Attorney [Notary Required] "Owner" Bramalea California, LLC, a California Limited Liability Company By: Bramalea California Inc., Manager By: Emile K. Haddad Senior Vice President - 27 - ALL PURPOSE ACKNOWLEDGMENT State of California ) County of ) On appeared ,1996, before me, , personally [] [] personally known to me -OR- proved to me on the basis of satisfactory evidence be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) act executed the instrument. Wimess my hand and official seal. SIGNATURE OF NOTARY CAPACITY CLAIIvIED BY SIGNER D El INDIVIDUAL(S) OFFICER(S) (TITLE[S]): [1 [] D D [] [] PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER: Chairperson SIGNER IS REPRESENTING: Name of person(s) or entity(ies) - 28 - EXHIBIT A EXISTING DEVELOPMENT APPROVALS General Plan - Low-Medium Density Residential Specific Plan - County of Riverside Ordinance No. 460, Specific Plan No. 199 (Margarita Village) Plannin~ Application No. - PA94-0078, PA94-0079 and PA94-0080 Land Divisions - Final Tract Map No. 23100-1 Final Tract Map No. 23101-2 Tentative Tract Map No. 23100 Tentative Tract Map No. 23101 Tentative Tract Map No. 23103 Tentative Tract Map No. 28503 EXHIBIT B EXISTING LAND USE REGULATIONS General Plan Land Use designation is Low-Medium Density Residential. Specific Plan 199 (Margarita Village) EXHIBIT C LEGAL DESCRIPTION THE LAND IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF TEMECULA AND IS DESCRIBED AS FOLLOWS: PARCEL A: LOTS 35 THROUGH 38, INCLUSIVE, 60 THROUGH 63, INCLUSIVE, AND LOT 75 OF TRACT 23100-1, AS SHOWN BY MAP ON FILE IN BOOK 214 PAGES 5 THROUGH 11 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPTING THEREFROM ALL MINERAL, OIL AND GAS RIGHTS BELOW THE DEPTH OF 500.00 FEET BELOW THE SURFACE OF SAD LAND WITHOUT THE RIGHT OF SURFACE ENTRY AS RESERVED BY KAISER DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION, IN DEED RECORDED NOVEMBER 13, 1987 AS INSTRUMENT NO. 326397 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCELB LOTS 8 THROUGH 55, INCLUSIVE, AND LOT 109, ALL OF TRACT No. 23101~2, IN THE CITY OF TEMECULA. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN PER MAP ON FILE IN BOOK 228 OF MAPS. PAGES 15 THROUGH 21, INCLUSIVE. OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPTING THEREFROM ALL MINERAL, OIL. AND GAS RIGHTS BELOW THE DEPTH OF 500.00 FEET BELOW THE SURFACE OF SAID LAND WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED BY KAISER DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION, IN DEED RECORDED NOVEMBER 13, 1987. AS INSTRUMENT No. 326397, OF OFFICIAL RECORDS OF SAID COUNTY, AND AS DEEDED TO MIDLAND INVESTMENT CORPORATION IN DOCUMENT RECORDED APRIL 15, 1988, AS INSTRUMENT No. 99500, OF OFFICIAL RECORDS OF SAID COUNTY. C-I CHARDONNAY HILLS PARCEL C PARCEL I OF PARCEL MAP No. 22554, IN THE C1TY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN PER MAP ON FILE IN BOOK 147 OF PARCEL MAPS, PAGES 94 THROUGH 98, INCLUSIVE, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; TOGETHER WITH A PORTION OF THE PROPERTY, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED IN "PARCEL A" OF THE DOCUMENT RECORDED MARCH 25, 1970, AS INSTRUMENT No. 27617 (SAID INSTRUMENT BEING REFERENCED AS "INSTRUMENT No. 27167" IN THE HEREINBELOW-MENTIONED DEED), OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID PORTION BEING ALL THAT PROPERTY CONVEYED BY DEED RECORDED MAY 11, 1994. AS INSTRUMENT No. 193985, OF OFFICIAL RECORDS OF SAID COUNTY; TOGETHER WITH A PORTION OF THE PROPERTY, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED IN THE DOCUMENT RECORDED APRIL 11, 1989, AS INSTRUMENT No. 113880, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID PORTION BEING ALL THAT PROPERTY CONVEYED BY DEED RECORDED APRIL 23, 1990, AS INSTRUMENT No. 146747, OF Ot-t'ICIAL RECORDS OF SAID COUNTY; EXCEPTING THEREFROM ALL OF TRACT No. 23100-1, AS SHOWN PER MAP ON FILE IN BOOK 214 OF MAPS, PAGES 5 THROUGH l l, INCLUSIVE, OF OFFICIAL RECORDS OF SAID COUNTY; ALSO EXCEPTING THEREFROM ALL OF TRACT No. 23100-2, AS SHOWN PER MAP ON FILE IN BOOK 214 OF MAPS, PAGES 12 THROUGH 15, INCLUSIVE, OF OFFICIAL RECORDS OF SAID COUNTY; ALSO EXCEPTING THEREFROM ALL OF TRACT No. 23100-3, AS SHOWN PER MAP ON FILE IN BOOK 222 OF MAPS, PAGES 44 THROUGH 49, INCLUSIVE OF OFFICIAL RECORDS OF SAID COUNTY; ALSO EXCEPTING THEREFROM ALL OF TRACT No. 23101-I, AS SHOWN PER MAP ON FILE IN BOOK 218 OF MAPS, PAGES 31 THROUGH 34, INCLUSIVE, OF Ot-t-xCIAL RECORDS OF SAID COUNTY; C-2 CHARDONNAY HILLS ALSO EXCEPTING THEREFROM ALL OF TRACT No. 23101-2, AS SHOWN PER MAP ON FILE IN BOOK 228 OF MAPS, PAGES 15 THROUGH 21, INCLUSWE, OF OFFICIAL RECORDS OF SAID COUNTY; ALSO EXCEPTING THEREFROM ALL OF TRACT No. 23100-4, AS SHOWN PER MAP ON FILE IN BOOK 249 OF MAPS, PAGES 57 THROUGH 60, INCLUSIVE, OF OFFICIAL RECORDS OF SAID COUNTY; ALSO EXCEPTING THEREFROM ALL OF TRACT No. 23101-3, AS SHOWN PER MAP ON FILE IN BOOK 249 OF MAPS, PAGES 61 AND 62, OF OFFICIAL RECORDS OF SAID COUNTY; ALSO EXCEPTING THEREFROM ALL OF TRACT No. 23103-1, AS SHOWN PER MAP ON FILE IN BOOK 252 OF MAPS, PAGES 29 THROUGH 31, INCLUSIVE, OF OFFICIAL RECORDS OF SAID COUNTY; ALSO EXCEPTING THEREFROM THOSE PORTIONS CONVEYED BY DEEDS RECORDED NOVEMBER 17, 1989, AS INSTRUMENT Nos. 403924, 403925, 403926, AND 403927, ALL OF OFFICIAL RECORDS OF SAID COUNTY; ALSO EXCEPTING THEREFROM THOSE PORTIONS CONVEYED BY DEEDS RECORDED OCTOBER 13, 1994, AS INSTRUMENT Nos. 394940, 394941, AND 394942, ALL OF OFFICIAL RECORDS OF SAID COUNTY; ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED IN "PARCEL A" OF THE GRANT DEED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA RECORDED DECEMBER 13, 1967, AS INSTRUMENT No. 109720, OF OFFICIAL RECORDS OF SAID COUNTY; ALSO EXCEPTING THEREFROM ALL MINERAL, OIL, AND GAS RIGHTS BELOW THE DEPTH OF 500.00 FEET BELOW THE SURFACE OF SAID LAND WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED BY KAISER DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION, IN DEED RECORDED NOVEMBER 13, 1987. AS INSTRUMENT No. 326397, OF OFFICIAL RECORDS OF SAID COUNTY, AND AS DEEDED TO MIDLAND INVESTMENT CORPORATION IN DOCUMENT RECORDED APRIL 15, 1988, AS INSTRUMENT No. 99500, OF OFFICIAL RECORDS OF SAID COUNTY. C-3 CHARDONNAY HILLS PARCEL D TENTATIVE TRACT NO. 28503 BEING A SUBDIVISION OF THE FOLLOWING: PORTION OF PARCEL ! OF PARCEL MAP NO. 22554. AS SHOWN BY MAP ON FILE IN BOOK 147 PAGE(S) 94 THROUGH 98, INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN ON SAID PARCEL MAP ON THE CENTERLINE OF "LA SERENA WAY'' DESCRIBED ON SAD PARCEL MAP AS "NORTH 71° 08' 38" EAST 1124.10 FEET'; THENCE ALONG SAID CERTERLINE SOUTH 71° 08' 38" WEST 1124.10 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 2000.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7° 40' 53" AN ARC DISTANCE OF 268.13 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID PARCEL 1; THENCE LEAVING SAID CENTERLINE NON-TANGENT PROM SAID CURVE ALONG SAID BOUNDARY OF PARCEL I NORTH 26° 32' 15" WEST 472. l0 FEET; THENCE CONTINUING ALONG SAID BOUNDARY THE FOLLOWING SEVEN COURSES NORTH 63° 49' 07" EAST 112.13 FEET, NORTH 58° 41' 1 I" EAST 389.65 FEET, NORTH 47° 43' 00" EAST 150.14 FEET, NORTH 40° 12' 06" EAST 149.88 FEET, NORTH 31° 13' 28" EAST 149.82 FEET, NORTH 22° 38' 36" EAST 141.22 FEET. AND SOUTH 47° 40' 42" EAST 1012.35 FEET TO THE POINT OF BEGIIqNING; EXCEPTIlqG THEREFROM THAT PORTION LYING WITHIN THE FEE GRANT TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA PER GRANT DEED RECORDED ON DECEMBER 13, 1967 AS INSTRUMENT No. 109720 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; C-4 LEQEiVD PARCEL PARCEL PARCEL PARCEL CHARDONNAY HILLS TEMECULA, CALIFORNIA PARCEL EXHIBIT EXHIBIT D REQUEST FOR NOTICE OF DEFAULT UNDER DEVELOPMENT AGREEMENT Development Agreement: Amendment and Restatement of Development Agreement Specific Plan No. 180, Rancho Highlands Planning Application No. Date: To.' City of Clerk and Planning Director, City of Temecula Pursuant to Section 6(b) and (c) of the above-referenced Amendment and Restatement of Development Agreement, request is hereby made by as Mortgagee for the property (or portion thereof) to receive copies of any Notice of Default issued by City against Owner in accordance with the terms and conditions of such Amendment and Restatement of Development Agreement. Copies of any such Notices should be mailed to the following address: (Mortgagee) (Person/Department) (Address) (City/State/Zip) (Telephone No.) A copy of this Notice should be filed with the project file to insure proper and timely notice is given. Under the terms of the Amendment and Restatement of Development Agreement, as Mortgagee is entitled to reeeive copies of any Notice of Default within ten (10} days of sending any such Notice to Owner. Failure to send any such Notice may have serious legal consequences for the City. This request is to remain in effect until revoked by as Mortgagee or the Amendment and Restatement of Development Agreement is Terminated. The person executing this document on behalf of the Mortgagee warrants and represents that the entity he/she represents is a bona fide Mortgagee of the property and is entitled to receive copies of Notices of Default under the Amendment and Restatement of Development Agreement. The undersigned declares the above information is true and correct under the penalty of perjury under the laws of the State of California. Dated: ,1996 Mortgagee By: (signature) Its: (printed name) (title) [Notary required] This Notice is to be sent m both the City Clerk and Planning Director for the City of Temecula at P.O. Box 9033, Temecula, Ca 925989-9033 or such other location as Temeeula City Hall may be located in the future. ATTACHMENT NO. 5 EXHIBIT R:,,~rAm. rr~pA~7.~.c~ 4/29/97 ~f CITY OF TEMECULA I PLANNING APPLICATION NO. PA97-0030 (DEVELOPMENT AGREEMENT) 'XHIBIT - A VICINITY MAP II PLANNING COMMISSION DATE - MAY 5, 1997 ITEM #6 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION May 5, 1997 Planning Application No.: PA97-0007 (Development Plan) Prepared By: Carole K. Donahoe, Project Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: ADOPT the Negative Declaration for Planning Application No. PA97-0007; ADOPT the Mitigation Monitoring Program for Planning Application No. PA97-0007; ADOPT Resolution No. 97-__ Recommending Approval of Planning Application No. PA97-0007 based upon the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: Temecula One Properties REPRESENTATIVE: W. Dean Davidson, Architect PROPOSAL: To construct and operate a single-story 17,021 square foot industrial warehouse and office building for Superior Wholesale Tire Company LOCATION: South side of Avenida AIvarado, west of Diaz Road EXISTING ZONING: LI (Light Industrial) SURROUNDING ZONING: North: South: East: West: LI (Light Industrial) PI (Public/Institutional) LI (Light Industrial) LI (Light Industrial) PROPOSED ZONING: Not requested GENERAL PLAN DESIGNATION: BP (Business Park) EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: South: East: West: BW/IPInternational Eastern MunicipalWater District Sewage Treatment Plant Vacant Vacant PROJECT STATISTICS Total Area: Total Site Area: Building Footprint Area: Landscape Area: Paved Area: Parking Required: Parking Provided: Building Height: 1.18 acre gross/1 acre net (43,560 square feet) 17,021 square feet (39% of net) 9,454 square feet (22% of net) 17,085 square feet (39% of net) 20 vehicle spaces, 4 bicycle spaces, 0 motorcycle spaces 23 vehicle spaces, 4 bicycle spaces, 0 motorcycle spaces 24 feet BACKGROUND The applicant, Mr. Alan Young, and his representative W. Dean Davidson, architect, attended a p~e-application meeting for this proposal on December 18, 1996. A formal application was submitted to the Planning Department on January 9, 1997, and a Development Review Committee meeting was held for the project on January 23, 1997. The project was deemed complete on April 1, 1997. PROJECT DESCRIPTION The project is the design, construction and operation of an industrial office and warehouse facility for the Superior Wholesale Tire Company. The proposed building is single-story, with 15,909 square feet devoted to warehouse uses and an employee lounge, and 1,112 square feet for office uses. According to Mr. Young, Superior Wholesale Tire Company operates similar facilities in other Southern California locations. ANALYSIS Site Design The project will take access from a shared driveway off Avertida Alvarado. Parking lots for both customers and employees are proposed for the west side of the building and separated from each other by a 5.5-foot planter in front of a 6-foot security and screen wall, proposed to be constructed of concrete block with stucco overlay to match the building. The main loading dock and an additional roll up door are located on the west side of the building and are completely screened from the public way by the proposed solid block wall. There is an another roll up door located at the rear of the building which faces the adjacent sewage treatment plant. An employee outdoor patio area is proposed adjacent to the lunch room. No outdoor storage of materials or equipment is proposed. Architecture The design of the building affords the opportunity for enhanced architectural features on the east side and front of the building, the most visible sides of the project. The architect has proposed a series of building indents and large triangular planting areas that break up the expanse of building on the east side. The building frontage also has a broken building line and portico that showcases the front office windows, accent tile and reveal. The building colors are varying shades of grey, from basic walls in 'Gray Harbor", lower walls in "Natural Gray," reveal accents and doors in "Foggy Road," and smoked glass of 'Solar Gray." Frames are black, and the tile provides highlights of a purple eggplant color. The architect has offered glass windows at two levels, and has wrapped them and other accents around the building sides visible from Avertida Alvarado. At the request of staff, the applicant has relocated the mechanical equipment from the roof to ground level on the east side of the building with an enclosure that matches the building. Landscaping The project proposes landscaping on 22% of the net site area consistent with the LI (Light Industrial) zone minimum requirement of 20%. The project is conditioned to blend and provide continuity with existing street plantings, and to provide erosion control plantings on the slope. Staff recommends that the project provide a mix of evergreen and deciduous tree species on the east side of the project because it is very visible due to the slope at this location. Shade trees are scattered throughout the project area, particularly along the front parking lot and employee lunch area. EXISTING ZONING AND GENERAL PLAN DESIGNATION Existing zoning for the site is LI (Light Industrial). Office/warehouse uses are permitted with the approval of a development plan pursuant to Chapter 17.05 of the Development Code. The General Plan Land Use designation for the site is BP (Business Park). The project is consistent with this designation. ENVIRONMENTAL DETERMINATION An Initial Study has been prepared for this project which 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. Any potentially significant impacts will be mitigated. SUMMARY/CONCLUSIONS The project is in compliance with the City's Development Code and General Plan, and is compatible with existing and proposed uses in the area. The site design addresses the unique location of the site and its particular impact upon the viewshed from Avenida Alvarado and other public streets. The applicant has been responsive to issues and concerns raised by staff and has modified the site design, architecture and landscaping to address these concerns. R:~TAFFRPT~Tptr/.I~C 4/30/97 ckd 3 FINDINGS The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State Law. The project is consistent with all City Ordinances including: the City's Development Code, Ordinance No. 655 (Mt. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project as proposed complies with all City Ordinances and meets the standards adopted by the City of Temecula designed for the protection of the public health, safety and welfare. An Initial Study was prepared for the project and it has 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 added to the project. The project will not result in an impact to endangered, threatened or rare species or their habitats, including but not limited to plants, fish, insects, animals and birds. The project site has been previously disturbed and graded, and streetscape installed on site. There are no native species of plants, no unique, rare, threatened or endangered species of plants, no native vegetation on or adjacent to the site. Further, there is no any indication that any wildlife species exist, or that the site serves as a migration corridor. A DeMinimus impact finding can be made for this project. Attachments: PC Resolution - Blue Page 5 A. Conditions of Approval - Blue Page 8 Initial Study - Blue Page 17 Mitigation Monitoring Program - Blue Page 18 Exhibits - Blue Page 19 A. Vicinity Map B. General Plan Map C Zoning Map D. Site Plan E. Elevations F. Floor Plan G. Landscape Plan ATTACHMENT NO. 1 PC RESOLUTION NO. 97- 4/30/97 dd 5 PC RESOLUTION NO. 97- A RESOLUTION OF TWE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA974MM)7 (DEVELOPMV~NT PLAN) TO CONSTRUCT AND OPERATE A 17,021 SQUARE FOOT INDUSTRIAL OFFICE AND WAREHOUSE FACILITY ON A PARCEL CONTAINING 1.18 ACRES LOCATED ON THE SOUTH SIDE OF AVENIDA ALVARADO WEST OF DIAZ ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 909- 290-002 WHEREAS, Temecula One Properties filed Planning Application No. PA97-0007 (Development Plan) in accordance with the City of Temecula General Plan and Development Cede; WHEREAS, Planning Application No. PA97-0007 (Development Plan) was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA97-0007 (Development Plan) on May 5, 1997, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, at the public heating, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Commission considered all facts relating to Planning Application No. PA97-0007 (Development Plan); NOW, THEREFORE, THE PLANNING COMMIRSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. ~ The Planning Commission, in approving Planning Application No. PA97-0007 (Development Plan) makes the following findings, to wit: A. The proposed use is in conformanee with the General Plan for Temeatla and with all applicable requirements of State Law and other ordinances of the City. The project is consistent with all City Ordinances including: the City' s Development Code, Ordinance No. 655 OVlt. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project as proposed complies with all City Ordinances and meets the standards adopted by the City of Temecula designed for the protection of the public health, safety and welfare. C. An Initial Study was prepared for the project and it has 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 added to the project. D. The project will not result in an impact to endangered, threatened or rare species or their habitats, including but not limited to plants, fish, insects, animals and birds. The pwject site has been previously disturbed and graded, and streetscape installed on site. There are no native species of plants, no unique, rare, threatened or endangered species of plants, no native vegetation on or adjacent to the site. Further, there is no any indication that any wildlife species exist, or that the site serves as a migration corridor. A DeMinimus impact finding can be made for this project. Section 3. F. nvironmen~al Conlplianee. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. Section 4. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No. PA97-0007 (Development Plan) to construct operate a 16,990 square foot industrial office and warehouse facility located on the south side of Avenida Alvarado, west of Diaz Road and known as Assesser's Parcel No. 909-290-002 subject to Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. Section 5. PASSED, APPROVED AND ADOPTED this 5th day of May, 1997. Linda Fahey, Chairman I ItEREBY 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 5th day of May, 1997 by the following vote of the Commission: AYES: NOES: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary EXHIBIT A CONDITIONS OF APPROVAL CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA97-0007 (Development Plan) Project Description: A Devdopmant Plan to construct and operate a 17,021 square foot industrial office and warehouse facility for Superior Wholesale Tire Company Assessor's Parcel No.: 909-290-002 Approval Date: Expiration Date: May 5, 1997 May 5, 1999 PLANNING DEPARTMENT Within Forty-Eight (48} Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerl< in the amount of Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Determination with a DeMinimus Finding required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). General Requirements The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Planning Application No. PA97-0007 (Development Ran). City shall promptly notify the developer/applicant of any claim, action, or proceeding for which indemnification is sought and shall further cooperate fully in the defense of the action. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The development of the premises shall conform substantially with Exhibit D - Site Plan, approved with Planning Application No. PA97-0007, or as amended by these conditions. R:~TAFFRFl~7pa97.PC 4r3o/97 ¢kd 9 Wheel stops shall be installed to ensure that a minimum four foot wide sidewalk width is maintained where vehicles may overhand adjacent sidewalks. A minimum of four (4) bicycle spaces shall be provided. Bicycle spaces shall be installed in a manner which allows adequate area for access. General space allowances shall include a two (2) foot width and a six (6) foot length per bicycle and a five (5) foot maneuvering space behind the bicycle. The spaces shall be located on a hard, dust-free surface, preferably asphalt or concrete slab. Racks shall be located so as to not create an obstruction to pedestrian movement. Within fifteen (15) days of approval of the development plan, the applicant shall submit a revised site plan showing the square footage of buildings and landscaping approved by Planning Application No. PA97-0007. Building construction shall conform substantially with Exhibit E - Elevations, Exhibit F - Floor Plans, and Exhibit H (Color Elevations), or as amended by these conditions. a. Roof-mounted equipment is not proposed for the building. Landscaping shall conform substantially with Exhibit G, or as amended by these conditions. Tree species proposed for the east side of the building shall be a mix of evergreen and deciduous trees. Street trees shall be planted at a rate of one tree per thirty feet (30') of street frontage. Landscaping plans shall identify all trees in conformance with this requirement. The applicant is to ensure that mature plantings do not interfere with utility lines and traffic sight lines. Colors and materials used shall conform substantially with Exhibit I (Color and Materials Board) or as amended by these conditions. Concrete (building base) Concrete (building lower wall) Reveal accents, exterior door Glass Ceramic tile accents Aluminum Frame Colors Dunn-Edwards//DE 1074 L1 Gray Harbor Dunn-Edwards//DE 1072 L1 Natural Gray Dunn-Edwards//DE 1070 M2 Foggy Road 1/4 inch Solar Grey Dal//DH-87 Black Anodized Prior to the Issuance of Grading Permits The applicant shall comply with the provisions of Chapter 8°24 of the Temecula Municipal Code. P,:~qTAFFRPT~Tpa97.~C 4/30/97 e,,kd 10 The applicant shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the development. Prior to the Issuance of Building Permits 10. A Consistency Check fee shall be paid. 11. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Planning Department to ensure the payment or exemption from School Mitigation Fees. 12. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for approval and shall be accompanied by the appropriate filing fee. The location, number, genus, species, and container size of the plants shall be shown. These plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. 13. The applicant shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the development. Prior to the Issuance of Occupancy Permits 14. An application for signage shall be submitted and approved by the Planning Manager. 15. All landscaped areas shall be planted in accordance with approved landscape, irrigation, and shading plans. 16. All required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Planning Manager. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 17. All required landscape planting and irrigation shall be maintained in a condition acceptable to the Planning Manager throughout the life of the project. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be in good working order. 18. 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: 4/30/97 "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. 19. Performance securities, in amounts to be determined by the Planning Manager to guarantee the installation of plantings, walls, and fences in accordance with the approved plan, and adequate maintenance of the Planting for one year, shall be filed with the Department of Planning. 20. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 21. The applicant shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the development. BUILDING AND SAFETY DEPARTMENT 22. Comply with applicable provisions of the 1994 edition of the California Building, Plumbing and Mechanical Codes; 1993 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 23. All buildings and facilities must comply with applicable disabled access regulations and must be fully detailed for plan check submittal. (California Disabled Access Regulations effective April 1, 1994). 24. Provide disabled access from the public way to the main entrance of the building. 25. Provide van accessible parking located as close as possible to the main entry. 26. Show path of accessibility from parking to furthest point of improvement. 27. Provide an approved precise grading plan for plan check submittal to check for handicap accessibility. Include enlarged area for disabled parking and building access. 28. Submit at time of plan review, complete exterior site lighting plans in compliance with Ordinance No. 655 for the regulation of light pollution. 29. Provide house electrical meter provisions for power for the operation of exterior lighting and fire alarm systems. 30. Provide electrical plan including load calcs and panel schedule, plumbing schematic and mechanical plan for plan review. R:~STAFFRFBTpa97.1~C 4130/97 eid 12 31. Prior to building permit issuance, approval must be obtained from the Water District, Sanitation District, Public Works Department, Fire Department, Planning Department and Building Department. 32. Based on submitted documents, the occupancy classification of the proposed use shall be B, F-1. 33. Restroom fixtures, number and type, shall be in accordance with the provisions of the 1994 edition of the Uniform Plumbing Code, Appendix C. 34. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 35. Truss calculations that are stamped by the engineer of record, the truss manufacturer's engineer, and that have been plan checked and stamped by the plan check agency and the City are required before sheet and shear inspection. PUBLIC WORKS DEPARTMENT Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. 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 will subject the project to further review and may require revision. General Requirements 36. A Grading Permit for precise grading, including all onsite flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 37. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 38. All pertinent plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecuta mylars. 39. Graded but undeveloped land shall be stabilized from erosion to the satisfaction of the Director of Public Works. Prior to Issuance of a Grading Permit 40. A Precise Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 41. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. R:'~TAFFP,~7pa97.1~C 4/30/97 ckd 13 42. 43. 44. 45. 46. 47, 48. 49. A Soils Report shall be prepared by a registered Soils or Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOD has been filed or the project is shown to be exempt. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Planning Department Department of Public Works Eastern Municipal Water District The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. An Area Drainage Plan fee shall be paid to the Riverside County Flood Control and Water Conservation District prior to issuance of any permit. Precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Department of Public Works. The following design criteria shall be observed: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400 and 401. d. All street and driveway centerline intersections shall be at 90 degrees. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. R:XSTAFFRPTXTpa~7.1*C 4/30/97 ckd 14 f. All concentrated drainage directed towards the public street shall be piped or conveyed through curb outlets. Prior to Issuance of a Building Permit 50. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 51. The Developer shall ensure that an public easement has been recorded as necessary for construction of sidewalk and utilities fronting Avenida AIvarado. 52. The Developer shall deposit with the Engineering Department a cash sum as established per acre as mitigation for traffic signal impact. 53. The 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 the Developer requests its building permit for the project or any phase thereof, the Developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to the Developer. Concurrently, with executing this Agreement, the Developer shall secure payment of the Public Facility fee. The amount of the security shall be $2.00 per square foot, not to exceed $10,000. The Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, the 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; ~ that the Developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. 54. The Developer shall record a written offer to participate in, and wave all rights to object to the formation of an Assessment District, a Community Facilities District, or a Bridge and Major Thoroughfare Fee District for the construction of the proposed Western Bypass Corridor in accordance with the General Plan. The form of the offer shall be subject to the approval of the City Engineer and City Attorney. Prior to Issuance of a Certificate of Occupancy 55. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District Eastern Municipal Water District Department of Public Works R:XSTAFFRF~?pLqT.PC 4/30/97 ckd I 5 56. The Developer shall construct the following public improvements in conformance with applicable City Standards, the approved Precise Grading Plan and subject to approval by the Department of Public Works. a. Sidewalk along the entire property frontage. bo Curb Outlets c. Commercial Driveway Approach 57. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Department of Public Works. OTHER AGENCIES 58° The applicant shall comply with the recommendations set forth in the County of Riverside Flood Control and Water Conservation District transmittal dated February 4, 1997, a copy of which is attached. 59. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated January 22, 1997, a copy of which is attached. 60. The applicant shall comply with the recommendations set forth in the Eastern Information Center's transmittal dated January 31, 1997, a copy of which is attached. 61. The applicant shall comply with the conditions of approval as submitted by the Fire Department, a copy of their transmittal dated April 28, 1997 is attached. 62. The applicant shall comply with the recommendations of the Police Department in their transmittal dated January 29, 1997, a copy of which is attached. It:~TAI~,PT~7pa97.1~C 4/30/97 ckd 16 DAVID P. ZAPPE Gcncr~l Ma.ager-Chicl' Engineer City of Temecula Plannin Department 43200 ~usiness Park Drive Temecula, California 92590 Attention: C~ROI.F. ~. Ladies and Gentlemen: The D~ d~ not no~l~ ~mmnd ~ndj~ns ~r land d~iions or offier i~ u~ ~ses in inco~rat~ ciges. ~e Dis~ also h~a~ m~ ~r such ~ses. Dis~ commen~recommnda~ons ~r su~ ~s am no~ally lim~ to items of sp~c interest to the Djffi~ incl~ing Djs~t Master Dmina · Plan ~cili~es, offier m ional flood ~n~l and dmina ~dl~s whi~ ~ ~ ~nside~ a I~i~l ~m~n~or e~ens~n of a mslr b~an system, and Dis~ct Area ~inage Plan ~s (deve~pment mi~ga~on ~s). In addi~on, info~n of a general na~re is prov~. ~e Dis~ct has not mview~ ~nst~ute ~ i~ Djs~ a m~or endo~emnt of ~e pm~ pm~ ~ffi ms~ ~ ~ h~a~. public ~a~ and safe~ or any other su~ssue: /~is pm~ w~ not ~ im~d by Dis~ct Mas~r Drainage P~n ~1~ nor am o~r ~lit~s of ~nal intemst ~s~. This proje~ invo~ Djffi~ Master Plan ~lit~s. ~e Dis~ will a~e t ownedhip of such ~lies on wd~en request of ~ Ci~. Fadli~es must ~ ~ns~ to Di~ sln~ffis and Dis~ plan ch~ a~ insp~tion will required. ~is p~ ~ns~e~ mg~nal in n~m a~l~ a Iogi~l e~ens~n of ~ adopted Master Dmina~ Pin. ~e D~ wou~ ~nsider a~n o~hip of su~ ~lffies on ~n r~uest of ~e C' . F~I~ must requirement Dis~ a~p~n~. Plan ch~k, ins~on and adminis~We ~s ~11 ~ r~ui~. / This proje~ is I~t~ ~ffiin ~e lim~ of re~ffia~on de~d. at ~e ~me of issuan~ of ~e a~ual permit. GENE~L INFOR~ON This project may ~uim a Nat~nal Pollulnt Discharge Elimina~n S stem (NPDES) ~ ~m the St~ Water Re~u~C~. C~m~rgmffi~,~a~,oroffi~l~ishou~n~given ~C~ unffi has dete~in~ ~at the p~ has ~n granted a ~it or is sh~n to ~ exempt. If ~is pro' involves a F~eml Eme~en~ Managerant Agen~ (FE~) reaped ~ plain ~en ~e Ci~ s~u~ require ~appli~nt to r~ all stud~s, ~la~ons, plans and other mfo~on ~ui~ to m~t FEMA r~uimmn~, and shou~ ~ ~uim ~t ~e appl~nt ob~in a Con~nal Le~ of ~p R~is~n (CLOMR) pdor ~ grading, ~a~on or o~ final appm~l of ~e pm~ a~ a Le~er ~ ~p Rev~n (LOMR) p~r to ~pan~. If a natural wate~ume or ob~in a ~on 1601/1603 A r~mnt ~om the C~mia ~pa~mnt o~ Fish and Gain and a Clean ~ir A~ S~on 4~ Pe~ hm ~e U.~. ~ Co~s of E inure, or ~n ~s~nden~ ~ ~ agen~es ~d~ng the proj~ is exempt ~om ~e~ ~uimments. ~an Water A~ ~c~on 401 Water Qual~ Ceffifi~on my be require~ hm the Io~t Cali~mia Reg~nal Water Quali~ Control Boaffi prior to issuan~ of ~e Coffis 4~ ~it. Senior Civil Engineer Water John F. HenNaear Phillip L. Forbes C. Michael Cowett Janua~ 22,1997 Ms. Carole Donahoe Case Planner City of Temecula Planning Department 43200 Business Park Drive Temecula, CA 92590-3606 SUBJECT: WATER AVAILABILITY PARCEL 2 OF PARCEL MAP 21382 APN 909-290,002 PLANNING APPLICATION NO. PA97-0007 Dear Ms. Donahoe: 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. If fire protection is required, customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management dghts, if any, to RCWD. If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 971SB:eb014/F012/FEF C: Laurie Williams, Engineering Services Supervisor CALIFORNIA HISTORICAL RESOURCES INFORMATION SYSTEM Eastern Information Center Department of Anthropology University of California Riverside, CA 92521-43418 Phone (909) 787-5745 Fax (909) 787-5409 CULTURAL RESOURCE REVIEW DATE: :y'~N. ..=// /997 RE: Case Transmittal Reference Designation: Records at the Eastern Information Center of the California Historical Resources Information System have been reviewed to determine if this project would adversely affect prehistoric or historic cultural resources: The proposed project area has not t~j~n surveyed for cultural resourcas and contains or is adjacent to known cultural resource(s). A Phase I study is recommended. Based upon existing data the proposed project area has the potential for containing cultural resources. A Phase [ study is recommended. A Phase 1 cultural rcsouroe study (MF # ) identified one or moro cultural resources. The project area contains, or has the possibility of containing, cultural resources. However, due to the nature of the project or prior data recovery studies, an adverse effect on cultural resources is not anticipated. Further study is not recommended. V// A Phase I cultural rosouroc study (MF # ,Z2/4 ) identified no cultural resources. Further study is not recommended. There is a low probability of cultural resources. Further study is not recommended. ~lf, during construction, cultural resources arc encountered, work should be halted or diverted in the immediate area while a quailfled archaeologist evaluates the finds and makes recommendations. Due to the archaeological sensitivity of the area, earthmoving during construction should be monitorui by a professional archaeolog~t. The submission of a cultural resource management report is recommended following guidelines for Archa~logical Resource Management R,~orts prepared by the California Office of Histonc Preservation, Preservation planning Bulletin 4(a), December 1989. Phase I Phase ii Phase ill Phase IV Records search and field survey Testing [Evaluate resource significance; propose mitigation measures for *significant" sites.1 Mitigation [Data recovery by excavation, preservation in place, or a combination of the two.[ Monitor firthmoving activities COMMENTS: If you have any questions, please cc~ntact us. Eastern Information Center City of Temecula 43200 Business Park Drive - PO Box 9033 - Temecula, California 92589-9033 (909) 69~1-6439 FAX (909) 694-6478 April 28, 1997 TO: ATr: RE: Planning Department Carole Donahoe PA97-0007 Superior Wholesale Tire With respect to the conditions of approval for the above referenced development plan, the Fire Depamnent recommends the following fire protection measures be provided in accordance with the City of Temecula Ordinances and/or recognized fire protection standards: The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial building using the procedures established in City of Temecuh Ordinances and recogn~_~_ fire protection standards. A fire flow of 1750 GPM for a 2 hour duration at 20 PSI residual operating pressure must be available before any combustible material is placed on the job site. A combination of on-site and off-site super fire hydrants (6"x4"x2-2 1/1"), will be located no less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicsdar travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. Applicant/developer shall furnish one copy of the water plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department appwval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once the plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. The required water syy. em, including fire hydrants, shall be installed and accepted by the appropri~t~ waU~ agency prior to any combustible building materials being placed on the job site. Prior to the issuance of building p~ukits, the developer shall pay $.25 per square foot as mitigation for fn'e protection impacts. Prior to the issuance of building permits, the applicant/developer shall be responsible to submit a plan check fee of $582.00 to the City of Temecuh. THE FOLLOWING CONDITIONS MUST BE MET PRIOR TO OCCUPANCY. Install a complete fire sprinkler system in all buildings. The post indicator valve and fire department connection shall be located to the front of the building, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). A statement that the building will be automatically fire sprinkled must be included on the title page of the building plans. Install a supendsed wn~-~ow monitoring fire ahnn system. Plans shall be submitted to the Fire Department for approval prior to installation. 9. Tire storage shall be in accordance with NFPA 231D. 10. Knox Key lock boxes shall be installed on all buildings/suites. If building/suite requires I4~r<ious M~t~hl Reporting {Material Safety Data Sheets) the Knox HAZ MAT Data and key storage cabinets shall be inst~lled. If building/suites are protected by a fire or burglar alarm system, the boxes will require "Tamper* monitoring. Plans shall be submitted to the Fire Department for approval prior to installation. 11. All exit doors shall be openable without the use of key or special knowledge or effort. 12. Occupancy separation wails will be required as per the Uniform Building Code, Section 302.4. 13. 14. 15. Install portable fire extinguishers with a minimum rating of 2AIOBC. Contact a certified extinguisher company for proper placement. R is pwhibited to use/process or store any materials in this occupancy that would classify it as an "H" occupancy per Chapter 3 of the Uniform Building Code. Blue dot reflectors shall be mounted in private s~eets and driveways to indicate location of fire hydnnts. They shah be mounted in the middle of the streeX directly in line with fire hydrant. 16. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Depax'hl~ent for approval, a sit~ plan designating required fire lanes with appropriate lane painting and or signs. 17. Street address shall be posted, in a visible location, minimum 12 inches in height, on the street side of the building with a contrasting background. 18. Final conditions wffi be addressed when building plans are reviewed in the Bttilding and Safety Office. 19. Please contact the Fire Department for a final inspection prior to occupancy. All questions regarding the meaning of these conditions shall be referred to the Fire Department Planning and engineering section (909)693-3974. Laura Cabral Fire Safety Specialist January29,1997 'Ptanning Application No. PA97-0007 Superior Whoresale Twe Company Case Planner: Carols Donshoe I have reviewed the plans and have no objection to the placement or layout of the project. Reoommend the following conditions be placed on it: 1. NI hedges end planters on the project shall be maintained eta height no greater than thirty-six (36) inohes. Any hedges surrounding the warehouse area will be maintained below the window line or thirty-six {36) inches, whichever IS lower. 2. NI parking iota, driveways, truck dock well and pedestrain walkways shall be illuminated with · minimum maintained one (1) foot-candle of light st ground level, evenly disperse, egminatlng a~ shadows. Aft exterior lighting fkxturee shag be vandal resistant. All exterior fighting shag be controlled by photooells, timers, or other means to prevent aleactivation by unauthorized persons. 3- All exterior doors shag have their own vandal resistant fight fixture or wall pack type installed above. The doors shall be illuminated with a minimum maintained one (q) candle of fight at ground level, evenly dispersed. 4. Any public telephones located on the exterior of the building shed be placed in a wag lighted, highly viable area, and installed with a "Call Out Only' feature To deter loitering. 5. All doors, windows, locking mechanisms, hinges. end other miscellaneous hardware shall be of commerical or institutional grade. 6. All concrete perimeter wells shall be covered with a gruffill resistant coating or type painting TO dete~ vandalism. If you have any questions or conceals, please call me at the Temecule Police Station. Officer Lynn Fenerie Sr. Crime Prevention Officer ATTACHMENT NO. 2 INITIAL ENVIRONMENTAL STUDY R:XSTAFI~,FI'XTpa97.1~C 4/29/97 drdl 17 City of Temecula Planning Department Agency Distribution List PROJECT: Planning Application No. PA97-0007 (Development Plan) DISTRIBUTION DATE: 4/15/97-5/5/97 CASE PLANNER: Carole Donahoe CITY OF TEMECULA: Building & Safety ....................(X) Fire Department ......................(X) Sheriff .............................(X) Parks & Recreation (TCSD) ............( ) Planning, Advance ....................( ) Public Works ........................(X) ....... () STATE: Caltrans ............................ ( ) Fish & Game ........................ ( ) Mines & Geology ..................... ( ) Regional Water Quality Control Bd .......( ) State Clearinghouse ...................( ) State Clearinghouse (10 Copies) .........( ) Water Resources ..................... ( ) ...... () FEDERAL: Army Corps of Engineers ............... Fish and Wildlife Service ............... ) ) ) ) REGIONAL: Air Quality Management District ......... SCAG .............................. Western Riverside COG ............... CITY OF MURRIETA: Planning ............................ ( ) RIVERSIDE COUNTY: Airport Land Use Commission .......... ( ) Engineer ............................ ( ) Hood Control ........................ (X) Health Department .................... (X) Parks and Recreation .................. ( ) Planning Depa~ht~ent .................. ( ) Habitat Conservation Agency (RCHCA) ... ( ) Riverside Transit Agency ...............( ) ...... () UTILITY: Eastern Municipal Water District ........ (X) Inland Valley Cablevision .............. (X) Rancho CA Water District, Will Serve .... (X) Southern California Gas ................ (X) Southern California Edison ............. (X) Metropolitan Water District ............. ( ) OTHER: Pechanga Indian Reservation ............ ( ) Eastern Information Center ............. ( ) Local Agency Formation Comm ......... ( ) Dean Davidson ....................... (X) Homeowners' Association .............. ( ) R:x~eqaX7PA97.PND ckd City of Temecula Planning Department PROJECT: APPLICANT: LOCATION: DESCRIPTION: Notice of Proposed Negative Declaration Planning Application No. PA97-0007 (Development Plan) Temecula One Properties South side of Avenida Alvaratio, west of Diaz Road A 17,021 square foot industrial/office/warehouse building for Superior Wholesale Tire Company The City of Temecula intends to adopt a Negative Declaration for the project described above. Based upon the information contained in the attached Initial Environmental Study and pursuant to the requirements of the California Environmental Quality Act (CEQA); it has been determined that this project as proposed, revised or mitigated will not have a significant impact upon the environment. As a result, the Planning Commission intends to adopt a Negative Declaration for this project. The mitigation measures required to reduce or mitigate the impacts of this project on the environment are included in the project design and will be included in the Mitigation Monitoring Program which will be considered by the Planning Commission. The Comment Period for this proposed Negative Declaration is April 15, 1997 to May 5, 1997. Written comments and responses to this notice should be addressed to the contact person listed below at the following address: City of Temecula, 43200 Business Park Drive, Temecula, CA 92590. The public notice of the intent to adopt this Negative Declaration is provided through: X__ The Local Newspaper. X__ Posting the Site. X_.. Notice to Adjacent Property Owners. If you need additional information or have any questions concerning this project, please contact Carole Donahoe, Project Planner at (909) 694-6400. Prepared by: ;~?./~L/~Jm~re)/,-,~/gf./A./~, 3 Carole K. Donahoe, Project Planner (Signa (Name and Title) R:\CeqaXTPA97.PND ckd CITY OF TEMECULA Environmental Checklist 2. 3. 4. 5. 6. 7. 8. 10. Project Title: Lead Agency Name & Address: Contact Person & Phone No.: Project Location: Project Sponsor Name & Address: General Plan Designation: Zoning: Description of Project: Surrounding Land Uses & Setting: Other public agencies whose approval is required: Planning Application No. PA97-0007 (Development Plan) City of Temecula, 43200 Business Park Drive, Temecula, CA 92590 Carole Donahoe, Project Planner (909) 694-6400 South side of Avenida Alvarado, west of Diaz Road Temecula One Properties, 4800 Corbin Avenue, Tarzana, CA 91356 Business Park (BP) Light Industrial (LI) To construct and operate a 17,021 square foot industrial warehouse and office building for Superior Wholesale Tire Company The project is located in a area that has been previously graded, street improvements and utilities have been installed and water and sewer are available at the site. Similar industrial/warehouse/office buildings have already been constructed adjacent and in close proximity to the project site. Riverside County Fire Department, Riverside County Health Department, Temecula Police Department, Eastern Municipal Water District, Rancho California Water District, Southern California Gas Company, Southern California Edison Company, and General Telephone Company. R:%CEOA\7PA97. EA ckd ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. [ ] Land Use and Planning [ ] Hazards [ ] Population and Housing [ ] Noise [ X ] Geologic Problems [ ] Public Services [ X ] Water [ ] Utilities and Service Systems [ ] Air Quality [ X ] Aesthetics [ ] Transportation/Circulation [ ] Cultural Resources [ ] Biological Resources [ ] Recreation [ ] Energy and Mineral Resoumes [ ] Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: I find that although the proposed project could have a significant effect on the environment, there will not be a signfficant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be propared. Signature Name: Carole K. Donahoe I~or: City of Temecuta R:\CEOA~7PA97.EA ckd EVALUATION OF ENVIRONMENTAL IMPACTS: 1. LAND USE AND PLANNING. Would the proposal: a. Conflict with general plan designation or zoning? (Source 1, Figure 2-1, Page 2-17) Ce Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? Be incompatible with existing land use in the vicinity? (Source 1, Figure 2-1, Page 2-17) Affect agricultural resoumes or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? (Source 1, Figure 5-4, Page 5-17) Disrupt or divide the physical arrangement of an established community (including low-income or minority community)? 2. POPULATION AND HOUSING. Would be proposal: a. Cumulatively exceed official regional or local population projections? Induce substantial growth in an area either directly or indirectly (e.g. through project in an undeveloped area or extension of major infrastructure)? c. Displace existing housing, especially affordable housing? GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving? a. Fault rupture? (Source 1, Figure 7-1, Page 7-6) b. Seismic ground shaking? c. Seismic ground failure, including liquefaction? d. Seiche, tsunami, or volcanic hazard? e. Landslides or mudflows? Erosion, changes in topography or unstable soil conditions form excavation, grading or fill? Subsidence of the land? X x X X X X X X X X X X X X X R:\CEOA\7PA97.EA ckd Issues and Supporting Information Sources h. Expansive soils? I. Unique geologic or physical features? WATER. Would the proposal result in: a. Changes in absorption rates, drainage patterns, or the rate and mount of surface runoff?. Exposure of people or property to water related hazards such as flooding? (Source 2, Figure 13, Page 95 and Soume 2, Figure 30, Page 190) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? Changes in the amount of surface water in any water body? Changes in currents, or the course or direction of water movements? f. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? g. Altered direction or rate of flow of groundwater? h. Impacts to groundwater quality? I. Substantial reduction in the amount of groundwater otherwise available for public water supplies? AIR QUALITY. Would the proposal: a. Violate any air quality standard or contribute to an existing or projected air quality violation? (Soume 3, Page 6-11, Table 6-2) b. Expose sensitive receptors to pollutants? c. Alter air movement, moisture or temperature, or cause any change in climate? d. Create objectionable odors? TRANSPORTATION/CIRCULATION. Would the proposal result in: X X X X X X X X X X x X X X X R:\CEOA\7PA97.EACkd Issues and Supporting Information Sources a. Increase vehicle trips or traffic congestion? b. Hazards to safety from design features (e.g. sharp curves or dangerous intersection or incompatible uses (e.g. farm equipment)? c. Inadequate emergency access or access to nearby uses? d. Insufficient parking capacity on-site or off-site? e. Hazards or barriem for pedestrians or bicyclists? X X X X X f. Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g. Rail, waterborne or air traffic impacts? BIOLOGICAL RESOURCES. Would the proposal result in impacts to: Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds)? b. Locally designated species (e.g. heritage trees)? X X X X c. Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? d. Wetland habitat (e.g. marsh, riparian and vernal pool)? e. Wildlife dispersal or migration corridors? 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a. Conflict with adopted energy conservation plans? b. Use non-renewal resources in a wasteful and inefficient manner? c. Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? 9. HAZARDS. Would the proposal involve: X X X X X X R:\CEOA~7PA97.EA ckd Issues and Supporting Information Sources A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemical or radiation)? Possible interference with an emergency response plan or emergency evacuation plan? The creation of any health hazard or potential health hazard? Exposure of people to existing sources of potential health hazards? Increase fire hazard in areas with flammable brush, grass, or trees? 10. NOISE. Would the proposal result in; a. Increase in existing noise levels? b. Exposure of people to severe noise levels? 11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Maintenance of public facilities, including roads? e. Other governmental services? X X X X X X X X X X X X R:\CEOA\7PA97.F~ ckd Issues and Supporling lnfommlion Sources 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Local or regional water treatment or distribution facilities? (Source 2, Page 39) d. Sewer or septic tanks? (Source 2, Page 40) e. Storm water drainage? f. Solid waste disposal? g. Local or regional water supplies? 13. AESTHETICS. Would the proposal: a. Affect a scenic vista or scenic highway? b. Have a demonstrable negative aesthetic effect? c. Create light or glare? 14. CULTURAL RESOURCES. Would the proposal: a. Disturb paleontological resources? (Source 2, Figure 55, Page 280) b. Disturb archaeological resources? (Source 2, Figure 56, Page 283) c. Affect historical resources? (Source 2, Page 281 ) d. Have the potential to cause a physical change which would affect unique ethnic cultural values? e. Restrict existing religious or sacred uses within the potential impact area? 15. RECREATION. Would the proposal: a. Increase the demand for neighborhood or regional parks or other recreational facilities? b. Affect existing recreational opportunities? 16. MANDATORY FINDINGS OF SIGNIFICANCE. X X X X X X X X X X X X X X X X X R:%CEOA\7PA97.F~,ckd Issues and Supporting Information Sources a. 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 community, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c. Does the project have impacts that area individually limited, but cumulativety considerable? CCumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?. 17. EARLIER ANALYSES. None. X X X X SOURCE LIST 1 - City of Temecula General Plan 2 - City of Temecula General Plan Final Environmental Impact Report 3 - South Coast Air Quality Management CEQA Air Quality Handbook R:\CEOA\7PA97.EA ckd DISCUSSION OF THE ENVIRONMENTAL IMPACTS Land Use and Planninq 1.a,b,c. The project will not conflict with the general plan designation or zoning, applicable environmental plans or polices adopted by agencies with judsdiction over the project, nor be incompatible with existing land uses in the vicinity. The project is consistent with the City's General Plan Land Use Designation of BP (Business Park) and the zoning of L1 (Light Industrial). Impacts from all General Plan Land Use Designations were analyzed in the Environmental Impact Report (EIR) for the General Plan. Agencies with jurisdiction within the City commented on the scope of the analysis contained in the EIR and how the land uses would impact their particular agency. Mitigation measures approved with the EIR will be applied to this project. Further, all agencies with jurisdiction over the project are also being given the opportunity to comment on the project and it is anticipated that they will make the appropriate comments as to how the projest relates to their specific environmental plans or polices. The project site has been previously graded and services have been extended into the area. There will be limited, if any environmental effects on environmental plans or polices adopted by agencies with jurisdiction over the project. Similar industrial/warehouse/office buildings have already been constructed in the area. No significant effects are anticipated as a result of this project. 1.e. The project will not disrupt or divide the physical arrangement of an established community (including low-income or minority community). The project is an industrial/office/warehouse use in an area surrounded by land that is planned to be developed with similar uses. There is no established residential community (including low- income or minority community) at this site. No significant effects are anticipated as a result of this project. Population and Housing The project will not cumulatively exceed official regional or local population projections. The project is an industrial/office/warehouse use which is consistent with the City's General Plan Land Use Designation of Business Park. Since the project is consistent with the City's General Plan, and does not exceed the floor area ratio for Business Park, it will not be a significant contributor to population growth which will cumulatively exceed official regional or local population projections. No significant effects are anticipated as a result of this project. 2.b. The project will not induce substantial growth in the area either directly or indirectly. The project is consistent with the General Plan Land Use Designation of Business Park. The project will cause people to relocate to or within Temecula; however, due to its limited scale, it will not induce substantial growth in the area. The surrounding area is already developed and infrastructure is available to the site. No significant effects are anticipated as a result of this project. 2.c. The project will not displace housing, especially affordable housing. The project site is vacant; therefore no housing will be displaced. No significant effects are anticipated as a result of this project. Gecloaic Problems 3.b,c,g,h. The project will have a less than significant impact on people involving seismic ground shaking; however, there may be a potentially significant impact from seismic 3.d. 3.e. 3.f. 3.1. Water 4.a. 4.c. ground failure, liquefaction, subsidence and expansive soils. The project is located in Southern California, an area which is seismically active. Any potentially significant impacts will be mitigated through building construction which is consistent with Uniform Building Code standards. Further, soil reports are required prior to grading and recommendations contained in this report are followed dudng construction. The soils reports will also contain recommendations for the compaction of the soil which will serve to mitigate any potentially significant impacts from seismic ground shaking, seismic ground failure, liquefaction, subsidence and expansive soils. After mitigation measures are performed, no significant effects are anticipated as a result of this project. The project will not expose people to a seiche, tsunami or volcanic hazard. The project is not located in an area where any of these hazards could occur. No significant effects are anticipated as a resuit of this project. The project will not expose people to landslides or mudflows. The Final Environmental Impact for the City of Temecula General Plan has not identified any known landslides or mudslides located on the site or proximate to the site. No significant impacts are anticipated as a result of this project. The project will have a less than significant impact from erosion, changes in topography, grading or fill. The site has been previously graded and the project does not propose significant grading beyond that which has already taken place, Increased wind and water erosion of soils both on and off-site may occur dudng the construction phase of the project and the project may result in changes in siltation, deposition or erosion. Erosion control techniques will be included as a condition of approval for the project. In the long-run, hardscape and landscaping will serve as permanent erosion control for the project. Since the amount of grading will be the minimum necessary for the realization of the project, modification to topography and ground surface relief features will not be considered significant. Potential unstable soil conditions from excavation, grading or fill will be mitigated through the use of landscaping and proper compaction of the soils. After mitigation measures are performed, no impacts are anticipated as a result of this project. The project will not impact unique geologic or physical features. No unique geologic features or physical features exist on the site. No significant impacts are anticipated as a result of this project. The project will result in changes to absorption rates, drainage patterns and the rate and amount of surface runoff; however, these changes are considered less than significant, Previously permeable ground will be rendered impervious by construction of buildings, accompanying hardscape and driveways. While absorption rates and surface runoff will change, potential impacts shall be mitigated through site design. Drainage conveyances will be required for the project to safely and adequately handle runoff which is created. After mitigation measures are performed, no signfficant impacts are anticipated as a result of this project. The project may have a potentially significant effect on discharges into surface waters and alteration of surface water quality. Prior to issuance of a grading permit for the project, the developer will be required to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resoumes Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or R:\CEQA\7PA97.EA ekd the project is shown to be exempt. By complying with the NPDES requirements, any potential impacts can be mitigated to a level less than significant. 4.d,e. The project will have a less than significant impact in a change in the amount of surface water in any waterbody or impact currents, or to the course or direction of water movements. Additional surface runoff will occur because previously permeable ground will be rendered impervious by construction of buildings, accompanying hardscape and driveways. Surface drainage wilt be channeled to Avenida Alvarado. Due to the limited scale of the project, the additional amount of drainage will not be considered significant. No significant impacts are anticipated as a result of this project. 4.f,g,h. The project will have a less than significant change in the quantity and quality of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability. Ljmited changes will occur in the quantity and quality of ground waters; however, due to the minor scale of the project, it will not be considered significant. Further, construction on the site will not be at depths sufficient to have a significant impact on ground waters. No significant impacts are anticipated as a result of this project. 4.1. The project will not result in a substantial reduction in the amount of groundwater water otherwise available for public water supplies. According to information contained in the Final Environmental Impact Report for the City of Temecula General Plan, "Rancho California Water Distdct indicate that they can accommodate additional water demands." Water service currently exists in the immediate proximityto the project and will be provided by Rancho California Water District (RCWD). This is typically provided upon completion of financial arrangements between RCWD and the property owner. No significant impacts are anticipated as a result of this project. Air Quality 5.a. The project will not violate any air quality standard or contribute to an existing or projected air quality violation. The project's 17,021 square feet of industrial/office/warehouse use is below the threshold for potentially significant air quality impact (276,000 square feet) established by South Coast Air Quality Management District. No significant impacts are anticipated as a result of this project. 5.b. The project will not expose sensitive receptors to pollutants. The project occupants would not be considered sensitive receptors, nor will the project generate significant pollutants. No significant impacts are anticipated as a result of this project. 5.c. The project will not alter air movement, moisture or temperature, or cause any change in climate. The limited scale of the project precludes it from creating any significant impacts on the environment in this area. No significant impacts are anticipated as a result of this project. 5.d. The project will create objectional odors during the construction phase of the project. These impacts will be of short duration and are not considered significant. Transportation/Circulation 6.a. The project will result in a less than significant increase in vehicle tdps; however it will add to traffic congestion. The project is similar in nature and size to several adjacent developments which contribute less than a five percent (5%) increase in existing volumes R:\CEOAX7PA97.EA ckd dudng the AM peak hour and PM peak hour time frames to the intersection of Diaz Road and Avenida AIvarado. No further traffic studies were required for this project. The applicant will be required to pay traffic signal mitigation fees and public facility fees as conditions of approval for the project. Affer mitigation measures are performed, no impacts are anticipated as a result of this project. 6.b. The project will not result in hazards to safety from design features. The project is designed to current City standards and does not propose any hazards to safety from design features. No significant impacts are anticipated as a result of this project. 6.c. The project will not result in inadequate emergency access or access to nearby uses. The project is a industrial/office/warehouse use in an area with existing and planned similar uses. The project is designed to current City standards and has adequate emergency access. The project does not provide direct access to nearby uses nor obstruct standard access to nearby uses. No significant impacts are anticipated as a result of this project. 6.d. The project has been designed with sufficient parking capacity on-site for both vehicles and bicycles, The project will be conditioned to construct in accordance with Exhibits submitted during land use review. Off-site parking will not be impacted. No significant impacts are anticipated as a result of this project. 6.e. The project will not result in hazards or barriem for pedestrians or bicyclists. Hazards or barriers to bicyclists have not been included as part of the project, which pedestrian and bicycle path of travel has been provided. No significant impacts are anticipated as a result of this project. 6.f. The project will not result in conflicts with adopted policies supporting alternative transportation. The project provides bicycle racks onsite and non-vehicular access to the site. No significant impacts are anticipated as a result of this project. 6.g. The project will not result in impacts to rail, waterborne or air traffic since none exists currently in the immediate proximity of the project. No significant impacts are anticipated as a result of this project. Bioloqical Resources 7.a. The project will not result in an impact to endangered, threatened or rare species or their habitats, including but not limited to plants, fish, insects, animals and birds. The project site has been previously graded. Currently, there are no native species of plants, no unique, rare, threatened or endangered species of plants, no native vegetation on or adjacent to the site. Further, there is no indication that any wildlife species exist at this location. The project will not reduce the number of species, provide a barrier to the migration of animals or deteriorate existing habitat. The project site is located within the Stephen's Kangaroo Rat Habitat Fee Area. Habitat Conservation fees will be required to mitigate the effect of cumulative impacts to the species. No significant impacts are anticipated as a result of this project. 7.b,c. The project will not result in an impact to locally designated species or locally designated natural communities. Locally designated species are protected in the Old Town Temecula Specific Plan; however, they are not protected elsewhere in the City. Since this project is not located in Old Town, and since there are no locally designated species on site, no significant impacts are anticipated as a result of this project. R:\CEOA\7PA97.~A ckd 7.d. The project will not result in an impact to wetland habitat. There is no wetland habitat on- site or within proximity to the site. No signfficant impacts are anticipated as a result of this pro jest. 7.e. The project will not result in an impact to wildlife dispersal or migration corridors. The project site does not serve as part of a migration corridor. No significant impacts are anticipated as a result of this project. Enerav and Mineral Resoumes 8.a. The proiect will not impact and/or conflict with adopted energy conservation plans. The project will be reviewed for compliance with all applicable laws pertaining to energy conservation during the plan check stage. No permits will be issued unless the project is found to be consistent with these applicable laws. No significant impacts are anticipated as a result of this project. 8.b. The project will result in a less than significant impact to the use of non-renewable resources in a wasteful and inefficient manner. There will be an increase in the rate of use of natural resources and in the depletion of nonrenewable resource(s) (construction matedais, fuels for the daily operation, asphalt, lumber). However, due to the scale of the proposed development, these impacts are not seen as signfficant. 8.c, The project will not result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State. No known mineral resoume that would be of future value to the region and the residents of the State are located at this project site. No significant impacts are anticipated as a result of this project. Hazards 9,a. The project will not result in a risk of explosion, or the release of any hazardous substances in the event of an accident or upset conditions since none are proposed in the request. The same is true for the use, storage, transport or disposal of any hazardous or toxic materials. Large quantities of these types of substances will not be associated with this use. The Department of Environmental Health has reviewed the project and has no objections. The applicant must receive their clearance prior to any plan check submittal. This applies to storage and use of hazardous materials. No signfficant impacts are anticipated as a result of this projest. 9.b. The project will not interfere with an emergency response plan or an emergency evacuation plan. The subject site is not located in an area which could impact an emergency response plan. The project will take access from a maintained street and will therefore not impede any emergency response or emergency evacuation plans. No significant impacts are anticipated as a result of this project. 9.c. The project will not result in the creation of any health hazard or potential health hazard. The project will be reviewed for compliance with all applicable health laws during the plan check stage. No permits will be issued unless the project is found to be consistent with these applicable laws. No significant impacts are anticipated as a result of this project. 9.d. The project will not expose people to existing sources of potential health hazards. No health h~7~rds are known to be within proximity of the project, nor is the project expected to generate health hazards. No significant impacts are anticipated as a result of this project. R:\CEOA\7PA97.EA ckd 9.e. The project will not result in an increase to fire h~=rd in an area with ~ammable brush, grass, or trees. The project is a industrial/office/warehouse development in an area of existing and future similar uses. The project is not located within or proximate to a fire hazard area. No significant impacts are anticipated as a result of this project. Noise 10.a. The proposal will result in a less than significant increase to existing noise levels. The site is currently vacant and development of the land logically will result in increases to noise levels during construction phases as well as increases to noise in the area over the long run. Long-term noise generated by this project would be similar to existing and proposed uses in the area. No significant noise impacts are anticipated as a result of this project in either the short or long-term. 10.b. The project may expose people to severe noise levels during the development/construction phase. Construction machinery is capable of producing noise in the range of 100+ DBA at 100 feet which is considered very annoying and can cause hearing damage from steady 8-hour exposure. However, this source of noise from development of the project will be of short duration and therefore will not be considered significant. There will be no long-term exposure of people to noise. No significant impacts are anticipated as a result of this project. Public Services 11.a,b. The project will have a less than significant impact upon, or result in a need for new or altered fire or police protection. The project will incrementally increase the need for fire and police protection; however, it will contribute its fair share to the maintenance of service provision from these entities. No significant impacts are anticipated as a result of this project. 11.c. The project will have a less than significant impact upon, or result in a need for new or altered school facilities. The project will not cause significant numbers of people to relocate within or to the City of Temecula and therefore will not result in a need for new or altered school facilities. The cumulative effect from the project will be mitigated through the payment of applicable School Fees. No signfficant impacts are anticipated as a result of this project. 11.d. The project will have a less than significant impact for the maintenance of public facilities, including roads. Funding for maintenance of roads is derived from the Gasoline Tax which is distributed to the City of Temecula from the State of California and the payment of the Pubtic Facility Fee by the applicant. Impacts to current and future needs for maintenance of roads as a result of development of the site will be incremental, however, they will not be considered significant. The Gasoline Tax is sufficient to cover any of the proposed expenses. 11.e. The project will not have an effect upon, or result in a need for new or altered governmental services. No significant impacts are anticipated as a result of this project. Utilities and Service Systems 12.a,b. The project will not result in a need for new systems or supplies, or substantial alterations to power, natural gas or communications. These systems are currently being delivered in proximity to the site. No significant impacts are anticipated as a result of this project. R:\CEOAX7PA97,EA ckd 12.c,d. The project will not result in a need for new systems or supplies, or substantial alterations to local or regional water treatment or distribution facilities or sanitary sewer systems or septic tanks. While the project will have an incremental impact upon existing systems, the Final Environmental Impact Report (FEIR) forthe City's General Plan states: "both EMWD and RCWD have indicated an ability to supply as much water as is required in their services areas." The FEIR further states: "implementation of the proposed General Plan would not significantly impact wastewater services." Since the project is consistent with the City's General Plan, no significant impacts are anticipated as a result of this project. There are no septic tanks on site or proximate to the site. No significant impacts are anticipated as a result of this project. 12.e. The proposal will result in a less than significant need for new systems or supplies, or substantial alterations to storm water drainage. The project will need to provide some additional on-site drainage systems. The drainage system will be required as a condition of approval for the project and will tie into the existing system. No significant impacts are anticipated as a result of this project. 12.f. The proposal will not result in a need for new systems or substantial alterations to solid waste disposal systems. Any potential impacts from solid waste created by this development can be mitigated through participation in any Source Reduction and Recycling Programs which are implemented by the City. No significant impacts are anticipated as a result of this project. 12.g. The project will not result in a need for new systems or supplies, or substantial alterations to local or regional water supplies. Reference response 12.d. No significant impacts are anticipated as a result of this project. Aesthetics 13.a. The project will not affect a scenic vista or scenic highway. The project is not located in a area where there is a scenic vista. Further, the City does not have any designated scenic highways. No significant impacts are anticipated as a result of this project. 13.b. The project will not have a demonstrable negative aesthetic effect. The project is a industrial/office/warehouse use in an area of existing and proposed similar uses. 13.c. The project will have a potentially significant impact from light and glare. The project will produce and result in light/glare, as all development of this nature results in new light sources. All light and glare has the potential to impact the Mount Palomar Observatory. The project will be conditioned to be consistent with Ordinance No. 655 (Ordinance Regulating Light Pollution). After mitigation measures are in place, no significant impacts are anticipated as a result of this project. Cultural Resources 14.a. The project will not have an impact on paleontological resources. The site has been disturbed from prior grading activity. The Eastern Information Center of the University of California at Riverside has reviewed the project and a Phase I cultural rasouroe study identffied no cultural resources. No significant impacts are anticipated as a result of this project. 14.b,c,d The project will not disturb archaeological resources nor affect historical or unique ethnic resources or values. The Final Environmental Impact Report (FEIR) for the City's General R:XCEQAX7PA97.EA ckd Plan does not identify the site as being within an sensitive archaeological area. The site is not listed an identified historical site in the inventory contained in the FEIR. No significant impacts are anticipated as a result of this project. 14.e. The project will not restrict existing religious or sacred uses within the potential impact area. No religious or sacred uses exist at the site or are proximate to the site. No significant impacts are anticipated as a result of this project. Recreation 15.a,b. The project will have a less than significant impact or increase in demand for neighborhood or regional parks or other recreational facilities. The project will not cause significant numbers of people to relocate within or to the City of Temecula. However, it will result in an incremental impact or in an increase in demand for neighborhood or regional parks or other recreational facilities. The same is true for the quality or quantity of existing recreational resoumes or opportunities: No significant impacts are anticipated as a result of this project. R:\CEQA\7PA97. EA ckd ATTACHMENT NO. 3 MITIGATION MONITORING PROGRAM E ATTACHMENT NO. 4 EXHIBITS R:~STAFPRP~7!~a97.PC 4/29/97 c3ul 19 CITY OF TEMECULA PROJECT SITE r It I II NORTH CASE NO. - PA97-0007 EXHIBIT - A LANNING COMMISSION DATE - MAY 5, 1997 VICINITY MAP R:\STAFFRPT~Tpa97.PC 4/'2,8/~7 ckd CITY OF TEMECULA P CC BP BP H M BP PROJECT Sn'E BP OS r'/ < P > BP BP OS CC CC /- CASE NO. - PA97-0007 EXHIBIT- B PLANNING COMMISSION DATE - MAY 5, 1997 GENERAL PLAN MAP R:~STAFFRPT~7pa97.I'C 4/28/97 ckd CITY OF TEMECULA CASE NO. - PA97-0007 EXHIBIT - c 'LANNING COMMISSION DATE - MAY 5, 1997 ZONING MAP R:~STAFFRPTX7pa97.PC 4/'28/97 ckd CITY OF TEMECULA I ~'~ W. DEAN DAVID8ON CASE NO. - PA97-0007 EXHIBIT - D PLANNING COMMISSION DATE - MAY 5, 1997 SITE PLAN R:~STAFFRFI~7pa97.PC 4/28/97 ckd tl CITY OF TEMECULA 8C~'7H B.EVATK~N ,/ CASE NO. - PA97-0007 EXHIBIT- E LANNING COMMISSION DATE - MAY 5, 1997 ELEVATIONS CITY OF TEMECULA CASE NO. - PA97-0007 EXHIBIT - F PLANNING COMMISSION DATE - MAY 5, 1997 FLOOR PLAN R:'xSTAFFRPT~7pa97.PC 4/28/97 ckd I CITY OF TEMECULA AVE/iDA ALVAFIADO CASE NO. - PA97-0007 EXHIBIT - G LANNING COMMISSION DATE - MAY 5, 1997 LANDSCAPE PLAN ITEM #7 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION May 5, 1997 Planning Application No. PA95-0127 Comprehensive Sign Ordinance Prepared By: Saied Naaseh, Associate Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission continue the discussion of the Sign Ordinance. APPLICATION INFORMATION APPLICANT: City of Temecula PROPOSAL: A Request to Recommend Approval of a Comprehensive Sign Ordinance LOCATION: Citywide BACKGROUND This item was continued by the Planning Commission from the April 21, 1997 meeting. At that meeting, Planning Commission took public testimony, initiated the discussion of the Sign Ordinance and recommended a number of changes to the Ordinance. Some of these changes will require further staff analysis and will be presented to the Commission as soon as the analysis by staff is complete. The items to be researched by staff include: stricter requirements for vehicle signs and the height of freeway signs in relation to ever growing landscaping. The changes recommended by the Commission will ultimately be incorporated into a redlined Ordinance prior to the final action by the Commission. DISCUSSION At the last meeting, the Commission stopped their discussion on Page 12, Section 17.28.070 (a) (4). The discussion of the Planning Commission included prohibiting painted window signs, exploring other means than the Sign Ordinance to prohibit certain vehicle signs, reducing the permitted area for Window Signs to less than 10% of the window area, and the height of freeway signs in relation to the ever growing landscaping. The members of the public requested the Planning Commission to ensure adequate signage for multi tenant office buildings and adequate freeway signage for small commercial centers along the freeway. In addition, creating an aesthetically pleasing community through appropriate sign regulations will make Temecula an inviting place for businesses to relocate. Staff recommends the Ranning Commission continue the discussion of the Ordinance, until the entire Ordinance is discussed by the Commission. Attachments: 1. April 21, 1997 Planning Commission Staff Report - Blue Page 2 ATTACHMENT NO. 1 APRIL 21, 1997 PLANNING COMMISSION STAFF REPORT STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION April 21, 1997 Planning Application No. PA95-0127 Comprehensive Sign Ordinance Prepared By: Saied Naaseh, Associate Planner RECOMMENDATION: The Planning Department Staff recommends Commission adopt PC Resolution No. 97- APPLICATION INFORMATION APPLICANT: PROPOSAL: LOCATION: BACKGROUND This item was continued off-calendar from the February 12, 1997. the Planning City of Temecula A Request to recommend approval of a Comprehensive Sign Ordinance Citywide At that meeting staff requested Planning Commission's direction on six issues regarding the Sign Ordinance. The following summarizes the Ranning Commission's direction on these issues: Non-Conforming Signs The Planning Commission determined that all legal non-conforming signs should be permitted to exist without starting any amortization period until a sign inventory has been completed. After the inventory, the Ordinance will be amended to add provisions relating to the removal of non-conforming signs, refer to Section 17.28,960. Uniform Real Estate Signs The Planning Commission determined that real estate signs do not need to follow a uniform design standard. As a result, this provision has been deleted from the Ordinance. Placement of Freestanding Signs either Parallel or Per30endicular to Streets The Planning Commission determined that most signs should be placed perpendicular to the street; but that the Ordinance needs to be flexible to permit other orientations. As a result, changes have been made to Section 17.28,070 (a) (1) d. Minimum Size of Centers for Permitting Freestanding Freewav Oriented Signs The Planning Commission was split on this issue and requested staff to provide information regarding undeveloped parcels along the freeway. This information is discussed in more detail later in the Staff Report in the Discussion Section. Minimum Letter Sizes for Multi Tenant Signs The Planning Commission determined that five inch (5") minimum letter sizes with ten inch (10") panels and one panel per line should ensure the visibility of the tenants on multi tenant signs. This has been addressed in Sections 17.28.230 (a) (5), (6), and (7). Multi Tenant Signs in Industrial Districts The Planning Commission determined that multi tenant signs are appropriate for industrial districts and directed staff to bring back the standards for these signs for the Commission's review. This is also discussed later in the Staff Report in the Discussion Section. DISCUSSION The first time the Planning Commission reviewed the proposed Sign Ordinance was in October 21, 1996. Since that time, the ordinance has been modified substantially as a result of Sign Committee, Comment Group, and City Attorney recommendations. As a result, staff has included a redline/strike out version of the current Ordinance in Attachment 2. This version shows only the major changes to the original ordinance and does not include minor grammatical modifications. In this Ordinance, the new language is shown as ~ and deleted language as ~!~ (shadow). In addition, Attachment 1, Exhibit A includes the most up to date version of the Ordinance that is being recommended for approval by the Sign Committee and staff, Permitting Multi-Tenant Signs in Industrial Districts At the previous meeting, the Commission stated that multi tenant signs in industrial districts should be allowed and requested that staff develop standards for these signs. Staff has evaluated some of the existing signage and recommends the following standards: Each center shall be allowed one multi tenant sign. However, if the center has more than one street frontage, one multi tenant sign per street frontage shall be allowed. Maximum sign structure height shall be 6 feet. Maximum sign area shall be 20 square feet. The center name may be added to multi tenant signs but the total sign area including the center name shall not exceed 20 square feet. The maximum number of signs per panel shall be one. The minimum panel width shall be 5 inches. The minimum letter size shall be 3 inches. Minimum Size of Centers for Permitting Freestanding Freeway Oriented Signs The Planing Commission requested staff to provide vacant parcel and existing center sizes along the freeway. This information is provided in Attachment 3 along with the frontage for each parcel. Staff continues to recommend a minimum 7 acres for centers in order to permit multi tenant signs. The following represents the acreage of the existing centers adjacent to the freeway that are between 3 and 7 acres: #5 Carl's Jr. and Kragen Center //36 Tony Romas #72 Mini Mart, Around a Buck Winchester and Ynez 3.52 Acres Jefferson south of Winchester 4.56 Acres South Front Street 4.48 Acres The following represents the individual vacant parcels between 3 and 7 acres that could be developed as centers: #3 #16 West of Ynez north of Gold's Gym 6.5 Acres West of Ynez between the car dealers and Tower Plaza 4.5 Acres Attachment 4 includes correspondence from the Chamber of Commerce supporting Mr. Fred Grimes's position on the six remaining issues discussed in the previous Planning Commission hearing. Mr. Grimes was a member of the Comment Group and the Chamber of Commerce had a representative on the Sign Committee to represent the interests of the Chamber. ENVIRONMENTAL DETERMINATION The Planning Commission hereby determines that the provisions of this Ordinance will have no effect on the environment and the proposed Ordinance is therefore exempt from requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3). This section indicates that, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to the provisions of CEQA. GENERAL PLAN CONSISTENCY This project is consistent with the General Plan since the General Plan implementation program requires the City to adopt sign standards for residential, commercial, and industrial areas. Through the adoption of this Ordinance, General Plan goals relating to the urban design and community character are being fulfilled. FINDINGS Adoption of the Ordinance would: 1. Provide for effective business signage; Assure that signs are compatible with the character of their surroundings and the community as a whole; Preserve and improve the appearance of the City as a place to live, work, trade, do business and visit; Protect the City from the blighting influence of excessive signage so as to preserve and enhance the economic base of the City and safeguard property values within the City; Assure that signs are appropriate to the type of activity to which they pertain; Regulate signs so as to avoid increasing the hazards to motorists and pedestriar~s caused by distracting signage; Recognize that the eventual elimination of existing signs that are not in conformity with the provisions of this Chapter requires further analysis of the existing signs in the City. Attachments: PC Resolution No. 97- - Blue Page 5 Exhibit A - Ordinance No. 97- - Blue Page 9 Redlined Copy of the Sign Ordinance - Blue Page 10 Inventory of Vacant Parcels and Existing Center Sizes - Blue Page 11 Chamber of Commerce Correspondence - Blue Page 12