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HomeMy WebLinkAbout090897 PC AgendaTEMECULA PLANNING COMMISSION September 8, 1997, 6:00 PM 43200 Business Park Drive Council Chambers Temecula, CA 92390 CALL TO ORDER: Chairman Fahey ROLL CALL: Fahey, Gucrricro, Miller, Slaven and Soltysiak PUBLIC COMMF~NTS A total of 15 minutes is provided so members of the public can address the commissioners on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commissioners about an item not listed on the Agenda, a pink "Request to Speak" form should be filled out and ~ed with the Commission Secretary. When you arc called to speak, please come forward and state your name and address. For all other agenda items a "Request to Speak" form must be filed with the Planning Secretary before Commission gets to that item. There is a three (3) minute time limit for individual speakers. COMMISSION BUSINESS 1. Approval of Agenda PUBLIC HEARING ITEMS Case No: Applicant: Location: Proposal: Environmental Action: Planner: Recommendation: PA97-0174 (Development Plan) Costar Mark P. Esbens~n Approximately 400 feet southwest of the intersection of Rancho California Road and Ridge Park Drive (Assessor's Parcel Number 940-310-34). The design and construction of two (2) office and manufacturing buffrings totaling 13,108 square feet. Negativc Declaration Patty Anders Approval 3. Case No: Planning Application No. PA97-0142 (Tentative Tract Map No. 23371- Revised) Planning Application No. PA97-0143 (Tentative Tract Map No. 28526) Planning Application No. PA97-0144 (Tentative Tract Map No. 28482) Applicant: Location: Proposal: Environmental Action: Planner: Recommendation: Planning Application No. PA97-0160 (Amendment No.3 to Specific Plan No. 199) Pbnnin.~ Application No. PA97-0161 (General Plan Amendment) Planning Application No. PA97-0204 (Amendment and R,~tat~ment of Devdopment Agreement for Specific Plan No. 199, Village A) Temeku Hills Development Partners, L.P. South ofLa Serena Way, east of Margarita Road, west of Meadows Parkway, north of Rancho California Road, within the Temeku Hills Specific Plan (formerly Margarita Village) A. To change the General Plan density designations ~'om Low Medium Density Residential to Low Density within Planning Area 2; ~'om Neighborhood Commercial to Medium Density Residential within Planning Area 38; and fi'om Medium Density Residential to Low Medium Density Residential within Planning Area 40; all within Specific Plan No. 199, Temeku Hills (formerly Margarita Village).. B. To request approval of Amendment No. 3 to Specific Plan No. 199, Temeku Hills (formerly Margarita Village). C. To request approval of Amendment and restatement of Development Agreement for Specific Plan No. 199, VHlage A) D. To subdivide 74.5 acres into 368 single family residential lots, 2 landscape lots and 2 open space/recreational lots (Tentative Tract Map No. 28482). E. To subdivide 6.04 acres into 44 single family residential lots (Tentative Tract Map No. 28526). F. To revise the subdivision of 118.3 acres within Tentative Tract Map No. 23371, creating 474 single family residential lots, and 1 park site. Determination of Consistency with a project for which an Environmental Impact Report (EIR) was previously certified Carole Donahoe, Project Planner Approval PLANNING MANAGERS REPORT PLANNING COMMISSION DISCUSSION OTHER BUSINESS Next meeting: ADJOURNMF~NT September 15, 1997 - Regular Planning Commksion meeting ITEM #2 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Debbie Ubnosk/,'P~/lanning Manager September 8, 1997 Planning Application PA97-0174 (Development Plan) Prepared by: Patty Anders, Assistant Planner Planning Application PA97-0174 is a Development Plan request to construct and operate two office buildings totaling 13,108 square feet on a one acre site located approximately 400 feet southwest of the intersection of Rancho California and Ridge Park Drive. The subject site is located in the BP (Business Park) zoning classification and is surrounded by Business Park and Light Industrial (LI) zones. After receiving a formal application submittal, staff thoroughly analyzed the area, the underlying zoning classifications, the existing architectural styles, the applicant's proposed design, and the City- Wide Design Guidelines. After considering all of these issues, staff determined that the proposed design was consistent with the City-Wide Design Guidelines and was an appropriate architectural style for the Business Park and Light Industrial zoning classifications which surround the subject site. In contrast, some of the other structures in the area don't appear to be entirely appropriate with the City's industrial zoning designations. Moreover, staff felt the proposed design with the curved, blue reflective glass, red horizontal ~ and blue signage created a high quality, contemporary design that was in proper scale in terms of bulk and mass. The application was heard by the Planning Commission on August 18, 1997. The Commission expressed concern with the project's architectural compatibility with the existing structures to the south and east. The Commission directed staff to work with the applicant to revise the project to be more compatible in terms of overall design, colors and materials with the existing structures. Staff has meet with the owner's architect and representative to discuss alternative design options. Staff also reviewed the City-Wide Design Guidelines again and found that the proposed design is consistent with the Design Guidelines. The owner and architect considered a color change to a more earth-tone color; however, it was felt that the company's lapis blue signage would not integrate well with a earth-tone building color. Therefore, the applicant is requesting that the Planning Commission consider approving the design of the buildings as proposed. R:~STAFFRFBI74PA97.PC'2 9/3/97 pa The previous staff report is included for the Commission's consideration of these applications. Attachment: 1. August 18, 1997 Staff R~port - Blue Page 3 R:\STAFFRPT~174PA97.PC2 9/3/97 pa ATTACHMF-NT NO. 1 AUGUST 18, 1997 STAFF REPORT R:',STAFFR/rI~I74PAQT.PC'2 913197 ps 3 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION August 18, 1997 Planning Application No. PA97-0174 - Development Plan (Mark P. Esbensen) Prepared By: Patty Anders, Assistant Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: ADOPT the Negative Declaration for Planning Application No. 97-0174; ADOPT the Mitigation Monitoring Program for Planning Application No. 97-0174; ADOPT Resolution No. 97- approving Planning Application No. 97-0174 based upon the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: Mark P. Esbensen / Costar REPRESENTATIVE: DLS Builders PROPOSAL: To construct and operate two office buildings totaling 13,108 square feet on a one acre site. LOCATION: Approximately 400 feet southwest of the intersection of Rancho California and Ridge Park Drive. GENERAL PLAN DESIGNATION: BP (Business Park) EXISTING ZONING: BP (Business Park) SURROUNDING ZONING: North: South: East: West: BP (Business Park) and LI (Light Industrial) BP (Business Park) LI (Light Industrial) LI (Light Industrial) PROPOSED ZONING: Not requested EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: Vacant South: Office Buildings East: Office Buildings West: Vacant PROJECT STATISTICS Total Area: Building Area: Landscape Area: Paved Area: Parking Required: Parking Provided: Building Height: 1 acre 9,856 square foot office and warehouse building, and a 3,252 square foot office building, totalling 13, 108 square feet of building area 10,516 square feet 19,936 square feet 40 spaces 42 spaces 24 feet BACKGROUND A pre-application meeting was held for this project on March 12, 1997. The application was formally submitted to the Planning Department on May 20, 1997. A Development Review Committee (DRC) meeting was held on June 12, 1997. The project was deemed complete on July 21, 1997. PROJECT DESCRIPTION The project consists of a Development Plan application for the design, construction, associated landscaping and parking for two office buildings on a one acre parcel. Building 'A' is 9,856 square feet with 1,103 square feet of shipping and receiving area, and 8,753 square feet of office space. Building 'B' is a 3,252 square foot shell office building. Both buildings total 13,108 square feet. The subject parcel is a pie shaped lot with the wider portion of the parcel along Ridge Park Dnve. Therefore, the larger building ('A') is located at the front or east side of the parcel, and the smaller building ('B') is located at the rear or western portion of the site. ANALYSIS Site Design The project is designed with access being taken from an existing 40 foot shared access easement off of Ridge Park Drive. 20 feet of the easement is located on the southern portion of the subject site, and 20 feet is located on the adjacent parcel. The site is designed with good internal circulation with easy, safe access to both buildings, and complies with the necessary setback and parking requirements, handicap accessibility and fire truck turn around. Therefore, the site design is consistent with the provisions of the Development Code and the Design Guidelines in reference to building location, parking and site circulation. Architecture & Colors The buildings were designed as contemporary style office buildings, both with an off-white ("Arizona White") color and blue reflective glass with red horizontal trim. Building 'A' is proposed as a painted, concrete tilt-up building, and Building 'B' is proposed to be off-white ("Arizona White") stucco exterior finish. The proposed signage for both buildings is "Lapis Blue" which also adds to the overall contemporary design. The site was designed with Building 'A' close to the street, with the parking in the center of the site. As a result, the parking area is screened by the building, and is not highly visible from the Ridge Park Drive. The east elevation of Building 'A' is very architiculated with curved, blue reflective glass, a red horizontal trim and two curved patio areas that will have blue umbrellas and will be screened with landscaping. The design, materials, trim and heavy use of windows creates a very visually appealing elevation along Ridge Park Drive. Building 'A' has defined the main entry on the west elevation by utilizing a similar blue reflective glass (spandrel) around the main entry doors. Building 'B' only has one set of entry doors which are defined by using blue reflective glass. The blue reflective glass, red horizontal trim and blue signage create contemporary structures that add interest and depth to the building. The two buildings work well together by utilizing the same color, materials, similar design and signage. The subiect site is located in the Business Park zoning classification and is surrounded by Light Industrial and Business Park zoning classifications. The various zoning classifications have resulted in a variety of architectural styles in the immediate area. The subject's proposed contemporary architecture is determined to be an appropriate and compatible design for the Business Park zoning classification in terms of overall design, color, materials, site design and bulk and mass. Landscaoing The project proposes to landscape 24.16 percent of the site which is just under the minimum requirement of 25 percent in the BP (Business Park) zone; however, the landscaping that is proposed is considered adequate to help screen the necessary elements of the elevations such as the patio walls facing Ridge Park Drive and the parking area. The site meets the requirement of a minimum five foot wide landscape planter around its perimeter. There is an existing landscaped area along the frontage of Ridge Park Drive; however, the applicant will be required to install sidewalks along Ridge Park Drive. The applicant is proposing to save as much of the existing landscaping as possible, Landscaping in the form of berming and planrings has been included along the front of the project. EXISTING GENERAL PLAN AND ZONING DESIGNATION The General Plan Land Use designation and the zoning classification for the site is BP (Business Park), Business offices with associated warehouse uses are permitted with the approval of a Development Plan, pursuant to Chapter 17.05 of the Development Code, The project as proposed is consistent with the General Plan and the Development Code. R:~STAF~P-PT~I74PA97.l~C 816197 k~ ~3 ENVIRONMENTAL DETERMINATION An initial Study has been prepared for this project. The Initial Study determined that although the proposed project could have a significant effect on the environment, these effects are not considered to be significant due to mitigation measures contained in the project design and in the Conditions of Approval for the project. Any potentially significant impacts will be mitigated. SUMMARY/CONCLUSIONS The project is compatible with the surrounaing land uses, The architecture complements the existing development to the south and is the appropriate type of architectural design for the Business Park (BP) zoning district. The proposed contemporary design contributes to an aesthetically appealing presence along Ridge Park Road. Therefore, it is staffs opinion that the proposed project is consistent with the City's General Plan, Development Code and Design Guidelines. FINDINGS The proposed use is in conformance with the General Plan for Temecula 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 (Mr. 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 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 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. R:',STAFFP, FF',I74PA97.PC 816197 kJb 4 Attachments: PC Resolution - Blue Page 6 A. Conditions of Approval - Blue Page 10 Initial Study - Blue Page 20 Mitigation Monitoring Program - Blue Page 38 Exhibits - Blue Page 45 A, Vicinity Map B. Zoning Map C. General Plan D. Site Plan E. Elevation F. Landscape Ran ATTACHMENT NO. 1 PC RESOLUTION NO. 97- ]~:\STAFI~,I~'~I74PA97.pC 816197 A'i'i'ACHAMF. iNT NO. 1 PC RESOLUTION NO. 97- A RESOLUTION OF ~ PLANNING COMMISSION OF THE CITY OF TE1VIECULA APPROVING PLANNING APPLICATION NO. 97--0174 (DEVELOPMENT PLAN) TO CONSTRUCT AND OPERAIE T~VO O~'~ICE BUII.nINGS TOTAI.ING 13,108 SQUARE FEET ON A ONE ACRE SITE, LOCATED APPROXIMATELY FOUR HUNDI~RB (400) FEET SOUTHWEST OF ~ INTERSECTION OF RANCHO CALIFORNIA AND RIDGE PARK DRIVE KNOWN AS ASSESSOR'S PARCEL NO. 940-310-0M ~, Mark P. Esbensen filed Planning Application No. 97-0174 (for Development Plan) in accordance with the City of Temecula General Plan and Development Code; ~, Planning Application No. 97-0174 (Development Plan) was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. 97-0174 ('Development Plan) on August 18, 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, ff any, of all persons desixing to be heard, the Commission considered all facts relating to Planning Application No. 97-0174 (Development Plan); NOW, THEREFORE, THE PLANNING COMiMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERNfINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. F_iacljag~ The Planning Commission, in approving Planning Application No. 97-0174 (Development Plan) makes the following findings; to wit: A. The proposed use is in conformance with the General Plan for Temecula 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 (Mr. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions. R:\STAFFRFFX174pA97,pC 816/97 klb 7 B. The overall development of the land is designed for the protection of the public health, safety and welfare. The pwj~ct 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 plyposed 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 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 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. Environmental Compliance. An Initial Study was prepared for this project and 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 Mitigated Negative Declaration, therefore, is hereby adopted. Section 4. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No. 97-0174 to construct and operate two office buildings totaling 13,108 square feet on a one acre parcel located on Ridge Park Drive, approximately four hundred (400) feet northeast of the intersection of Rancho California Road and Ridge Park Drive known as Assessor's Parcel No. 940-310-034 subject to Exhibit A, attached hereto, and incorporated herein by this reference and made a pan hereof. Section ~. PASSED, APPROVED AND ADOPTED this 18th day of August, 1997. Linda Fahey, Chairman I }IERERy CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a reg.hr meeting thereof, held on the 18th day of August, 1997 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary EXHIBIT A CONDITIONS OF APPROVAL R:\STAFFRPT~I74pA97.pC 8/6/97 kfo 10 CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA97-0174 IDevelopment Plan - Mark P. Esbensen) Project Description: A Development Plan for the deign, construction and associated parking for two office buildings totaling 13,108 square feet Assessor's Parcel No.: 940-310-O34 Approval Date: August 18, 1997 Expiration Date: August 18, 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 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 pro}act granted shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c}. General Requirements The use hereby permitted by the approval of Planning Application No. 97-0174 (Development Plan) is for the operation, design and construction of two office buildings totalling 13, 108 square feet. The primary use of the proposed structures is office with limited shipping and receiving (1,103 square feet of Building 'A'). All activities shall be within enclosed buildings, and no outdoor storage is permitted. 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. 9%0174 (Development Plan). 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 R:XSTAFFRP"FxI74pA97.PC 816197 k~ 11 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. 97-0174, or as amended by these conditions. a. A minimum of forty (40) parking spaces shall be provided. b. A minimum of two (2) handicapped parking spaces shall be provided. c. Two (2) Class I lockers or Class II bicycle racks shall be provided. Landscaping shall conform substantially with the approved landscape plan, or as amended by these conditions. Landscaping installed for the project shall be continuously maintained to the satisfaction of the Planning Manager. If it is determined that the landscaping is not being maintained, the Planning Manager shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. 9. Building elevations shall conform substantially with the approved plans (Color elevations), or as amended by these conditions. 10. All mechanical and roof equipment shall be screened from public view. 11. The applicant shall submit the actual colors (Frazee manufacturer and number) to be used for the project. The colors and materials used shall conform substantially with the approved color and material board, or as amended by these conditions. Material Building 'A'- Concrete Tilt-Up Panel Building 'B' - Exterior Stucco Finish Horizontal Trim on Glass Reflective Glass Reflective Glass Color Arizona White No.5830W Arizona White No. 5830W SafetyRed Blue Reflective Glass SRandel Glass to match Blue Reflective Glass Prior to the Issuance of Grading Permits 12. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code. 13. The applicant shall demonstrate by submittal of a written report tha~ 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 14. A Consistency Check fee shall be paid. R:\STAFFR2rI'XI74PAg'7.PC 816197 kF~ I 2 15. 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. 16. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for approval. 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. The plans shall be accompanied by the following items: Appropriate filing fee (per the City of Temecuta Fee Schedule at time of submittal). b. One (1} copy of the approved grading plan. c. Water usage calculations per Ordinance No. 94-22 (Water Efficient Ordinance). d. Total cost estimate of planrings and irrigation (in accordance with the plan). 17. 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 18. An application for signage shall be submitted and approved by the Planning Manager. 19. Roof-mounted equipment shall be inspected to ensure it is shielded from ground view. 20. All landscaped areas shall be planted in accordance with approved landscape, irrigation, and shading plans. 21. 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. 22. 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: R:\STAFFRFI~F74pAg'7.pC 8/6/97 k~o 13 "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 surtace identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. 23. Performance securities, in amounts to be determined by the Planning Manager to guarantee the installation of planrings. walls. and fences in accordance with the approved plan, and adequate maintenance of the Planting for one year, shall be filed with the Department of Planning. 24. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 25. 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 26. 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. 27. Submit at time of plan review complete exterior site lighting plans in compliance with Ordinance Number 655 for the regulation of light pollution. 28. Obtain all building plan and permit approvals prior to commencement of any construction work, 29. Obtain street addressing for all proposed buildings prior to submittal for plan review. 30. The occupancy classification of the proposed use shall be determined at time of plan review. 31, All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1994). 32. Provide disabled access from the public way to the main entrance of the building. 33. Provide van accessible parking located as close as possible to the main entry. 34. Show path of accessibility from parking to furthest point of improvement. 35. Provide house electrical meter provisions for per for the operation of exterior lighting, fire alarm systems. 36. Restroom fixtures. number and type, to be in accordance with the provisions of the 1994 edition of the Uniform Plumbing Code, Appendix C. 37. Provide an approved automatic fire sprinkler system as needed by occupancy. 38. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 39. Provide electrical plan including load calcs and panel schedule, plumbing schematic and mechanical plan for plan review. 40. Truss calculations that are stamped by the engineer of record and the truss manufacturers engineer are required for plan review submittal, if used for the construction. 41, Provide precise grading plan for plan check submittal to check for handicap accessibility. Show all ramps, sidewalks, walks, grades, handrails, etc. 42. Provide an accessible path of egress, away from the building, from northern door of building. 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 A Grading Permit for precise grading, includir~g 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. 44. 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 Issuance of a Grading Permit 45. A 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. R:',STAFFRFI'xI74pA97.pC 816197 k~ 15 46. 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. 47. 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. 48. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Riverside County Flood Control and Water Conservation District Planning Department Department of Public Works 49. 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. 50. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 51. The Developer shall obtain any necessary letters of approval or slope easements for offsite work performed on adjacent properties as directed by the Department of Public Works. 52. An Area Drainage Plan fee shall be paid 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. Prior to Issuance of a Building Permit 53. 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. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400 and 401. Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans. All concentrated drainage directed towards the public street shall be conveyed through under sidewalk drains. 54. 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 Ridge Park Drive (Secondary Highway Standards - 88' R/W) to include installation of sidewalk, street lights, and drainage facilities. 55. 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. 56. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 57. 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 58. 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 59. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 60. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Del~artment of Public Works. TEMECULA COMMUNITY SERVICES DEPARTMENT Prior to installation of street lights or issuance of building permits, whichever comes first, the applicant, or his assignee, shall pay the appropriate fees for the dedication of arterial street lights into the TCSD maintenance program FIRE DEPARTMENT 62. 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 Temecula Ordinances and recognized fire protection standards. A fire flow of 1500 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. R:\STAFFRY'I~I74PA~7.PC 8/6/97 Idb 17 63. 64. 65. 66. 67. 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 vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. Applicant/developer shall furnish one copy of the water 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 installed and accepted by the appropriate water agency prior to any combustible building materials being placed on the job site. Prior to the issuance of building permits, the developer shall pay $.25 per square foot as mitigation for fire 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 Temecula. THE FOLLOWING CONDITIONS MUST BE MET PRIOR TO OCCUPANCY. 68. 69. 70. 71. 73. 74. Install a complete fire sprinkler system in building A. 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 supervised waterflow monitoring fire alarm system in building A. Plans shall be submitted to the Fire Department for approval prior to installation. Knox Key lock boxes shall be installed on all buildings/suites. If building/suite requires Hazardous Material Reporting (Material Safety Data Sheets) the Knox HAZ MAT Data and key storage cabinets shall be installed. 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. All exit doors shall be openable without the use of key or special knowledge or effort. Occupancy separation walls will be required as per the Uniform Building Code, Section 302.4. Install portable fire extinguishers with a minimum rating of 2AI OBC. Contact a certified extinguisher company for proper placement. It is prohibited 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. R:~STAFYPd"~I74pA97.pC 816/97 klb 18 75. 76. 77. 78. 79. 80. 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. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and or signs. Street address shall be posted, ~n a visible location, minimum 12 inches in height, on the street side of the building with a contrasting background. All buildings shall be constructed with fire retardant roofing materials as described in The Uniform Building Code. Any wood shingles or shakes shall be a Class "B" rating and shall be approved by the fire department prior to installation. Final conditions will be addressed when building plans are reviewed in the Building and Safety Office. Please contact the Fire Department for a final inspection prior to occupancy. OTHER AGENCIES 81. The applicant shall comply with the recommendations set forth in the Riverside County Flood Control transmittal dated June 24, 1997, a copy of which is attached. 82. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated June 16, 1997, a copy of which is attached. 83. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated June 4, 1997, a copy of which is attached. 84. The applicant shall comply with the recommendations set forth in teh City of Temecula Police Department transmittal dated June 2, 1.997 that are not in conflict with the City of Temecuta Conditions of Approval. By placing my signature below, I confirm that I have read, I understand and I accept all the above mentioned Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Planning Department approval. Applicant Name R:XSTAFF'Pj~'xI74PA97.l~C 8/6/97 Idb 19 DAVID P. ZAPPE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT City of Ternecula Ptannin Department 43200 li~usiness Park Drive Temecula, California 92590 Attention: P~TTv A/M ~ F. tR_~, . Ladies and Gentlemen: 1995 MARKET STREET RIVERSIDE, CA 92501 909/275-1200 909/788-9965 FAX ........ 7829. Re: IP g q - l q The District does not normally recommend conall'dons for land divisions or other land use cases in incorporated cities. The District also does not p an check city and use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases D strict comments/recommendations for such cases are normally limited to items of spec fic riterest to the D sthct inctud ng Disthct Master Drains e Plan facilities oti~er regional flood control and drains e fad ties which could be cons alered a ogical componentlot extension of a master plan system, and Disthct Area ~reainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the reposed project in detail and the following checked comments do not in an wa constitute or imply District appmv;l~or endorsement of the proposed project v/ffih respect to flood hazard, public ~t;al~ and safety or any other such issue: L.//This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. This project involves District Master Plan facilities. The District will accept ownership of such facilities on wdtten request of the City. Facilities must be constructed to Distdct standards, and D~strict plan 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 larger in diameter, or other facilities that could be cons dered 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 Ci . Facilities must be constructed to District standaYs and District plan check and inspection will be reduired%r Disthct acceptance. Plan check, inspection and administrative fees will be required. Vt:It.-cg Distric~or Ci dot to final ap royal of the pro'ect. or in t~e case of a arcel map or subdivision prior to recordation ;t'(tge final map. ~'Pges to be paid s~ould be at the rate in efiPeac~ at the time of recordation, or if deferred, at the time of issuance of the actual permit GENERAL INFORMATION This project may require a National Pollutant Discharge Eliminatiori S stem (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordslion, or other ~V;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 EmergenCy Management Agency (FEMA) mapped flood plain, then the City should require }t~e applicant to rovide all studies calculations, plans and other reformation required to meet FEMA requirements and should f~rther require that ;.he applicant obtain a Conditional Letter of Map Revision (CLOMR) pdor to grading. recordslion or other final approval of the project. and a Letter of Map Rev s on (LOMR) prior to occupancy. If a natural watercourse or mapped flood plain is im acted by this project, the City should require the a ticant to obtain a Section 1601/1603 A teemerit from the California Department of Fish and Game and a Clean ~ater Act Section 404 Permit from the U.B. Army Corps of En ineers, or wdtten correspondence from these agencies indicating the project is exempt from these requirements. A~lean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, STUART E. MCKIBBIN Senior Civil Engineer Date:-- County of Riverside DEPARTMENT OF ENVIRONMENTAL HEALTH DATE: June 16, 1997 TO: FROM: CITY OF TEMECULA PLANNING DEPARTMENT ATTN: Patty Anders GREGOR DELLENBACH, Environmental Health Specialist IV PLOT PLAN NO. PA97-174 (Development Plan) Department of Environmental Health has received and reviewed the Hot Plan No. PA97-174 (Development Plan) and has no objections. Sanitary sewer and water services may be available in this area. PRIOR TO PLAN CHECK SUBMITTAL, "will-serve" letters from the water and sewering agencies will be required. GD:dr { c~09> 275-8980 ancho June 4,1997 Ms. Patty Anders, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY PARCEL 2 OF PARCEL MAP 23968 APN 940-310-034 P_ANN!NG APPLICATION NO. PA97-!74 Dear Ms. Anders: 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, the 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 rights, if any, to RCWD. If you have any questions, please contact an Engineering Services Representative at this office. SincereIv RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 97ISB eb10OlFO121FEF c: Laurie '¢Alfiams, Engineering Services Supervisor City of Temecula Temecula Police Department June 2, 1997 Planning Department PA97-174 (Construct 2 offices and manufacturing buildings) Case Planner: Patty Andera Wiffi respect to the conditions of approval for the above referenced project, the Poice Department recommends the following 'Officer Safety' measures be provided in accordance with City of Temecula Ordinances and/or recognized pogce safety standards and training codes: 1. Applicant shall ensure all landscaping surrounding the bugcling are maintained at a height no greater than thirty-eLx {36) inches. 2. Applicant shall ensue all trees on the property are maintJiined away from all build'rags as to deter root accessabirAy fo~ suspect(s}, 3. Additionally, plants. $hrubbel~ and trees will be maintained in ereas not designated for foot trafFH; or areas to create any dead spots for suspects to hide or conceal themselves both day/night time hours. 4, Light fixtures shall be installed to iUuminate aft perking areas, driveways, end pedestrian walkways. Them areas shall be fit with a minimum maintained one {13 foot candle of lig~ at ground level, evenly dispersed acror. s the surface, eliminating all shadows, AJI extBrior light Furlurea shall be vandal resistant end po~itioned so as not to produce glare. The installation of al esterio~ lighdng shall be in compliance with Mt. Palemar LIghting Ordinance. 5. Vandal resistant light f'mutes shall be installed above all exterior doors on each building. These light fixtures shall ifiuminate the door surface with a minimum maintained one (1} loot candle of Eght at ground level, evenly dispersed. 6. All exterior ligh'~ng shall be controlled by timers or other means that prevent the lights from being turned off by unanthodzed persons. 7. Upon completion of each bugdlg, a monitored alarm system shall be installed to deter unauthorized entryburglary and to notify the Police Department of unauthorized intrusion. 8. AJI doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be of commercial or institutional grade. 9. Any public telephones located on the exterior of the factty shall be placed In e well-lighted, highly v~sglle area. and Instaled with e 'Call-Out Only* feature to deter loitering. 10. The address for the Iocafjon ~halJ be painted on the roof using numbers no hL~a than four (4) feet in height, in a color which contrasts the background and la highly visible du~ing the day and night-rime hours. 11. Roof hatches shall be painted 'International Orange.' 12. Street address shall be posted in e visible location, minimum 14 inches in height, on the street side of the building wiU1 a contrbo-'-'-,g background, iHonday J~ele 2, 1997 lO:11am -- From '9095062&38, -- Page 3e 8~/82/1997 18:59 9895862838 TE]~cs. A RI,!CIE PAGE 03 Any questions regarding l~e~e cond'rtions can be referred re, the PoEe. a Department Czlme Prevention & Plans Section {909) 506-2626. ATTACHMENT NO. 2 INITIAL ENVIRONMENTAL STUDY R:\,STA~I74pA97.pC 8/6~97kib 20 CITY OF TEMECULA Environmental Checklist 5 6, 7. 8 10 Project Ti~e: Lead Agency Name and Address: Contact Person and Phone Number: Project Location: Project Sponsor's Name and Address: General Plan Designation: Zoning: Description of Project: Surroundring Land Uses and Setting: Other public agencies whose approval Is required: Platruing Application No. PA97-0174 (Development Plan) Mark P. Esbensen City of Temeada, 43200 Business Park Drive Temeeula, CA 92590 Patty Anders, Assistant Planner, (909) 694-6400 Approximately 400 feet southwest of the intersection of Rancho Califorma and Ridge Park Drive. BP (Business Park) BP (Business Park) To construct and operate two office buildings totaling 13,108 square feet on a one acre site. Vacant land is to the north and escarpment is to the west. Office and warehouse buildings are to the east and south. Fire Deparanent, Health Department, Temecula Police Department, Eastern Mumcipal Water Disu-ict, Rancho California Water Dismet, Riverside Count},, Flood Conlxol, Southern California Edison, Southern California Gas Company, General Telephone R:',STAFFP, F~I74.pA97.PC g/6/~7 kab 21 ENVIRONMENTAL FACTORS pOTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Pomtially Significant Impact" as indicated by the checklist on the following pages~ [ ] Land Use and planning [ ] HaTards [ ] Population and Housing [ ] Noise IX] Geologic Problems [ ] Public Services IX] Water [ ] Utilities and Service Systems [ ] Air Quality IX] Aesthetics [ ] Transportation/Circulation [ ] Cultural Resources [ ] Biological Resources [ ] Recreation [ ] Energy and Mineral Resources [ ] Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: I fred that although the proposed project could have a sigm~cant effect on the environment, there will not be a sigm~cant effect in this case because the rmtigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. Signature Date: July 25. 1997 Pnnted Name: Pattv Anders For: City of Temecula R:\STAFFRF~I74pA97.PC 8/6/~7 klb ,2:2 ISSUES AND SLrppORTINO D~P~ORMATION SOURCES 1. LAND USE AND PLANNING. Would the proposal: a. Conflict with general plan designation or zoning? (Source 1, Figure 2-1, Page 2-17) b. Conflict with applicable environmenUfi plans or policies adopted by agencies with jurisdiction Over the project? c. Be incompatible with existing land use m the vicinity? d. Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? (Source 1, Figure 5-4, Page 5-17) e. 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 projects? (Source 1, Page 2-23) b ~nduce substantiaJ grow',h in an area either directly or indirectly (e.g. Through project in an ondeveloped area or extension of major infrastructure)? c. Displace existing housing, especially affordable housing? (Source I, Figure 2-1, Page 2-17) 3. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving? Fault rupture? (Source 1, Figure 7-1, Page 7-6) b Scisrmc ground shaking? c. Seisrmc ground failure, including liquefaction? (Source I, Figure 7-2, Page 7-8) d.Seiche, tsunaml, or volcanic baTnrd? Landslides or mudflows? Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? g. Subsidence of the land? (Source 2, Figure 7, Page 68) [] [] [] [] [] [] [] [] [) [] [] [] [] [] [] [] {1 [] [~ [] [J [] f~ f] fx] [] [] [] [] [] [~ [] [] [] [~ [] [] [] [~ [1 [1 [x] [] [J Ix] [] R:~TAFFRF~ITdPA~7,PC 8/6/97klb 23 ISSUES AND $UPPOR'rI~G INEORMATION SOURCE~ Sisni~am sipm,~ h. Expens:ve soils? i. Unique geologic or physical features? 4. 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 1, Figure 7-3, Page 7-10 and Figme 7-4, Page 7-12; Source 5) Discharge into surfarc waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? d. Changes in the amount of surface water in any water body7 Changes in currents, or the course or direction of water movern~ms? Change in the quantity of ground waters, either through direct additions or widiclrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? g Altered d/recUon or rate of flow of Foundwater? h Impacts to groundwater quality? Substantial reduction in the amount of groundwater otherwise available for public water supplies7 (Source 2, Page 263) 5. AI]R QUALITY. Would the proposal: Violate any air quality standard or contribute to an existing or projected air quality violation? (Source 3, Page 6-10 and 6-11, Table 6-2) b Expose sensitive receptors to polluta.nts7 c. Alter air movement, moisture or temperature, or cause any change in climate? [] [] Pq [1 [] [] [] ~ [] [] [x] [] [] Ix] [3 [] fx] [] [] [] [] ~] [] [] [] [] Pq [] [] [] ['x] [] [] [] [~ [] [] [] [xJ [] [] [3 [] [] [] [~ [] [] [] [x] [] [] [] Ix] R:',~TAFYP-,vI'q74PA97,PC g/6/97 k~ 24 ISSUES AND SUPPORTING INFORJ~IATION SOURCES sirenre. No d. Create objectionable odors? TRANSPORTATION/CIRCUlaTION. Would the proposal mult in: a. Increase vehicle tnps or traffic congest/on? b. Hazards to safety from design features (e.g. sharp cotyes or dangerous intersection or incompatible uses)? c Inadequate emergency access or access to nearby uses? d./nsufficient parking capacity on-site or off-sire? (Source 4, Table 17.24(a), Page 17-24-9) e. Hazards or bamers for pedestnarts or bicyclists? Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (Source 4, Chapter 17.24, Page 12) 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, snLmals and bids)? (Source 1, Page 5-15, Figure 5-3) b Locally designated species (e,g. heritage trees)'7 (Source 1, Figure 5-3, Page 5-15) c Leeally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (Source 1, Figure 5-3, Page 5-I 5) d Wetland habitat (e.g. marsh, npanan and vernal pool)? (Source 1, Figure 5-3, Page 5-15) e. Wildlife dispersal or rniSration coredors? ENERGY AND MINERAL RESOURCES. Would the proposal: a. Conflict with adopted energy conservation plans? [] [] [] Ix3 [] [1 pc'] [] [] [] [] t'x] [] [] [1 Ix] [] [] [] [~ [] [] [] t'x] [] [] [] [xl [1 [] [] pc'] [] [] [] Pq [1 [] f] ['-q [] [] [1 [~ [] f] []: [~ [] [] [] [~ [] [1 1] [x] R:\STAFFRFI'xI74pA97,PC 816/97 Ir2o 25 ISSUES A,NO SUPPORTING INFORMATION SOURCES p~mtially SiSaifica~ No b. Use non-renewal resources in a w~ste~ul end 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 State7 9. HAZARDS. Would the proposal involve: a. A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pestleides, chefmeal or radiation)? (Source 1, Figure 7 -5, Page 7 - 14) b. Possible interference with an emergency response plan or emergency evacuation plan? c. The creation of any health hazard or potential health hazerd7 d Exposure of people to exisUng sources of potential health hazards? e Increase fLre hazard in areas with ~mmmable brush, grass, or trees? 10. NOISE. Would the proposal result in: a Increase in existing noise levels? b Exposure ofpeople to severe noise levels7 11. PUBLIC SERVICES. Would the proposal have an effect. upon, or result in a ne~d for new or altered government services in any of the following areas: a FU'e protection? b. Police protection? c Schools? d. Mamtenance ofpublic facilities, mcludingroads? e. Other governmental ser~ces? [] [] Fx] [] [] [] [] Pq [] [] [] ['x] [] [] [] ix] [] [] [] [] [] [] Ex] [] [) [] [] [] [~ [] [] [] Ix] [] [] [] [] [] [] [ [] [] [] [] Ix] [ ] Ex] [ ] [x] [] [x] [] [] Ix] ISSUES AND SUPPORTINO INFORMATION SOURCES SiW~L~ct~ No 12. UTILx ra~:S AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilttim: a. power or natural gas? b Commumcations systems? c. Local or regional water ~-eatment or distribution facilities? d. Sewer or septic tanks? (Source 2, Page 39-40) e Storm water drainage? ~ Solid waste disposal? g Local or regional water supplies? 13. AESTHETICS. Would the proposal: a Affect a scemc vista or seeroe highway? b Have a d~monstrable negative aesthetic effect? c Create light or glare? 14. CULTURAL RESOURCES. Would the proposal: a. Disturb paleontological resources? (Source 2, Figure 55. Page 280; Source 6) b Disturb archaeological resources? (Source 2, Figure 56, Page 283) c Affect historical resources? d. Have the potential to cause a physical change which would affect unique eth~c cultural values? e Restrict ex~sung religious or sacred uses within the potential Impact area? [] [] [] pc] [] [] [] [~ [J [] Ix] [J [] [1 [] [] [] [] [x] [] [] [] [x'] [] [1 [] [x] [] [] [] [] ~] [] [] [] [x] [] [] [] [x'] [] [1 [] ~] [l [J [] [] [x"J [1 [1 [] [~ [1 [1 [1 ['x'j R:~STAFFRF~I74PA97.PC 816/97 ISSUES AND SUPPORTINO I~FORMATION SOURCES No 15. RECREATION. Would the proposal: a. Inere~.se the demand for neighborhood or regional parks or other recreational facildties? b. Affect existing recreational oppormmtics? 16. MANDATORY FINDINGS OF SIGN2W~CANCE, 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 seE-sustaining levels, threaten to eliminate a plant or antmail community, reduce the number of restrict the range of a rare or endangered plant or arereal 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 goals7 Does the project have impacts that area individually lureted, but cumulativcly considerable? ("Cumulativcly considerable" means that the mcnrmental 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) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 17. EARI.II~.R ANALYSES. None. [] [] [] [1 [] [] Ix] [] [] [] [x'] [1 [] [] [x'] [] [] [] [] [] [1 ~ SOURCES Ci.ty of Ternecula General Plan. 2 Ci,ty of Temecula General Plan Final Environmental Impact Report. 3 South Co~t Air Quality Management District CEQA Air Quality Handbook. 4 City of Temecula Development Code R:\STAFFRPT',174pA~7.pC 816197 k~b 28 DISCUSSION OF THE ENVIRONMENTAL IMPACTS 1.b, The project will not conflict with applicable environmental plans or polices adopted by agencies with jurisdiction over the project. The project is consistent with the City's General Ran Land Use Designation of BP (Business Park). Impacts from all General Plan Land Use Designations were analyzed in the Environmental Impact Report (EIR) for the General Ran. 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 project 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. No significant effects are anticipated as a result of this project. 1.C. The proposed office buildings will not be incompatible with existing land use, and will not to be considered incompatible or impact the existing adjacent office and industrial buildings in the vicinity. The project has been designed to comply with the City-Wide Design Guidelines as well as the Development Code regulations in terms of size, bulk and mass, architectural design, landscaping, etc.; therefore the project will be compatible with the surrounding area. No significant effects are anticipated as a result of this project. The project will not disrupt or divide the physical arrangement of an established community (including low-income or minority community), The proiect is proposed on a vacant parcel that is zone BP (Business Park) which does not allow residential development of any kind. Therefore, there is not an established residential community (including low-income or minority community) at this site, and significant effects are not anticipated as a result of this project. Pooulation and Housing The project will not cumulatively exceed official regional or local population proiections. The project is two office buildings is consistent with the City's General Plan Land Use Designation of BP (Business Park). Since the project is consistent with the City's General Plan, and does not exceed the floor area ratio for the BP zoning district, 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. No significant effects are anticipated as a result of this project. R:~STAFFF2T~I74PAg?.I~C 8/6/r/Lib 29 2.c. The project will not displace housing, especially_ affordable housing as the site is a vacant lot zoned for Business Park uses and prohibits residential development. No significant effects are anticipated as a result of this project, Geologic Problems 3,b,f, h. The project may have a significant impact on people involving seismic ground shaking, seismic ground failure (including liquefaction), erosion, changes in topography or unstable soil conditions from excavation, grading or fill 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, preliminary soil reports have been submitted and reviewed as part of the application submittal and recommendations contained in this report will be used to determine appropriate conditions of approval. 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 (including liquefaction), erosion, changes in topography or unstable soil conditions from excavation, grading or fill and expansive soils. Increased wind and water erosion of soils both on and off-site may occur during 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, herdscape and landscaping will serve as permanent erosion control for the project. Modification to topography and ground surface relief features will not be considered significant since modifications will be consistent with the surrounding development. 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. 3,d, 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 result of this project. The project will not expose people to landslides or mudflows. The Final Environmental Impact Report 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. 3.i. 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. Water 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 herdscape and driveways. While absorption rates and surface runoff will R:\STAFPRF~I74pA~7,PC 81619'7 k~ 30 change, potential impacts shall be mitigated through site design. Drainage conveyances will be required for the project to safely and ade~3uately handle runoff which is created. After mitigation measures are performed, no significant impacts are anticipated as a result of this project. 4.c. 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 Resources Control Board. No grading shall be permitted until an NPDES Notice of intent has been filed or 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. After mitigation measures are performed, no significant impacts are anticipated as a result of this project. 4.d,e. The project will have a less than significant impact in a change in the amount of surface water in any water body 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. Due to the limited scale of the project, the additional amount of drainage into the City's drainage system will not considered significant. No significant impacts are anticipated as a result of this project. 4.f-h. The proiect 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. Limited 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,i. The project will not result in a substantial reduction in the amount of groundwater otherwise available for public water supplies. According to information contained in the Final Environmental Impact Report for the ~ity of Temecula General Plan, "Rancho California Water District indicate that they can accommodate additional water demands." Water service currently exists in the immediate proximity to the project. Water service will need to 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. 5.a. The project will not violate any air quality standard or contribute to an existing or projected air quality violation. The project is below the threshold for potentially significant air quality impact established by South Coast Air Quality Management District (Page 6-11, Table 6-2 of the South Coast Air Quality Management CEQA Air Quality Handbook). No significant impacts are anticipated as a result of this project. 5.b. 5.d. The project will not expose sensitive receptors to pollutants. There are no significan' pollutants nor sensitive receptors in proximity to the project. No significant impacts are anticipated as a result of this project. 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. 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. No other odors are anticipated as a result of this project. Transportation/Circulation 6.3. 6.b. 6.c, 6.d. 6.f. The project will result in a less than significant increase in vehicle trips; however it will add to traffic congestion. It is anticipated that this project will contribute less than a five percent (5%) increase in existing volumes during the AM peak hour and PM peak hour time frames to the intersections of Ridge Park Drive/Rancho California Road and the Rancho California freeway interchange. The applicant will be required to pay traffic signal mitigation fees and public facility fees as conditions of approval for the project. After mitigation measures are performed, no impacts are anticipated as a result of this project. 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. The project will not result in inadequate emergency access or access to nearby uses. The project is two office buildings in an area with existing similar type of uses and structures in the Business Park (BP) and Ught Industrial (Ll) zoning districts. The project ~s designed to current City standards and has adequate emergency access. No significant impacts are anticipated as a result of this project. The project will have sufficient parking capacity on-site. The applicant has completed a parking needs analysis based upon the uses proposed by this project. Based upon this analysis, there will be sufficient on-site parking spaces provided. Off-site parking will not be impacted. No significant impacts are anticipated as a result of this project. The project will not result in hazards or barriers for pedestrians or bicyclists. Hazards or barriers to bicyclists have not been included as part of the project. No significant impacts are anticipated as a result of this project. The project will not result in conflicts with adopted policies supporting alternative transportation. The project was transmitted to the Riverside Transit Agency (RTA) and their response states: "The proposed project does not impact RTA facilities or services." No significant impacts are anticipated as a result of this project, R:\STAFFRI~I74pA97.pC 8/6/97 kro 32 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. Biological 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 disturbed and graded. Currently, there are no native species of plants, no unique, rare, threatened or endangered species of plants, no native vegetation on 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. The project will not result in an impact to locally designated species. 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. The project will not result in an impact to locally designated natural communities. Reference response 7.b. No significant impacts are anticipated as a result of this project. 7.d. The project will not result in an impact to wetland habitat. There is no wetland habitat on-site and the wetland adjacent to the site will not be disturbed. Reference response 7.a. No significant impacts are anticipated as a result of this project. 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. Energy and Mineral Resources The project 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 taws. No significant impacts are anticipated as a result of this project. 8.b. The project will result in a less than significant impact for the use of non-renewable resources in a wasteful and inefficient manner. While there will be an increase in the rate of use of any natural resource and in the depletion of nonrenewable resource(s) (construction materials, fuels for the daily operation, asphalt, lumber) and the subsequent depletion of these non-renewable natural resources. Due to the scale of the proposed development, these impacts are not seen as significant. R:~STAFFR--gz~I74PAg'7.PC g/6/97k~ 33 9.b. 9.d. 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 resource 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. Noise lO.a. The project will result in a less than significant impact due to 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. There will be used tires stored in an enclosed structure which are removed from the site on a regular basis for recycling. The proposed use is regulated by both the Fire Department and the Department of Environmental Health. Both entities have reviewed the project. The applicant must receive clearance from the Department of Environmental Health prior to any plan check submittal. The applicant must receive clearance from the Fire Department prior to the issuance of a building permit. This applies to storage and use of hazardous materials. No significant impacts are anticipated as a result of this project. The project will not interfere with an emergency response plan or an emergency evaluation 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. 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. Reference response 9.a. No significant impacts are anticipated as a result of this project. The project will not expose people to existing sources of potential health hazards. No health hazards are known to be within proximity of the project. No significant impacts are anticipated as a result of this project. The project will not result in an increase to fire"hazard in an area with flammable brush, grass, or trees. The project is two office buildings in an area of existing type uses and structures located in the Business Park and Light Industrial zoning districts. The project is not located within or proximate to a fire hazard area. No significant impacts are anticipated as a result of this project. 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. R:XSTAFFRP~I74pA97.pC 8161~7 klb 34 lO.b. The project may expose people to severe noise levels during the development/construction phase (short run). '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. This source of noise 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. No significant 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. 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. The project will not result in a need for ~ew systems or supplies, or substantial alterations to power or natural gas. These systems are currently being delivered in proximity to the site. No significant impacts are anticipated as a result of this project. 12.b. The project will not result in a need for new systems or supplies, or substantial alterations to communication systems (reference response No. 12.a.). No significant impacts are anticipated as a result of this project. 12.c. The project will not result in the need for new systems or supplies, or substantial alterations to local or regional water treatment or distribution facilities. No significant impacts are anticipated as a result of this project. 12.d. The project will not result in a need for new systems or supplies, or substantial alterations to sanitary sewer systems or septic tanks. While the project will have an R:~STAF'J:'RPT~I74PA~7.}~C SlY/f/kjb 35 incremental impact upon existing systems, the Final Environmental Impact Report (FEIR? for the 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 (p. 39)? The FEIR further states: "implementation of the proposed General Plan would not significantly impact wastewater services (p. 40)." 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 two office buildings in an area of existing similar type uses and structures in the Business Park and Light Industrial zoning districts.. The building are relatively consistent with other designs in the area, and the proposed landscaping and added architectural treatments will provide additional aesthetic ~nhancement. After mitigation measures are performed, no impacts are anticipated as a result of this project. 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). No significant impacts are anticipated as a result of this project. Cultural Resources R:I'STAFFRPT~I?4PAg'7.PC 8/6/~/~ 36 14.a,b The Eastern Information Center of the University of California at Riverside has reviewed the project and a Phase I cultural resource study' identified no cultural resources within the project site. The site has been previously graded and resources would have been disturbed at that time; therefore, it is determined that no significant impacts are anticipated as a result of this project. The project will not have an impact on historical resources. No historic resources exist at the site or are proximate to the site. No significant impacts are anticipated as a result of this project. 14.d. The project will not have the potential to cause a physical change which would affect unique ethnic cultural values. Reference response 14.b,c. 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. F~¢creation 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 resources or opportunities. No significant impacts are anticipated as a result of this project. R:LSTAFFRPT~I74pA97.PC 816trl ~ 37 ATTACHMENT NO. 3 MITIGATION MONITORING PROGRAM R:~STAFFRFI'XI'~4pAg"'LI~C 8/6/9'7 kIb 38 Mitigation Monitoring Program pInnning Application No. PA97-4}174 CDevelopment Plan) Geologic Problems General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Expose people to impacts from seismic ground shaking. Ensure that soil compac~on is to City Standards. A soils report prepared by a registered Civil Engineer shall be submitted to the Department of Public Works with the initial grading plan check. Building pads shall be certified by a registered Civil Engineer. Prior to the issuance of grading and building permits. Department of Public Works and Building and Safety Department. Expose people to impacts from seismic ground shaking. Utilize cometion techniques that are consistent with the Uniform Building Code. Submit consauction plans to the Building and Safety Deparunent for approval. Prior to the issuance of a building permit. Building and Safety Deparunent. General Impact: Mitigation Measures: Specific Processes: Mitigation Milestone: Responsible Monitoring Party: Erosion, changes in topography or unstable soil conditions from excavation, grading or fill. Planting of slopes consistent with Ordinance No. 457. Submit erosion control plans for approval by the Deparunent of Public Works. Prior to the issuance of a grading permit. DeparUnent of Public Works. R:XSTAFFRPT~I74pA97.pC g/6/97 kJb 39 General Impact: Mitigation Measures: Specific Processes: Mitigation Milestone: Responsible Morntoting Party: General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Erosion, changes in topography or unstable soll conditions from excavation, Fading or fill. Phnting of on-site landscaping ',hat is consistera with the Development Code. Submit landscape plans that include planting of slope to the Planning Depa, h~ent for approval. Prior to the issuance of a building permit. Planning Deparunem. Expose people to the impacts from subsidence of land. Ensure that soil compaclion is to City sumdards. A soils report prepared by a registered Civil Engineer shall be submitted to the Department of public Works with the initial grading plan check. Building pads shall be certified by a registered Civil Engineer. Prior to the issuance of grading permits and building permits. Deparunent of Public Works and Building & Safety Depat hnent. Expose people to the impacts from subsidence of land. A soils report prepared by a registered Civil Engineer shall be submitted to the Deparunent of Public Works with the initial grading plan check. Building pads shall be certified by a registered Civil Engineer. Submit construction plans to the Building & Safety Deparunent for approval. Prior up the issuance of building permits. Building & Safety Deparunent R:~STAFFRFF~I74PAe/7,PC 81619'7 k~a 40 G~n~ral Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: The project will result in changes to absorption rates, drainage partms and the rate and amount of surfac~ runoff. Methods of controlling runoff, from site so ti'mt it will not negatively impact adjacent properties, including drainage conveyances, have been incorporated into site design and will be included on the grading plans. Submit grading and drainage plan to the Department of Public Works for approval. Prior to the issuance of grading permit. Deparmaent of Public Works. General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Mor~toring Party: Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity). An erosion control plan shall be prepared in accordance with City requirements and a Storm Water Pollution Prevention Plan (SWPPP) shall be prepared in accordance with the National Pollution Discharge Elimination System (NPDES) requirements. The applicant shall submit a SWPPP to the San Diego Regional Water Quality Control Board (SDRWQCB) for their review and approval. Prior to the issuance of a grading permit. Department of Public Works and SDRWQCB (for S WPPP). Transportation/Circulation General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monjtoring Party: Increase in vehicle wips or traffic congestion. Payment of Development Impact Fee for road improvements and traffic impacts. Payment of the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecnia Municipal Code. Prior to issuance of building permits. Building and Safety Deparunent. R:\STAFFRFI~I74pA97.PC gl6197 kb 41 General Impact: Mitigation Measure: Specific Process: Mitigation Milesline: Responsible Moniliring Party: Increase in vehicle trips or traffic congestion. Payment of Developn~nt Impact Fee for Signal Mitigation. Payment of the Public Facilities Development Impact Fee as required by, and in accordanc~ wilh, Chapter 15.06 of lhe Temecuia Municipal Code. Prior Io the issuance of occupancy permits. Building and Safety ]D eparunent. General Impact: Mitigation Measure: Specific Process: Mitigation Milesline: Responsible Monitoring Party: Insufficient parking capacity on-sire or off-sit~. Provide on-si~ parking spaces li accommoda~ the use. Install on-si~ parking spaces. Prior li the issuance of occupancy permits. Department of Public Works, Planning Deparunent and Building & Safety Department. Biological Resources General Impact: Mi~gation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Endangered, threamned or rare species or their habitats (including but not limimd to plants, fish, insects, animals and birds). Pay Mitigation Fee for impacts li Stephens Kangaroo Rat. Pay $500.00 per acre of disturbed area of Stephens Kangaroo Rat habitat. Prior to the issuance of a Fading permit. Department of Public Works and Planning Depacunent R:~STAFFRP~174PA~7.PC 816197klb 42 Public Services Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Pan'y: General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: A substantial effect upon and a teed for new/altered governmental selvices regardin5 fife protection. The project will incrementally increase the need for fire protection; however, it will contribute its fair share to the maintenance of service provision. Payment of Development Impact Fee for Fire Mitigation. Payment of the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecuia Municipal Code. Prior to the issuance of building permit. Building & Safety Deparanent A substantial effect upon and a need for new/altered schools. No significant impacts are anticipated. Payment of School Fees. Pay current mitigation fees with the Temecula Valley Unified School District. Prior to the issuance of building permits. Building & Safety Deparanent and Temecuia Valley Unified School District. A substantial effect upon and a need for maintenance of public facilities, including roads. Payment of Development Impact Fee for road improvements, traffic impacts, and public facilities. Payment of the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecuia Municipal Code. Prior to the issuance of building permits. Building and Safety Deparanent. R:x. STAFFRJr~I74PA97.1~ S/6/97k~ 43 AESTHETICS General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: The creation of new light sources will result in increased light and glare that could affect the Palomar Observatory. Use lighting ~chnique~ that are consistent with Ordinance No. 655. Submit lighting plan to the Building and Safety Deparanem for approval. Prior to the issuance of a building permit. Building & Safety Department. The creation of new light sources will result in increased light and glare that could affect the Palomar Observatory. Use lighting techniques that are consistent with Ordinance No. 655. Submit lighting plan to the Building and Safety Deparunent for approval. Prior to the issuance of a building permit. Building & Safety Deparanent. R:XSTAFFRPTXI74pA97.pC 8/6/9~ klb 44 ATTACHMENT NO. 4 EXHIBITS R:'~STAFFRP~I74pA97.pC 816/97 kl~ 45 CITY OF TEMECULA TEMECUUA -, PL~J~12~G APPLICATION NO. PA97-0174 (Development Plan) EXHIBIT A 'L,~J~INING CO~VI]VIISSION DATE - August 18, 1997 R:\STAFFRF~174pA~7.PC 8/5/97 klb CITY OF TEMECULA EXHIBIT B - ZONING MAP DESIGNATION - BP (Business Park) CC EXHIBIT C - GENERAL PLAN DESIGNATION - BP (Business Park PLANNING APPLICATION NO. PA97-0174 (Development Plan) PLANNING COMMISSION DATE - August 18, 1997 CITY OF TEMECULA PLAN2VING APPLICATION NO. PA~7-0174 (Development Plan) 7~XHIBIT D PLANNING COMMISSION DATE - August 18, 1997 SITE PLAN R:~,STA~I74PA97.PC 8/6/97 CITY OF TEMECULA e ee · e ee ee ee · e WEST BUILDING ELEVATION ..... .~. 14 NORTH BUILDING ELEVATION .... .. ~ 3 SOUTH BUILDING ELEVATIONi ....... - 2j __i EAST BUILDING ELEVATIONI .... '- PLANNING APPLICATION NO. PA97-0174 (Development Plan) EXH1BIT E PLANNING COMMISSION DATE - August 18, 1997 ELEVATIONS n..di.g CITY OF TEMECULA PLANNING APPLICATION NO. PA97-0174 (Development Plan) .EXHIBIT E PLANNING COMMISSION DATE - August 18, 1997 ELEVATIONS s..d~.g "~" CITY OF TEMECULA PLANNING APPLICATION NO. PA~7-0174 (Development Plan) EXHrRIT F LANDSCAPE PLAN PLANNING COMMISSION DATE - August 18, 1997 R:~STAFFRPT~I74PA97.PC 816197 klb ITEM #3 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION September 8, 1997 Planning Application No. PA97-0142 (Tentative Tract Map No. 23371- Revised) Planning Application No. PA97-0143 (Tentative Tract Map No. 28526) Planning Application No. PA97-0144 (Tentative Tract Map No. 28482) Planning Application No. PA97-0160 (Amendment No.3 to Specific Plan No. 199) Planning Application No. PA97-0161 (General Plan Amendment) Planning Application No. PA97-0204 (Amendment end Restatement of Development Agreement for Specific Plan No. 199, Village 'A") Prepared By: Carole Donahoe, Project Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: MAKE a Determination of Consistency With a Project for Which an Environmental Impact Report (EIR) was Previously Certified and Findings that a Subsequent EIR is not required; ADOPT Resolutions No. 97- through No. 97- recommending the City Council approve Planning Application Nos. PA97-0161 (General Plan Amendment), PA97-0160 (Amendment No.3 to Specific Plan No. 199), and PA97-0204 (Amendment and Restatement of Development Agreement for Specific Plan No. 199, Village "A") respectively, based upon the Analysis and Findings contained in the Staff Report; and ADOPT Resolutions No. 97- through No 97- approving Planning Application Nos. PA97-0142 (Tentative Tract Map No. 23371- Revised), PA97-0143 (Tentative Tract Map No. 28526), and PA97-0144 (Tentative Tract Map No. 28482) respectively, subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: Temeku Hills Development Partners, L.P. McMillin Project Services, Inc. REPRESENTATIVE: Mr. Csaba Ko, Consultant Mr. Barry Burnell, T & B Planning Consultants Mr. David Jeffere, Rick Engineering R:\STAFFRPTXI42PA97.B3 9/3/97 k~ 1 PROPOSAL: To change the General Ran density designations from Low Medium Density Residential (3-6 dwelling units per acre maximum) to Low Density Residential {0.5-2 dwelling units per acre maximum) within Ranning Area 2; from Neighborhood Commercial to Medium Density Residential (7-12 dwelling units per acre minimum) within Planning Area 38; and from Medium Density Residential (7-12 dwelling units per acre maximum) to Low Medium Density Residential (3-6 dwelling units per acre maximum) within Planning Area 40; all within Specific Plan No. 199 (Margarita Village). B. To request approval of Amendment No. 3 to Specific Plan No. 199, Margarita Village. To request approval of Amendment and Restatement of Development Agreement for Specific Plan No. 199, Village "A". To subdivide 74.5 acres into 368 single family residential lots, 2 landscape lots and 2 open space/recreational lots (Tentative Tract Map No. 28482). To subdivide 6.04 acres into 44 single family residential lots (Tentative Tract Map No. 28526). To revise the subdivision of 118.3 acres within Tentative Tract Map No.23371 creating 474 single family residential lots and a park site. LOCATION: South of La Serena Way, east of Margarita Road, west of Meadows Parkway, north of Rancho California Road, within the Margarita Village Specific Plan. EXISTING & PROPOSED GENERAL PLAN DESIGNATIONS: Very Low/Rural Density Residential Low Density Residential Low Medium Density Residential Medium Density Residential High Density Residential Neighborhood Commercial Public and Institutional Facilities Open Space/Recreation 0.2 to 0.4 dwelling units per acre maximum 0.5 to 2 dwelling units per acre maximum 3 to 6 dwelling units per acre maximum 7 to 12 dwelling units per acre maximum 13 to 20 dwelling units per acre maximum EXISTING ZONING: Specific Plan EXISTING LAND USE: Temeku Hills Golf Course and Clubhouse, Fairway Point and Ironwood subdivisions, and vacant, partially graded land. PROJECT STATISTICS Total Area: Existing Dwelling Units Allowed: Proposed Number of Dwelling Units: 1,526 acres 4,047 units 3,922 units (Reduction of 125 units) Existing Acreage for Commercial Uses: Proposed Acreage for Commercial Uses: 13.7 acres 6.2 acres (Reduction of 7.5 acres) BACKGROUND Specific Plan No. 199 (Margarita Village) was originally approved by the Riverside County Board of Supervisors on August 26, 1986 through Resolution No. 86-355. Specific Plan Amendment No. I was approved by the Board of Supervisors on September 6, 1988. Subsequent to incorporation the Temecula City Council approved Specific Plan Amendment No. 2 on March 26, 1996, removing the "Retirement-Oriented Housing" restriction on a portion of the site. Village "A" of the Specific Plan comprises the "Temeku" portion, and three vesting tentative tract maps (VTTM) originally covered this portion - VTTM 23371, 23372 and 23373. Vesting Tentative Tract Map 23371 was divided into fifteen (15) phases, and six of the phases have recorded. The subject applications were submitted to the Planning Department on May 6, 1997 and May 14, 1997 and were all processed concurrently. The applicant met separately with the staff from the Temecula Community Services Department, Planning Department and Department of Public Works to clarify and resolve specific issues. A formal Development Review Committee (DRC) meeting was held on June 18, 1997 and a follow up meeting was held July 17, 1997. PROJECT DESCRIPTION Planning ADIDlication No. PA97-0161 (General Plan Amendment) The General Ran Amendment proposes to change the General Plan density designations to more accurately reflect the reduction in housing units and the elimination of the Neighborhood Commercial designation in Planning Area 38. The following table summarizes the proposed changes to the General Plan as well as the three planning area changes propsed within the Specific Plan: Planning :Existing GP: Existing Density ~::: Proposed GP Proposed Area # : ~ : :Designation ~ :! ~:: ::~ Range :;: : :!i :i~:Oesignation:: Density 2 Low Medium 3 - 6 du/ac 38 Neighborhood Commercial 40 Medium 7-12 du/ac 41 Low Medium 3 - 6 du/ac No Change 5.59 42 Medium 7 - 12 du/ac No Change 11.99 43 Low Medium 3 - 6 du/ac No Change 4.6 Planning Application No. PA97-0160 {Amendment No. 3 to Specific Plan No. 199) Amendment No. 3 to the Specific Plan proposes to reflect the reduction of dwelling un!ts, the elimination of commercial acreage at the northwest corner of Rancho California Road and Meadows Parkway, the addition of a 12.5 acre public park at the southwest corner of La Serena and Meadows Parkway, and revisions to roadway cross-sections, design guidelines and development standards, all within Village 'A." Planning ApPlication No. PA97-0204 (Amendment and Restatement of the Development Agreement for Specific Plan No. 199. Village The applicant proposes to amend and restate the Development Agreement (DA) for that portion which covers Village 'A." The proposal updates the language of the DA with respect to the Memorandum of Understanding approved by the City Council on May 1, 1996. Additionally, adjustments are proposed reflecting the dedication of the 12.5 acre public park at the southwest corner of La Serena Way and Meadows Parkway. Planning Application No. PA97-0144 (Tentative Tract Map No. 28482) The applicant has submitted Tentative Tract No. 28482 to subdivide 74.5 acres into 368 single family residential lots, two landscape lots and two open space/recreational lots, on property adjacent to Meadows Parkway and Rancho California Road. This map covers that portion of the Specific Plan which was originally approved for Retirement Oriented Housing and Neighborhood Commercial, and which had approved Vesting Tentative Tract Maps No. 23372 and 23373 covering the site. The Retirement Oriented Housing designation was removed under Amendment No. 2, and the original VTTMs were allowed to expire on November 8, 1988. Planning Application No. PA97-0143 {Tentative Tract MaD No. 28526) The applicant has submitted Tentative Tract Map No. 28526 to subdivide 6.04 acres into 44 single family residential lots with a minimum lot size of 5,220 square feet, on the north side of Rancho California Road, between Margarita Road and Meadows Parkway. This new map covers a portion of recorded Tract Map No. 23371-3 which was originally designed for 62 dwelling units with a minimum lot size of 3,500 square feet, on 7.5 acres for a density of 8.27 dwelling units per acre. Planning Application No. PA97-0142 {Tentative Tract Map No. 23371- Revised) The applicant has submitted revisions to Tentative Tract Map No. 23371, covering Planning Areas 34, 37, 41, 42 and 43, generally located south of La Serena Way, between Margarita Road and Meadows Parkway. The new map has reconfigured the amount of acreage within the Planning Areas, and redesigned the layout of lots generally to accommodate larger lots for single family product types. R:\STAFFRFl~I42PA97.PC 9/3197 ki 4 ANALYSIS A. The following discussions refer primarily to the Specific Plan Amendment: The 12.5 acre Public Park The applicant has included a conceptual design for a 12.5 acre public park that meets the requirements of the Temecula Community Services District (TCSD). The site is at the intersection of La Serena and Meadows Parkway across from Rancho Elementary School, and is accessible to vehicles both from La Serena and Meadows Parkway. Pedestrian access is also provided from interior residential streets within Village 'A". The park is expected to offer a variety of recreational amenitiee designed to meet the needs of the local residents, including a junior Olympic swimming pool, picnic area, soccer and lighted softball fields, children's play area and snack bar/restrooms. The park shall be constructed by the applicant to the standards of the TCSD and dedicated for ownership and maintenance by TCSD. Road and Public Facilities Revisions Amendment No. 3 to the Specific Plan proposes revisions to the road and public facilities system within Village "A" of the Specific Plan. Roadways are designed to be both public and private, and proposed roadway cross-sections have been reviewed and accepted by the City Engineer. Horizontal and vertical design criteria have been reviewed and deemed adequate in light of existing constraints. Additionally, the Specific Plan includes design guidelines for golf cart crossings within the text. The applicant also proposes to extend a reclaimed water main onsite to use reclaimed water from Rancho California Water District (RCWD) for the golf course. Marcluee Monumentation The applicant proposes to use the main project monumentation at the intersection of Rancho California Road and Margarita Road to present community service messages as well as clubhouse and golf course events. During the marketing phase of the project, the marquee may announce project openings and sales events, but pricing and terms-of-sale shall be strictly prohibited. Staff believes that integrating this marquee sign into the project monumentation is appropriate and supports the language in the Specific Plan. Architectural Stvle The applicant proposes a variation in architectural design from the originally approved Spanish/Mediterranean to early California Spanish. The proposed style is compatible and complimentary to portions of the specific plan already constructed, yet "updates" the specific plan with contemporary features such as vaulted ceilings, gated entries, and balconies. Staff supports the proposed changes. Multi-Familv Area Planning Area 42 is located adjacent to the golf course in the interior portion of Village "A". It is proposed for high density residential development. However, the applicant has not submitted a product design at this time. The lotring of the area is proposed to facilitate future phasing and construction. No construction will occur without the proponent first filing Development Plans for City review and approval. Without a separate Development Plan R:XSTAFFRF~I42pA97.PC 9/3/r/k~ 5 approval, the applicant would be limited to the construction of single family detached homes on each of the fifteen (15) lots proposed for Planning Area 42. Slope Maintenance The applicant has proposed that all perimeter slope areas along public streets and adjacent to single family residential development be offered for dedication to the City as a maintenance easement. All other interior slopes and open spaces are proposed for maintenance by the homeowner's association. A color exhibit indicating the slope areas, maintenance responsibility, and access points to these areas is included in the Commission packets, and an enlarged exhibit will be displayed at the Commission's public hearing. The proposed maintenance delineation is acceptable to the Community Services District. B. The following discussions refer primarily to the proposed tract maps: Physical Constraints and Mao Design The applicant's proposal to redesign portions of this partially developed specific plan is constrained by the infrastructure already in place. The primary feature of the site, the Temeku Hills Golf Course and clubhouse, is constructed and operational. In addition, many of the water mains, storm drains and arterial street system (Rancho California Road, Margarita Road, La Serena Way, Meadows Parkway, Honors Drive, Temeku Drive and Tee Drive) are also in place. Lastly, the existing Metropolitan Water District easements traverse the site in a north-south direction both on the western side and eastern side of the project, and traverse the site in a east-west direction nearly through the middle of the project. These physical constraints eliminate most alternatives and redesign optiones for the proposed maps. Lot Length-to-Width Ratio In several areas of the Temeku Hills project, proposed lots exceed the City's maximum length- to-width ratio of 2:1 as established by Ordinance 460. In some cases, the standard ratio is exceeded due to the amount of slopes on the lots. in all cases, the lots in question exceed the minimum lot sizes required by the Specific Plan and, according to the applicant, will be marketed as premium lots. The applicant has indicated that all lots will have a minimum flat useable pad area that equals the area provided on a conforming lot. Tentative tract maps previously approved for the site were granted a waiver from the length-to-width requirement. The applicant requests the same consideration for these proposed maps. Staff supports their request. Rear and Side Yard Fencing In several areas of Tentative Tract Map 23371, individual lots are proposed that are bordered by more than the typical three adjacent properties. Due to the design of the lots, some lots have as many as nine (9) neighbors. Staff was concerned that this could result in a confusing and chaotic fencing arrangement in some circumstances. The applicant has addressed this concern by providing common themed rear and side yard fencing within the tracts so affected and by attempting to limit these situations to the maximum extent feasible. With this condition in place staff has no further concerns with this issue. Turn-in Garage Option The applicant has proposed a turn-in style garage option for both standard vehicles and golf cans for products constructed within Village "A.' Public Works has reviewed the feasibility of this option, and for safety and ease of use, recommends that turn-in garages for standard vehicles be permitted on lots with a frontage width of at least 45 feet. Staff supports this design feature and believes that it will encourage a broader range of housing styles within the community. ENVIRONMENTAL DETERMINATION Environmental Impact Report No. 202 was prepared for Specific Ran No. 199 and was certified by the Riverside County Board of Supervisors on August 26, 1986. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional studies were undertaken to update and complement the original EIR. The additional studies, a geotechnical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the validity of the original analysis. It has been eleven (11) years since the original environmental analysis was performed for this project. Therefore, Staff prepared another initial Environmental Assessment to examine the question of whether any impacts, beyond those analyzed in the previous EIR and subsequent studies, would result from the proposed project, changes in circumstances, or from new information. In areas where there was a potential change in circumstances, specifically traffic, noise, and lighting, staff requested additional information from the applicant. Based upon Staff's analysis, the project is consistent with the information contained in the previously certified EIR. Due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous analysis. Under California Public Resources Code Section 21166 and Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, no additional EIR is required unless additional impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken which would require a major revision in the EIR, or new information that could not have been known at the time the EIR was prepared becomes available. None of these situations has occurred; therefore, no further environmental analysis is required. SUMMARY/CONCLUSIONS The applicant has proposed Amendment No. 3 to Specific Plan No. 199 in order to respond to the demand for family-oriented housing and community amenities within the Temeku Hills development. Overall, the proposal seeks to reduce the number of dwelling units allowed, eliminate the commercial uses at the northwest corner of Rancho California Road and Meadows Parkway, increase lot sizes, add a 12.5 acre public park and update the design guidelines for Village "A." Staff supports the proposed changes because they enhance the Specific Plan and the surrounding community. FINDINGS Planning AI)plica6on No. PA97-0161 (Generel Plan Amendment) 1. Planning Application No. PA97-0161 (General Plan Amendment) as proposed is compatible with the health, safety and welfare of the community. 2. The project is compatible with surrounding land uses. Ultimate development of the site will be residential development in an area that is comprised of a variety of residential neighborhoods. 3. The proposed project will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted General Plan. Planning Al}plication No. PA97-0160 (Amendment No.3 to Specific PlAn No. 199) Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan No. 199) as proposed and conditioned is compatible with the health, safety and welfare of the community. Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan No. 199) is consistent with the goals and policies of the City's adopted General Plan. The project is compatible with surrounding land uses. The project proposes a reduction in the density and intensity of land uses. Ultimate development will be residential development in an area that is comprised of a variety of residential neighborhoods. The proposal will not have an adverse effect on surrounding property because it does not represent a significant change to the planned land use of the site and is consistent with the overall concept of Specific Plan No. 199. The amendment to Specific Plan No. 199 does not increase the impacts associated with the development or the overall intensity of the development as analyzed in Environmental impact Report No. 202. Planning Application No. PA97-0204 (Amendment and Restatement of Development Agreement for Specific Plan No. 199. Village A) The development to be carried out pursuant to the Development Agreement is consistent with the General Plan. The Development Agreement and the development to be carried out hereunder complies with all other applicable requirements of State law, City ordinances and Specific Plan No. 199. R:~TAFFRPT~142PA97.PC 9/3/~7 k~ 8 Planning Application No. PA97-0144 (Tentative Tract MN) No. 28482| The proposed land division and the design or improvement of the project is consistent with the proposed General Plan designation and Specific Plan No. 199. The site is physically suitable for the type and density of development. The proposed General Plan Land Use designations for the site are Low-Medium Density Residential (3-6 dwelling units per acre) and Medium Density Residential (7-12 dwelling units per acre). Planning Area 40 proposes 198 residential parcels on 40.1 acres for a density of 4.94 units per acre and is consistent with the Low Medium designation. Planning Area 38 proposes 181 dwelling units on 29.3 acres for a density of 6.18 units per acre and is consistent with the Medium designation. The design of the proposed land division or the type of improvements is not likely to cause serious public health problems. The project has been reviewed for conformance with Specific Plan No. 199, 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, Meadows Parkway, and Rancho California Road, and will not obstruct any easements. The map as proposed, conforms to the logical development of the proposed site, and is compatible with the health, safety and welfare of the community. 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 are no known fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or habitat off-site. The site is surrounded by development and is an infill 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. Planning/~plication No. PA97-0143 (Tentative Tract MN) No. 28526) 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. The site is physically suitable for the type and density of development. The project proposes reduction of dwelling units from 62 to 44 residential parcels on 6.04 acres for a density of 7.28 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 the type of improvements is not likely to cause serious public health problems. The project has been reviewed for conformance with Specific Plan No. 199, 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, Meadows Parkway, Rancho California Road and Margarita Road, and will not obstruct any easements. The map as proposed, conforms to the logical development of the proposed site, and is compatible with the health, safety and welfare of the community. The design of the proposed land division or proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The project site has been previously graded and partially developed. 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. Planning Aoi}lication No. PA97-0142 (Tentative Tract M~ No. 23371- Revised) 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. The site is physically suitable for the type and density of development. The project proposes residential densities consistent with the General Plan Land Use designations for Planning Areas 34, 35, 37, 41, 42 and 43. Tentative Tract Map No. 23371 was originally approved in 1988; the revision proposes increased lot sizes and a new 12.5 acre park site. The design of the proposed land division or the type of improvements is not likely to cause serious public health problems. The project has been reviewed for conformance with Specific Plan No. 199, 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 Specific Plan and/or 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, Rancho California Road, Meadows Parkway and Margarita Road, and will not obstruct any easements. The map as proposed conforms to the logical development of the proposed site, and is compatible with the health, safety and welfare of the community. The design of the proposed land division or proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The project site has been previously graded and partially developed. 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. R:\STAFFRFTXI42pA97.PC ~/3/9'7 Hh 10 Attachments: 1. Planning Commission Resolution for Planning Application No. PA97-0161 (General Plan Amendment ) - Blue Page 12 2. Ranning Commission Resolution for Ranning Application No. PA97-0160 (Specific Plan Amendment No. 3) - Blue Page 16 A. Conditions of Approval - Blue Page 20 3. Planning Commission Resolution for Planning Application No. PA97-0204 (Amendment and Restatement of Development Agreement for Specific Plan No. 199, Village uA") - Blue Page 21 A. Amendment and Restatement of Development Agreement for Specific Plan No. 199, Village A - Blue Page 24 4. Planning Commission Resolution for Planning Application No. PA97-0144 (Tentative Tract Map No. 28482) - Blue Page 25 A. Conditions of Approval - Blue Page 29 5. Planning Commission Resolution for Planning Application No. PA97-0143 (Tentative Tract Map No. 28526) - Blue Page 30 A. Conditions of Approval - Blue Page 34 6. Planning Commission Resolution for Planning Application No. PA97-0142 (Tentative Tract Map No. 23371-Revised) - Blue Page 35 A. Conditions of Approval - Blue Page 39 7. Initial Environmental Assessment dated August 20, 1997 - Blue Page 40 8. Exhibits - Blue Page 41 B. C. D. E. F. G. H. Vicinity Map General Plan Map Existing Specific Plan No. 199 o Land Use Map Proposed Specific Plan No. 199 - Land Use Map Maintenance Responsibility Exhibit Tentative Tract Map No. 28482 Tentative Tract Map No. 28526 Tentative Tract Map No. 23371 - Revised R:\STAFFRPTX142PA~7.!mC 9~]/97 klb 11 ATTACHMENT NO. 1 PC RESOLUTION NO. 97- PA97-0161 R:',STAFFRPT~142PA97.1~C 9/3/97 k~ 1 ~) ATFACHMENT NO. 1 PC RESOLUTION NO. 97- A RESOLUTION OF THE PLANNING COMMISSION OF ~ CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE PIANNING APPLICATION NO. PA97-0161 GENERAL PLAN AlV~NDMENT ON PARCELS TOTALING 82.4 ACRES LOCATED NORTH AND SOUTH OF LA SERENA WAY, EAST OF MARGARITA ROAD, WEST AND EAST OF MEADOWS PARKWAY, NORTH OF RANClIO CALIFORNIA ROAD, W1THIN ~ MARGARITA VILLAGE SPECIFIC PLAN WHIIIEAS, Temeku Hills Development Partners, L.P. filed Planning Application No. PA97-0161 in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA97-0161 was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA97-0161 on September 8, t997, 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 hearing, upon hearing and considering all testimony and arguments, ff any, of all persons desiring to be heard, the Commission considered all facts relating to Planning Application No. PA97-0161; NOW, THEREFORE, THE PLANNING COMMt~SION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Eiadiag~ The Planning Commission, in recommending approval of Planning Application No. PA97-0161, makes the foliowing findings; to wit: A. Planning Application No. PA97-0161 (General Plan Amendment) as proposed is compatible with the health, safety and welfare of the community. B. The project is compatible with surrounding land uses. Ultimate development of the site will be residential development in an area that is comprised of a variety of residential neighborhoods. R:\STAFFRF~I42PA97.PC 9/3/~7 kib 13 C. The proposed project will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted City General Plan. Section 3. F. nvironmental Compliance. Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the Riverside County Board of Supervisors. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional studies were undertaken to update and complement the original ErR. The additional studies, a geotechnical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the validity of the original analysis. It has been eleven (11) years since the original environmental analysis was performed for this project. Therefore, Staff prepared another Initial Environmental Assessment to examine the question of whether any impacts beyond those analyzed in the previous EIR and subsequent studies would result from the proposed project, changes in circumstances, or new information. In areas where there was a potential change in circumstances, specifically traffic, noise, and lighting, staff requested additional information from the applicant. Based upon Staff' s analysis, the project is consistent with the information contained in the previously certified EIR. Due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous analysis. Under California Public Resources Cede Section 21166 and Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, no additional EIR is required unless additional impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken which would require a major revision in the EIR, or new information that could not have been known at the time the EIR was prepared becomes available. None of these situations has occurred; therefore, no further environmental analysis is required. R:~STAFFIlFI~I42pA97.1~C 9/3197 k!~ I 4 Seaion 4. PASSED, APPROVED AND ADOPTED this 8th day of September, 1997. Linda Fahey, Chairm~n 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 8th day of September, 1997 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary ATTACHMENT NO. 2 PC RESOLUTION 97- PA97-0160 R:\ST~I4IPAg~.PC 9/3/97 klb 16 ATrACI-IM~NT NO. 2 PC RESOLUTION NO. A RESOLUTION OF ~ PLANNING COMMI.qSION OF ~ CITY OF TEMECULA RECOMM!~.NDING THAT THE CITY COUNCIL APPROVE PLANNING APPLICATION NO. PA97-0160 (SPECIFIC PLAN AMEND~ NO. 3) FOR SPECIFIC PLAN NO. 199 CONTAINING 1,~26 ACRES GENERALLY LOCATED SOUTH OF LA SERF~A WAY, EAST OF MARGARITA ROAD, WEST OF Mlq'~.4~DOWS PARKWAY, NORTH OF RANCHO CALIFORNIA ROAD WltERFAS, Temeku Hills Development Partners, L.P. fried Planning Application No. PA97-0160 in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA97-0160 was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA97-0160 on September 8, 1997, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in suppen or in opposition; WHEREAS, at the public hearing, 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. PA97-0160; NOW, THEREFORE, THE PLANNING COMMIRSION OF THE CITY OF TEMECULA DOES IlF-qOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. ~ The Planning Commission, in recommending approval of Planning Application No. PA97-0160, makes the following findings; to wit: A. Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan No. 199) as proposed and conditioned is compatible with the health, safety and welfare of the community. B. Planning Application No. PA97--0160 (Amendment No. 3 to Specific Plan No. 199)is consistent with the goals and policies of the City's adopted General Plan. C. The project is compatible with surrounding land uses. The project proposes a reduction in the density and intensity of land uses. Ultimate development will be residential development in an area that is comprised of a variety of residential neighborhoods. R:\STAFFRPT~I42pA97.PC 93/97 klb 'l 7 D. The proposal will not have an adverse effect on surrounding property because it does not represent a significant change to the planned land use of the site and is consistent with the overall concept of Specific Plan No. 199. E. The amendment to Specific Plan No. 199 does not increase the impacts associated with the development or the overall intensity of the development as analyzed in Environmental Impact Report No. 202. Section 3. Environmental Compliance. Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the Riverside County Board of Supervisors. In conjtmefion with Amendment No. 2 to the Specific Plan, a number of additional studies were undertaken to update and complement the original EIR. The additional studies, a geotechnical study, traffic study and a Kangaroo Rat trapping and update study, contimed the validity of the original analysis. h has been eleven (11) years since the original environmental analysis was performed for this project. Therefore, Staff prepared another Initial Environmental Assessment to examine the question of whether any impacts beyond those analyzed in the previous EIR and subsequent studies would result from the proposed project, changes in circumstances, or new information. In areas where there was a potential change in circumstances, specifically traffic, noise, and lighting, staff requested additional information from the applicant. Based upon StafFs analysis, the project is consistent with the information contained in the previously certified EIR. Due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous analysis. Under California Public Resources Cede Section 21166 and Section 15162 of the Califomia Environmental Quality Act (CEQA) Guidelines, no additional EIR is required unless additional impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken which would require a major revision in the EIR, or new information that could not have been known at the time the EIR was prepared becomes available. None of these situations has occurred; therefore, no further environmental analysis is required. Section 4. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No. PA97-0160 Specific Plan Amendment No. 3 to Specific Plan No. 199 generally located south of La Serena Way, east of Margarita Road, west of Meadows Parkway, north of Rancho California Road, within the Margarita Village Specific Plan, subject to Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. R:\STAFFRFI'q42pA97.PC 9/3/97 Section S. PASSED, APPROVEB AND ADOPTED this 8th day of September, 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 8th day of September, 1997 by the following vote of the Commission: AYES: PLANNINGCOMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:~STAFFRPTXI42pA97.pC 9/3/97 k~ 19 EXHIBIT A CONDITIONS OF APPROVAL PA97-0160 R:~STAFFRPT~142PA97.FC 9/3/97 Idb 20 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan No. 199) Project Description: A reduction of dwelling units from 4,047 units to 3,922 units; a reduction of acreage proposed for commercial development from 13.7 acres to 6.2 acres (eliminating the commercial uses on 7.5 acres at the northwest corner of Meadows Parkway and Rancho California Road) all with Specific Plan No. 199 - Margarita Village PLANNING DEPARTMENT 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. PA97-0160 (Amendment No. 3 to Specific Plan No. 199) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seo., 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. The applicant shall comply with all underlying conditions of approval for Specific Plan No. 199 and its amendments unless superseded by these conditions of approval. The text of Amendment No. 3 to Specific Plan No. 199 shall conform with Exhibit No. , "Margarita Village Amendment No. 3 of Margarita Village Specific Plan No. 199," dated August 1997, or as amended by these conditions. The text of Amendment No. 3 to Specific Plan No. 199 Zone Standards shall conform with Exhibit No. , "Margarita Village Amendment #3 to Margarita Village SP Zone Standards," dated August 1997, or as amended by these conditions. Maintenance of common areas and slope areas shall be provided in accordance with Exhibit F - Maintenance Responsibility Exhibit. R:'~STAFIrI1P'D,160PA97.COA 9/3/97 ¢d 1 No construction shall occur within Planning Area 42 of Specific Ran No. 199 without the proponent first filing Development Plans for City review and approval, unless single family detached homes are proposed on each of the fifteen (15) lots. Turn-in garages for standard vehicles are limited to lots with a frontage width of 45 feet or wider. Within Thirty {30) Days From the Second Reading of The Ordinance Approving the Amandmant 8. The applicant shall submit the Amended Specific Plan text to the Planning Department. TEMECULA COMMUNITY SERVICES DISTRICT Community Services offers the following Conditions of Approval for the aforementioned Specific Plan Amendment for Temeku Hills: GENERAL REQUIREMENTS: The park land dedication requirement (Quimby) for the Temeku Hills Development shall be satisfied with the development and dedication of a 12.5 acre community park located within Planning Area 44. 10. The design of the community park in Planning Area 44 shall be in conformance with the conceptual design identified within the Specific Plan. The actual park size shall be determined upon submittal of the subdivision maps for the area. 11. Ballfield lighting shall be provided at the Community Park to allow for night use of the playing fields. The developer, or his successor, shall provide a disclosure to all properties adjacent to the Community Park regarding the use of ballfield lighting. 12. All proposed public park facilities shall provide for pedestrian circulation and handicapped accessibility pursuant to the American Disability Act (ADA) Standards. 13. The installation of all landscape materials and irrigation equipment for the public park sites, slope areas, parkway landscaping, and landscaped medians shall be in conformance with the City of Temecula Landscape Development Plan Guidelines and Specifications. 14. Construction of the community park, medians, and perimeter slope areas proposed for dedication to the TCSD shall commence pursuant to a pre-job meeting with the developer and the City Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance program. 15. Park facilities, and/or other recreational areas, intended for transfer to the City "in-fee" shall be dedicated free and clear of any liens, assessments, or easements that would preclude the City from using the property for public park and/or recreational purposes. A policy of title insurance and a soils assessment report shall also be provided with the dedication of the property. R:~STAFFRYrNI60pA97.COA 9/3/97 16. The developer shall complete the TCSD application and dedication process prior to the acceptance of street lighting and perimeter slopes areas into the respective TCSD maintenance programs. The developer shall maintain the park facilities, slopes, and medians until such time as those responsibilities are accepted by the TCSD or other responsible party. 17. All exterior slopes contiguous to public streets that are adjacent to single family residential development shall be maintained by an established homeowner's association until such time as those responsibilities are offered and accepted by the TCSD for maintenance purposes. All other interior dopes, open space, perimeter walls, and entry monumentation shall be maintained by the homeowner's association. 18. Slopes and landscaping adjacent to commercial development shall be maintained by the property owner, or other approved private maintenance association. 19. Bike lanes and recreational trails shall be provided on site and designed to intercept with the City's Park and Recreation Master Plan. Class II Bike Lanes shall be completed in concurrence with the street improvements. PRIOR TO RECORDATION OF THE FINAL MAP: 20. Prior to recordation of final maps, landscape construction drawings for any respective public park, slopes, and landscaped medians proposed for dedication to the City shall be reviewed and approved by the Director of Community Services. 21. If the community park has not been completed prior to the recordation of the final map for Planning Area 44, then the developer shall enter into an improvement agreement and bond for the park improvements prior to recordation of said map. PRIOR TO ISSUANCE OF BUILDING PERMITS: 22. The community park in Planning Area 44 shall be improved and dedicated to the City prior to the issuance of 608th overall residential building permit within Village A. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 23. Prior to the issuance of the first certificate of occupancy within each phased map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. 24. It shall be the developer's responsibility to provide written disclosure of the existence of the TCSD and its service level rates and charges to all prospective purchasers. I have read, understand and accept the above Conditions of Approval. Applicant Name ATTACHMENT NO. 3 PC RESOLUTION NO. 97- PA97-0204 R:\STAFFRPT~142PA~.PC 913197 kro 2 1 ATrACHIV~-NT NO. 3 PC RESOLUTION NO. 97- A RESOLUTION OF ~ PLANNING COMMISSION OF THE CITY OF TEMECULA RECO~ING THAT ~ CITY COUNCIL APPROVE PLANNING APPLICATION NO. PA97-021M ASIENDMENT AND RESTATFAMENT OF DEVELOPMENT AGRERMENT FOR SPECIFIC PLAN NO. 199, VILLAGE A (MARGARITA VILLAGE) ~, Temeku I-Iills Development Partners, L.P. fled Planning Application No. PA97-021M in accordance with the City of Temecula General Plan and Development Code; WltgREAS, Planning Application No. PA97-0204 was processed in the time and manner prescribed by State and local law; WIIBIEAS, the Planning Commission considered Planning Application No. PA97-0204 on September 8, 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 hearing, 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. PA97-0204; NOW, TIIRREFORE, THE PLANNING COMMISSION 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 recommending approval of Planning Application No. PA97-0204, makes the following findings; to wit: A. The development to be carried out pursuant to the Development Agreement is consistent with the General Plan. B. The Development Agreement and the development to be carried out hereunder complies with all other applicable requirements of State law, City ordinances and Specific Plan No. 199. Section 3. F. nviron mental Corrtpl iance. Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the Riverside County Board of Supervisors. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional studies were undertaken to update and complement the original FIR. The additional studies, a R:XSTAFFRPTNI42PA97.PC 9/3197 klb 22 geotechnical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the validity of the original analysis. It has been eleven (11) years since the original environmental analysis was performed for this project. Therefore, Staff prepared nothe Initial Environmental Assessment to examine the question of whether any impacts beyond those analyzed in the previous EIR and subsequent studies would result from the proposed project, changes in circumstances, or new information. In areas where there was a potential change in circumstances, specifically traffic, noise, and lighting, staff requested additional information from the applicant. Based upon Staff s analysis, the project is consistent with the information contained in the previously certified EIR. Due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous analysis. Under C~lifomia Public Resources Cede Section 21166 and Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, no additional EIR is required unless additional impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken which would require a major revision in the EIR, or new information that could not have been known at the time the EIR was prepared becomes available. None of these situations has occurred; therefore, no further environmental analysis is required. Seaion 4. PASSED, APPROVEEl AND ADOPTED this 8th day of September, 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 8th day of September, 1997 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Debbie lYonoske, Secretary R:XSTAFFRPTxI42PA97.PC 9/3/97 Jab 23 EXHIBIT A AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT FOR SPECIFIC PLAN NO. 199, VILLAGE A RECORDED AT THE REQUEST OF WHEN RECORDED RETURN TO City Clerk City of Temecu|a P.O. Box 9033 Temecula, CA 92589-9033 (Space Above Line For Recorder's Use) A2VIENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT SPECIFIC PLAN NO. 199, VILLAGE A PLANNING AREAS 33 to 38, 40 to 44 and 46 PLANNING APPLICATION NO. PA 97-0204 "MARGARITA VILLAGE" TEMEKU HILLS DEVELOPMENT PARTNERS, L.P~ UDC HOMES, INC. AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT BETWEEN CITY OF TEMECULA and TEMEKU HILLS DEVELOPMENT PARTNERS, L.P. and UDC HOMES, INC. This Amendment and Restatement of Development Agreement ("Agreement") is entered into by and among the City of Temecula, a California Municipal Corporation ("City") and Temeku Hills Development Partners, L.P., a California limited parmership CTemeku Hills"), and UDC Homes, Inc. a California corporation ("UDC"). Temeku Hills and UDC are sometimes referred to hcrein collectively as "Owner." RECITALS A. Pursuant to California Government Code Section 65864, seq. ("Development Agreement Statutes"), Margarita Village Development Company (Buie-Rancho California and Nevada-Rancho Califomia) 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 November 7, 1988, as Instrument No. 325515 ("Development Agreement No. 5"). B. Development Agreement No. 5 encompasses a project formerly located within County approved S. pecific 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 472 acre residential development located in a portion of Specific Plan No. 199, Village A, known as Temeku Hills Golf and Country Club (the "Project"). The balance of the Original Project covered by Development Agreement No. 5 not included within this 472 acre portion of Specific Plan No. 199, Village A, 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 Temeku Hills obtaining title to the Project as recorded in the Official Records of Riverside County, California on May 3, 1996 as Instrument No. 162332, and UDC obtaining title to a portion of the Project from Temeku Hills as recorded in the Official Records of Riverside County, California on April 18, 1997, as Instrument No. 132180, and pursuant to the provisions of Development Agreement No. 5, Temeku Hills and UDC became successors-in-interest to the "Owner" described in Development Agreement No. 5. 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 to the Project. mcmillin\combined.da/l 8536.11011090397 -2- 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 this 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 the City and have been found to be fair, just, and reasonable. H. The 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 tuitigate 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, after extensive study, and public input and hearings, the City has adopted a Development Impact Fee for detached units of $2,934 per unit and for attached units of $2,114 per unit. Therefore, the City is willing to reduce the County Development Agreement Fees for residential development in the Project to the level contemplated by this Agreement. 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 without limitation: .j mcmillin\combined.da/l 8536.0Ol/090397 -3- (D (2) (3) (4) (5) (6) completion of vacant lots in Project; payment of signal mitigation fees; payment of library fees; payment of park fees; payment of Fire Protection Impact Fees; and payment of Street System Impact Fees. All of the fees described above are a part of, and included within, the Public Facilities Fee contemplated herein. 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. The City Council of the City has approved this Agreement by Ordinance No. adopted on , and effective on ("Effective Date"). On the Effective Date, Development Agreement No. 5 shall be 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 at2d phrases shall have the meaning set forth below: 1. I "City" is the City of Temecula. 1.2 "City Public Facilities Fee" is an amount established by Ordinance of City as more particularly defined in Section 12.3 of this Agreement. 1.3 "City's Quimby Requirement" means Owner's obligation to dedicate park land or pay in lieu park fees under Riverside County Ordinance No. 460.93, as the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04, as more particularly defined in Section 12.2 of this Agreement. 1.4 "County" is the County of Riverside. 1.5 "County Development Agreement Fee" means the County public facilities and services mitigation fee set forth in Section 4.2 of Development Agreement No. 5. 1.6 "Development Agreement Fee" means the development agreement fee set forth in Section 12.6 of this Agreement. .j rncmillin\combined.da/l 8536.0011090397 -4- 1.7 "Development Exaction" means any requirement of the 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. 1.8 "Development Plan" means the Existing Development Approvals. 1.9 "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. 1.10 "Existing Development Approval(s)" means those certain development approvals relating to the Property in effect as of the Effective Date, 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. 1.11 "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. 1.12 "Financing District" means a Community Facilities District formed pursuant to the Mello-Roos Community Facilities Act of 1982 (California Government Code Section 53311 ~.t s,eq., 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. 1.13 "Hazardous Substance" shall include, without limitation, any ~ammable explosives, radioactive materials, asbestos, polychlorinated biphenyls, chemicals know~t 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, contarninants, 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 usod, stored, and disposed of in accordance with all applicable laws. 8536.001/090397 -5- 1.14 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations, and written 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) Services District; Taxes, assessments and rates and charges of the City's Community (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. 1.15 "Owner" means Temeku Hills Development Partners, L.P., a limited parmership, UDC Homes, Inc., a California corporation, and any successors in interest to Temeku Hills and UDC 1.16 "Project" is the development of the Property in accordance with the Development Plan. 1.17 "Property" is the real property described in Exhibit C, attached hereto and incorporated herein by this reference. 1.18 "Remaining Units" means all remaining residential dwelling units within the Project after the 6081h such residential unit, all as more particularly described in Section 12.5(b) of this Agreement. 1.19 "RSA Fee" means the fee established by County Ordinance No. 659, adopted by City by Ordinance No. 90.04. 1.20 "Subsequent Development Approvals" means all development approvals required subsequent to the Effective Date in connection with development of the Property. 1.21 "Subsequent Land Use Regulation" means any Land Use Regulation applicable to the Property adopted and effective after the Effective Date of this Agreement. mcmil[in\combined.da/I 8536.001/090397 -6- 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 part hereof by this reference: Exhibit Desi~,nation Description B. C. D. Existing Development Approvals Existing Land Use Regulations Legal Description of the Property Assignment and Assumption of Development Agreement Notice From Mortgagee Fee Matrix 4. Term. 4.1 The term of this Agreement shall commence on the Effective Date and shall extend for a period of ten (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 after 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 the City of this Agreement. 5. Assignment. 5.1 Ric, ht to Assic, n. 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 from 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 part 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 racrnillin\combined.tla/1 8536.001/090397 -7- obtained from 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 the form attached hereto as Exhibit D, 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, transferee, or assignee until and unless such agreement is executed. 5.2 Release of Transferring 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 the City, which release shall be provided by the 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 Properly 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 the City for any and all City costs associated with Owner's transfer of all or a portion of the Properly. 5.3 Termination of Agreement with Respect to Individual Lots uoon Sale to Public and Comoletion of Construction. Notwithstanding Subsection 5.1, or any other provisions of this Agreement, this Agreement shall terminate with respect to any lot ai~d 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 Subseouent Assignment. Any subsequent sale, transfer, or assignment after an initial sale, transfer, or assignment shall be made only in accordance with and subject 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, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust, or other security device securing financing with 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 and provided further that the City will be entitled to exercise its discretion in accordance with applicable law. Owner shall reimburse City for any and all of City's reasonable costs associated with the negotiations, interpretations, and modifications with~n~ 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 E, 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 E, 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 10 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. 8536.001/090397 '9- (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 in lieu of such foreclosure, shall take the Property, or pan 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 affirmative 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. Binding 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. Project as a Private Undertakin~/Relationshil~ 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 parmership, 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. ChanEes in Proiect. 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 acknowledge that Owner cannot at this time predict when, or the rate at which, the Property will be 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 Camarillo, 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 mcmillin\combirtd.da/l 8536,001/090397 -10- times as the Owner deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Plan. 11. IndemniW and Cost of Litigation. 11. I 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 Third ParW Litigation Concernin~ A~,reement. Owner shall indemnify, protect, defend, at its expense - including attomey's fees, and hold 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 any third party. City shall promptly notify Owner of any such claim, action, or proceeding and City shall cooperate in the defense. If City falls 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. 11.3 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 dataages, 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 wimess fees and costs incurred in connection with defending against any of the foregoing or in enforcing 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 detoxification, or preparation and implementation of any removal, remedial, response, closure, or other plan (regardless of whether undertaken due to governmental action) concerning a HaTnrdous 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 Califomia Health and Safety Code Section 25364, and their successor statutes, to insure, protect, hold harmless, and indemnify City from liability. 8s 36. oo l /ogo39v -1 I- 11.4 Release. 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 liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the City because it entered into this Agreement or because of the terms of this Agreement. 11.5 Reservation of Ri~,hts. With respect to Sections 11.1 through 11.4 herein, City reserves the right 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 attorney's fees, upon billing and accounting therefor. 11.6 Survival. The provisions of this Section 11.1 to 11.6, 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 p, arties 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 Ouimbv Recluirement. Temeku Hills shall satisfy its obligations to dedicate park land or pay in lieu park fees under Riverside County Ordinance No. 460.93, as the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04 CCity's Quimby Requirement") as follows: (a) Temeku Hills shall dedicate to the City land for a fully improved park to be used for recreational purposes in accordance with the City's Quimby Requirement, in a size to be determined as set forth below, prior to the issuance of the 6081h building permit for residential dwelling units in the Project. The size of the park described above in this Section 12.2(a) shall be calculated in the following manner: (i) Multiply the number of dwelling units in the Project by 2.59 (the average number of persons per dwelling unit), and then divide that sum by 1,000. (ii) Multiply the quotient obtained by the calculation in subparagraph (i) above by five (5) (the number of acres required per 1,000 people). (iii) The result of the multiplication obtained in sub-paragraph (ii) above shall constitute the size of the park to be dedicated by Temeku Hills to the City, subject to reduction for the credits set forth in Section 12.2(b) below. (b) The park described in Section 12.2(a) above shall be reduced in size by the following credits: (i) An acreage credit determined by multiplying the size of the park determined in accordance with Section 12.2(a) by twenty-five percent (25%) for the Temeku Hills Golf Course located within the Project. (ii) A 2.5 acre credit for Veterans Park. (ii) An acreage credit of 1.10 acres determined by multiplying the 2.2 acre common recreational facilities located within the Project by fifty percent (50%). (c) By way of example only, if the number of dwelling units in the Project is 1,449, the size of the park to be dedicated by Temeku Hills to the City pursuant to this Section 12.2 shall be as follow: 1,449 dwelling units x 2.59 persons, divided by 1,000, multiplied by 5 acres = 18.76 acre park; 18.76 acre park, less the following credits: (4.69) acre credit (25% golf course credit x 18.76 acre park) (2.50) acre credit for Veterans Park (1.10) acre credit for the common recreational facilities (2.2 acres x 50%). 10.47 acre park required (d) Upon dedication of the land for a park as provided in Section 12.2 (a) above, Temeku Hills shall design and complete construction of park improvements thereon similar to other public parks of the same size and classification prior to the issuance of the 6081h building permit for residential dwelling units in the Project. 12.3 Public Facilities Fee. In lieu of the County Development Agreement Fee, Owner shall pay the City Public Facilities Fee for residential units as follows: (a) For each detached dwelling unit, the amount of Two Thousand Nine Hundred and Thirty-Four Dollars ($2,934.00), inclusive of Street System Impact Fees ($729.00), Traffic Signal and Traffic Control System Fees ($109.00), Parks and Recreation Impact Fees ($1,611.00), Corporate Facilities Impact Fees ($222.00), Fire Protection Impact Fees ($55.00) and Library Impact Fees ($208.00). 8536.001/090397 ' 13 - (b) For each attached dwelling unit, the amount of Two Thousand One Hundred and Fourteen Dollars ($2,114.00), inclusive of Street System Impact Fees ($511.00), Traffic Signal and Traffic Control System Fees ($77.00), Parks and Recreation Impact Fees ($1,209.00), Corporate Facilities Impact Fees ($118.00), Fire Protection Impact Fees ($42.00) and Library Impact Fees ($156.00). The City Public Facilities Fee shall be paid as provided in Section 12.8 below. Owner expressly acknowledges the existence and holding in the case of Kaufman and Broad Central Valley, Inc. v. City. of Modesto, (1994) 25 Cal.App.4th 1577, as it applies to later adopted fees. Owner hereby waives for himself, and for any successor thereto, the right to challenge the validity or amount of any such other public facilities fees which are enacted and applied to residential development projects in the City. Such waiver applies to the Project after the City Public Facilities Fee has been enacted by the City and applied to residential development projects in the City. Owner acknowledges and agrees that the 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. 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 the City Public Facilities Fee, 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. 12.4 Public Facilities Fee Adjustment. The fees required by Section 12.3 above 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: (a) 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. (b) Multiply the quotient obtained by the calculation in sub-paragraph (a) above times the fees to be adjusted. (c) The result of the multiplication obtained in sub-paragraph (b) 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. 8536.001/090397 -14- In no event shall the fees after adjustment be less than the fees set forth in Section 12.3 above. 12.5 Public Benefits and Credits. In consideration of Temeku Hills dedicating, designing and improving a public park, providing the existing Veterans Park and setting aside substantial private usable open space within the Project, all as more specifically set forth in Section 12.2 above, Temeku Hills shall be entitled to an offset against the Park and Recreation Impact Fees paid by Temeku Hills as a component of the City Public Facilities Fee for the actual costs expended by Temeku Hills for the design and construction of the park described in Section 12.2 above (as evidenced by actual third party invoices), including a reasonable overhead burden of 10% of such actual costs (the "Park Fee Offset"). As a result of the Park Fee Offset, the Park and Recreation Impact Fees paid as a component of the City Public Facilities Fee shall be affected in the following manner: (a) Eliminated for the first 608 building permits issued to Owner for residential dwelling units within the Project; and (b) Eliminated for the number of building permits issued to Temeku Hills for residential dwelling units constructed in excess of 608 units until such time as the Park Fee Offset has been exhausted. (c) By way of example only, assuming the cost to improve the park described in Section 12.2 above is One Million Five Hundred Thousand Dollars ($1,500,000), and the Park and Recreation Impact Fee, including the Development Agreement Fee, is $1,772.10, the number of building permits in excess of 608 units to be issued to Temeku Hills for which the Park and Recreation Impact Fees component of the City Public Facilities Fee would be eliminated as a result of the Park Fee Offset is as follows: $1,772.10 park fee x 608 dwelling units = $1,077,436.80 $1,500,000 park improvements - $1,077,436.80 = $422,563.20 Park Fee Offset $422,563.20 Park Fee Offset + $1,772.10 park fee = 238.45 building permits in excess of 608 issued for which no Park and Recreation Impact Fees would be paid (for a total of 846.45 building permits for which no Park and Recreation Impact Fees would be paid including the first 608 building permits) 12.6 Develovment Ac, reement Fee. In consideration of the City granting to Owner the rights and benefits contained within this Agreement, Owner shall pay to the City a development agreement fee in an amount equal to ten percent (10%) of each component of the City Public Facilities Fee described in Section 12.3(a) or 12.3(b), as the same may be increased from time to time pursuant to Section 12.4 above (the "Development Agreement Fee"). The Development Agreement Fee shall be added to the City Public Facilities Fee and paid as provided in Section 12.8 below. 12.7 Fee Matrix. Attached hereto as Exhibit F is a Fee Matrix showing the City Public Facilities Fee, and the individual components thereof, the credits applicable to the City Public Facilities Fee, and components thereof, and the Development Agreement Fee. 12.8 Timing. The.City Public Facilities Fee shall be paid at the time of issuance of building permits for each residential unit constructed on the Property. Collection of any and all interim Public Facilities Fees, or component thereof (or when combined with the Park and Recreation Impact Fees) paid by the Owner for all home units constructed prior to adoption of this Agreement, in surplus to those fees contained herein, shall be credited to Owner. 12.9 Other ADvlicable Fees. (a) Owner also shall 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 tenln' of this Agreement, not included in the City 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 Stephen' 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. I2.10 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 rmy 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 construction. 8536.(~011090397 -16- 12.11 Preference. In the event the City approves, enacts or applies a City Public Facilities Fee or any component thereof, in an mount which is less than the amount(s) provided in Section 12.3 above, or if the City approves, enacts or applies a City Public Facilities Fee or any component thereof, for any other detached residential dwelling units in an amount which is less than applicable to the Project, or if the City approves, enacts or applies a Development Agreement Fee which is less than provided in this Agreement, or if the City approves, enacts or applies any other fee which serves the same or similar purposes of the Development Agreement Fee, or the City Public Facilities Fee in an amount which is less than provided in this Agreement, the City shall adjust the amounts of the City Public Facilities Fee, and/or Development Agreement Fee applicable to the Project to equal the lesser fee amount(s). If any attached dwelling units are constructed in the Project, the City agrees to apply the adopted components and fees for attached residential units with the same proportional adjustments and credits as set forth in Section 12 of this Agreement. 13. Reservation of Authority. 13.1 Limitations, Reservations, and Excevtions. 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. (b) . Regulations goveming construction standards and specifications including without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Fire Code. (c) 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. (d) 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 Development A13Drovals. 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. mcmiLlin\combined.da~l 8536.001/090397 -17- 13.3 Modification or Suspension bv 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. 13.4 Regulation by Other Public A~eneies. 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 May Extension. Pursuant to the provisions of Section 66452.6 of the Government Code, any current or future tentative subdivision map(s) or tentative parcel map(s) (vested or regular) approved as a part of implementing the Development Plan, including without limitation Revised Tentative Tract Map 23371, shall be extended to expire at the end of the term of this Agreement. 13.6 Vesting 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 6641.0, 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 fight 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 to 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. 13.7 Tentative Tract Maps - Perimeter Walls. The conditions of approval for tentative subdivision map(s) or tentative parcel map(s) (vested or regular) approved as a part of implementing the Development Plan shall be amended to provide that the construction of perimeter walls and installation of landscaping and irrigation systems, that would otherwise be required to be completed prior to the construction of any residential dwelling units, shall be constructed in phases as the adjacent tracts are developed within the Project. 13.8 Maintenance of Proiect Landscalve Areas. Owner shall form a homeowners' association which shall maintain all landscape areas within the Project including, without limitation, all block walls and entry monuments located within the Project. Notwithstanding the foregoing, the City acting through its Community Services District and upon compliance with all applicable laws including, without limitation, any necessary public voting procedures, shall consider maintaining all exterior landscape areas (excluding block mcmillin\combined.da/I 8536.001/090397 - 18- walls and entry monuments) within the Project adjacent to main collector streets having widths of sixty-six feet (66') or larger. Unless these areas are accepted by the City's Community Services District for maintenance, they will be maintained by the homeowner's association. 13.9 Maxgarita Road Reimbursement. Owner's obligation to reimburse the City for the cost of constructing certain roadway improvements to the east side of Margarita Road from Rancho California Road to La Serena shall be $185.00 per residential unit applicable to the first 800 residential units constructed in the Project, all as more specifically set forth in that certain Reimbursement Agreement recorded in the Official Records of Riverside County on July 14, 1994, as Instrument No. 281356. 13.10 Modified Street Sections. The Existing Development Approvals incorporate the conversion of previously designated "private streets" within the Project to public streets. To accommodate the conversion of private streets to public streets within the Project, and as more fully set forth in the Existing Development Approvals, the City has approved one type of{nodified street sections for Tracts 23371-1 through 23371-7, and another type of modified street sections for the remainder of the Project. 13.11 Park Improvement Agreement and Security. For park improvements, recreation facilities, slopes and landscaping proposed for dedication to the City's Community Services District pursuant to this Agreement, Owner shall enter into an Improvement Agreement and post securities for said improvements concurrently with the recordation of the tracts where the improvements are located. 14. Development of the Provertv, Vesting, Termination of Develovment A~reement No. 5 14. I Rights to Develov. Subject to the terms of this Agreement, including payment of the City Public Facilities Fee and the Development Agreement 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 size of proposed buildings, and provisions for reservation and dedication of land for 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 approval attached to any entitlement which is a part of the Development Plan. 14.2 Effect of A~reement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, including the payment of the City Public Facilities Fee, the rules, regulations, and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height size of proposed buildings, and the design, improvement and construction standards and specifications 8536,001/090397 '19- applicable to development of the Property shall be Existing Land Use Regulations. City shall exercise its lawful reasonable discretion in connection with Subsequent Development Approvals in accordance with the Development Plan, and as provided by this Agreement including, but not limited to, payment of the City Public Facilities Fee and the Development Agreement Fee. 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 Owner's 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 provided such a change does not: (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; or, (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 Enviroumental Impact Report pursuant to Section 21166 of the Public Resources Code. 14.4 Termination of Development Agreement No. 5. Both the City and the Owner agree that on the Effective Date of this Agreement, Development Agreement No. 5 shall be terminated and of no further force or effect as to this Project only, having been replaced by this Agreement. mcmillin\combined.da/l 8536.001/090397 15. Periodic Review of Compliance with A~reement. (a) Pursuant to City Resolution No. 91-52, as it may be subsequently amended, 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 furnish such evidence of good faith compliance as City in the exercise of its discretion may require. 16. Financin~ District. Upon the request of Owner, the parties shall cooperate in exploring the use of special assessment districts and other similar Financing Districts for the financing of the construction, improvement, or acquisition of public infrastructure, facdities, 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 district or to issue or sell bonds. 17. Agreement or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Section 65868. If an amendment is requested by the Owner or its successor, the OwOer/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) If a warranty, representation, or statement made or furnished by Owner to City is false or proves to have been false in any material respect when it was made; (b) More than forty-five (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. mcmillin\combined,da/l 8536.130 1109039'/ 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) Non-performance shall not be excused because of a failure of a third person. (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. 21. Remedies. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of tiTis 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 or claim any damages for breac.h 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 right to seek damages against the City or any officer, employee or agent thereof, for any default or breach of this Agreement. 22. Attorneys 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 ~witing and delivered in person or sent by certified mail postage prepaid and presumed delivered upon actual receipt by personal delivery or within three (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 Attention: City Clerk mcmillin\combined.da/l 8536.1201/090397 -22- 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: Temeku Hills Temeku Hills Development Partners, L.P. 2727 Hoover Avenue National City, CA 91950 Attention: James H. Hunter, Senior Vice President With a copy to: Lorenz Alhadeff Cannon & Rose, LLP 27555 Ynez Road, Suite 203 Temecula, CA 92591 Attention: Samuel C. Alhadeff, Esq. UDC: UDC Homes, Inc. 438 Camino Del Rio South, Suite 112B San Diego, CA 92108-3546 Attention: Jon Werner, Division President With a copy to: Hecht, Solberg, Robinson & Goldberg 600 West Broadway, 8th Floor San Diego, CA 92101 Attention: Darryl O. Solberg, Esq. A party may change the address by giving notice in writing to the other party in the manner provided for herein, and thereafter 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. mcmillin~combincd.da/l 853&O01/090397 -23- 25. Miscellaneous Provisions. 25.1 Recordation of A~,reement. This Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code. 25.2 Entire A~,reement. 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 shall 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 12 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 unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 25.4 Interpretation and Governin~ 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 draining 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 Headin~,s. 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 and 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 5 hereof. mcmillin\combined.dajl 8536.001/090397 -24- 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 and demand strict compliance by the other party with the terms of this Agreement thereafter. 25.10 No Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 25.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and 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 any such events shall occur, the term of this Agreement and 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 performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years. 25.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefitted thereby of the covenants to be performed hereunder by such benefitted party. 25.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitude and constitute covenants running with the land. Each covenant to do or refrain from 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 enforcing, 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 hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. mcmillin\combined.da/l 8536.0011090397 -25- 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 A~reement for Service of Process. In the event owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, parmer 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 California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process 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. AuthoriW 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. tncmiltin\combinecLda/l 8536.CO1/090397 -26- IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto. "CITY" City of Temecula ATTEST: By: Patricia H. Birdsall, Mayor June S. Greek, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney [Notary Required] [SIGNATURES CONTINUE ON NEXT PAGE] mcmillin\combine~.da/l 8536.0011090397 -27- "OWNER" Temeku Hills: Temeku Hills Development Partners, L.P., a California limited partnership By: McMillin Project Services, Inc., a California corporation, as Attorney-in-fact Under Durable Power of Attorney By: (,is ..... Its: (dd~) Its: UDC Homes, Inc., a California corporation By: Its: [Notary Required] Its: (tide) mcmillin\combined.da/l 8536.0011090397 ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SS On , 1997, before me, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted; executed the instrument. WITNESS my hand and official seal. Signature SEAL [] [] CAPACITY CLAIMED BY SIGNER INDIVIDUAL(S) OFFICER(S) (TITLE[S]): [] [] [] [] [] [] PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER: Chairperson SIGNER IS REPRESENTING: Name of person(s) or entity(ies) 8536.001/090397 -29- ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SS On , 1997, before me, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature SEAL [] [] CAPACITY CLAIMED BY SIGNER INDIVIDUAL(S) OFFICER(S) (TITLE[S]): [] [] [] [] [] [] PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER: Chairperson SIGNER IS REPRESENTING: Name of person(s) or entity(ies) mcmillin\combined.da/l 8536.001/090397 -30- ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SS On , 1997, before me, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(S) acted, executed the instrument. WITNESS my hand and official seal. Signature SEAL [] [] CAPACITY CLAIMED BY SIGNER INDIVIDUAL(S) OFFICER(S) (TITLE[S]): [] [] [] [] [] [] PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER: Chairperson SIGNER IS REPRESENTING: Name of person(s) or entity(ies) mcmillin\combined.da/l 8536.0~1/090397 '3 1 - ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SS On , 1997, before me, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature SEAL [1 [1 CAPACITY CLAIMED BY SIGNER INDIVIDUAL(S) OFFICER(S) (TITLE[S]): [] [] [] [1 [1 [1 PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER: Chairperson SIGNER IS REPRESENTING: Name of person(s) or entity(ies) mcmillln\combined.da/1 as36.0m/o~397 -32- ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SS On , 1997, before me, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same in his/her/their authorized capacity(ies), and that by Ms/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature SEAL [] [] CAPACITY CLAIMED BY SIGNER INDIVIDIdAL(S) OFFICER(S) (TITLE[S]): [] [] [] [] [] PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER: Chairperson SIGNER IS REPRESENTING: Name of person(s) or emity(ies) mcmillin\combined.tta/l 8536.001/0~O397 -33- ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SS On , 1997, before me, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, Signature SEAL [] [1 CAPACITY CLAIMED BY SIGNER INDIVIDUAL(S) OFFICER(S) (TITLE[S]): [] [] [] [] [] [] PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER: Chairperson SIGNER IS REPRESENTING: Name of person(s) or entity(ies) mcmillin\combined.da/l 8536,001/090397 ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SS On , 1997, before me, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature SEAL [] [] CAPACITY CLAIMED BY SIGNER INDIVIDUAL(S) OFFICER(S) (TITLE[S]): [] [] [] [] [] [] PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER: Chairperson SIGNER IS REPRESENTING: Name of person(s) or entity(ies) EXHIBIT A EXISTING DEVELOPMENT APPROVALS General Plan - Low, Low Medium and Medium Density Residential Soeci~c Plan - County of Riverside Ordinance No. 460, Specific Plan No. 199 (Margarita Village) Land Divisions- Final Tract Map No. 23371-1 Final Tract Map No. 23371-2 Final Tract Map No. 23371-3 Final Tract Map No. 233714 Final Tract Map No. 23371-5 Amended Tentative Tract Map No. 23371 Tentative Tract Map No. 28482 mcmillin\combined.daq 8536.001/090397 -36- EXHIBIT B EXISTING LAND USE REGULATIONS General Plan Land Use designation is Low, Low Medium and Medium Density Residential. Specific Plan 199 (Margarita Village) mcmiltin~combined.da/l ss3~,co~/o9o3~7 -37- EXHIBIT C LEGAL DESCRIFrlON mcmHlin\combincd,da/l S536.0011090397 -38- EXHIBIT D ASSIGNMENT AND ASSUMPTION OF DEVELOP1VIENT AGREEMENT ss36.o0~/o9o397 -39- EXHIBIT E REQUEST FOR NOTICE OF DEFAULT UNDER DEVELOPMENT AGREEMENT Development Agreement: Amendment and Restatement of Development Agreement Specific Plan No. 199, Margarita Village Planning Application No. Dam: To: City of Clerk and Planning Director, City of Temecula Pursuant to Sections 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 receive 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 conseouences 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. 8536,001/090397 The undersigned declares the above information is true and correct under the penalty of perjury under the laws of the State of California. Dated: , 1997 Mortgagee By: (signature) Its: (printed name) (title) [Notary required] This Notice is to be sent to 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 Temecula City Hall may be located in the future. mcmillin\combined.da/l 8536.001/090397 -41 - ATTACHMENT NO. 4 PC RESOLUTION NO. 97- PA97-0144 R:\STAFFRF~I42pAg'7.PC 9/3/97klb 25 ATTACHlVIENT NO. PC RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA97-0144 (TF_aNTATIVE TRACT MAP NO. 28482) LOCATI~SOUTH OFLA SERENA WAY, EAST OF MARGARITA ROAD, WEST OF MEADOWS PARKWAY, NORTH OF RANCHO CALIFORNIA ROAD, WITHIN ~ MARGARITA VILLAGE SPECIFIC PLAN AND KNOWN AS ASSESSOR'S PARCEL NO. 953-035-007, 953--060-008, -009, and -028. WttFI!EAS, Temeku Hills Development Partners, L.P. fled Planning Application No. PA97-0144 in accordance with the City of Temecula General Plan and Riverside County l~nd Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, Planning Application No. PA97-0144 was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA97-0144 on September 8, 1997, at a duly noticed public hearing as prescribed by law, at which time interested persons had an oppommity to testify either in support or in opposition; WHEREAS, at the public hearing, 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. PA97-0144; 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. FAadiag~ That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: 1. The proposed land division and the design or improvement of the project is consistent with the proposed General Plan designations and Specific Plan No. 199. The site is physically suitable for the type and density of development. The proposed General Plan Land Use R:\STAFFRPT~I42PA97.PC 9/3/97 klb 26 designations for the site are Low-Medium Density Residential (3-6 dweRing units per acre) and Medium Density Residential (7-12 dwelling units per acre). Planning Area 40 proposes 198 residential parcels on 40.1 acres for a density of 4.94 units per acre and is consistent with the Low Medium designation. Planning Area 38 proposes 181 dwelling units on 29.3 acres for a density of 6.18 units per acre and is consistent with the Medium designation. 2. The design of the proposul land division or proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There are no known fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or habitat off-site. The site is surrounded by development and is an in~ll 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 is not likely to cause serious public health problems. The project ha~ been reviewed for conformance with Specific Plan No. 199, 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. 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, property within the proposed land division. The project will take access from La Serena Way, Meadows Parkway, and Rancho California Road, and will not obstruct any easements. 5. The map as proposed, conforms to the logical development of the proposed site, and is compatible with the health, safety and welfare of the community. Section 3. Environmental Compliance. Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the Riverside County Board of Supervisors. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional studies were undertaken to update and complement the original EIR. The additional studies, a geotechnical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the validity of the original analysis. It has been eleven (11) years since the original environmental analysis was performed for this project. Therefore, Staff prepared another Initial Environmental Assessment to examine the question of whether any impacts beyond those analyzed in the previous EIR and subsequent studies would result from the proposed project, changes in circumstances, or new information. In areas where there was a potential change in circumstances, specifically traffic, noise, and lighting, staff requested additional information from the applicant. Based upon Staffs analysis, the project is consistent with the information contained in the previously certified EIR. Due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous analysis. R:~TA~142PA97.PC 9/3/97 Idb 27 Under California Public Resources Code Section 21166 and Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, no additional FJR is required unless additional impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken which would require a major revision in the FiR, or new information that could not have been known at the time the EIR was prepared becomes available. None of these situations has occurred; therefore, no further environmental analysis is required. Section 4. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No. PA97-0144 (Tentative Tract Map No. 28482) located south of La Serena Way, east of Margarita Road, west of Meadows Parkway, north of Rancho California Road, within the Margarita Village Specific Plan and known as Assessor' s Parcel No. 953-035- 007, 953-060-008, -009, and -028, subject to Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. Section 5. PASSED, APPROVED AND ADOPTED this 8th day of September, 1997. Linda Fathey, 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 8th day of September, 1997 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\$TAFFRPTX142PA97.1~C 9/3/97k~ 28 EXHIBIT A CONDITIONS OF APPROVAL PA97-0144 R:~STAFFRF~I42PA97.PC 9131rl k~ 29 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA97-0144 (Tentative Tract Map No. 28482) Project Description: Assessor's Parcel No.: Approval Date: Expiration Date: A residential subdivision of 74.5 acres into 368 single family lots, two landscape lots end two open space/recreational lots within Planning Are 40 of Specific Plan No. 199 - Margarits Village 953-035-007, 953-060-008, -009, and -028 September 8, 1997 November 8, 2000 or as amended by Development Agreement (PA97-0204) PLANNING DEPARTMENT 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. PA97-0144 (Tentative Tract Map No. 28482) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et SPa., 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. If subdivision phasing is proposed, the applicant shall submit a phasing plan to the Planning Manager for approval. e The tentative subdivision shall comply with all requirements of Specific Plan No. 199 and its amendments unless superseded by these conditions of approval. 5. The tentative subdivision shall be covered by Covenants, Conditions and Restrictions and Homeowner Association requirements already established for other residential subdivisions within Village A of Specific Plan No. 199. Maintenance of common areas and slope areas shall be provided in accordance with Exhibit F - Maintenance Responsibility Exhibit. Turn-in garages for standard vehicles are limited to lots with a frontage width of 45 feet or wider. Prior to Issuance of Grading Permits The applicant shall submit a copy of the Rough Grading plans to the Planning Director for approval. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code. 10. The applicant shall submit construction landscape plans to the Planning Department for review and approval. The plans shall be consistent with City standards 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: Landscaping on all sloped areas and common areas. Front yard landscaping. The height, location and materials for all walls and fences along rear and side yards of individual interior lots. Fencing shall be installed at the toe of slopes. Prior to Recordation of the Final Map 11. The applicant shall submit the following to the Planning Director for approval: A copy of the Final Map A copy of the Rough Grading Plans A copy of the Environmental Constraint Sheet (ECS) with the following notes: "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." 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 12. 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. 13. The applicant shall submit the following to the Planning Director for approval: a. Precise grading plans consistent with the approved rough grading plans including all structural setback measurements. b. The Temporary Use Permit application for a Model Home Complex (if applicable) which includes the following: i. Site Plan with off-street parking ii. Construction Landscape Plans iii. Fencing Plans iv. Building Elevations v. Floor Plans vi. Materials and Colors Board c. A Development Plan shall be submitted and approved by the Planning Director for the housing product. 14. 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. 15. 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 16. Front yard and slope landscaping within individual lots shall be completed for inspection. 17. 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 18. 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. 19. A Grading Permit for either rough or precise 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. R:~STAFFRP~I44PA97.COA 9/3/97 20. 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. 21. 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 epproved, subdivision improvement agreements executed and securities posted: 22. 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 Rancho California Water District Eastern Municipal Water District Riverside County Flood Control and Water Conservation 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 23. The Developer shall construct the following public and private improvements to standards approved within Specific Plan Amendment No.3 unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: Improve Meadows Parkway from Rancho California Road to meet and match existing northerly improvements to Major Highway Standards (100' R/W) to include dedication of full-width right-of-way; installation of half-width paved street improvements plus full raised traffic safety island, 12-foot paved travel lane easterly of centerline and an eight-foot D.G. shoulder; curb and gutter; sidewalk; street lights; drainage facilities; signing and striping; utilities (including but not limited to water and sewer). Improve Royal Birkdale Drive to Modified Local Standards (65.5' R/W) to include dedication of full-width street right-of-way, installation of full-width street improvements including 12-foot raised traffic safety island, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). CE Improve all private interior streets to Modified Local Standards (50' R/W), with the exception of Streets "A" and "J" (66'R/W) to include dedication of full-width street right-of-way (in addition to 16' raised median for Streets "A" and "J" exclusively), installation of full-width street improvements, paving, curb and R:~STAFFRPT~I44PA~7.COA 9/3197 lab 4 gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans, as specified in City Standards and Specific Plan Amendment No.3: Minimum street centerline radii shall be 250 feet, except as modified through the Specific Plan. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Maximum street grade shall not exceed 12%. Driveways shall conform to the applicable City Standard Nos. 207, 207A and/or 208. Street lights shall be installed along the public streets and designed in accordance with Ordinance No. 461. Concrete sidewalks shall be constructed in accordance with Modified City Standard Nos. 400 and 401 to a standard width of 4.5 feet contiguous with face of curb. f. 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 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. j. Cul-de-sac geometries shall meet current City Standards. Relinquish and waive right of access to and from Rancho California Road and Meadows Parkway on the Final Map with the exception of interior street openings 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. R:~STAFFRP~I44PA97.COA 9,'3/97 lab 5 10. 11. 12. 13. 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. Any delinquent property taxes shall be paid. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be recorded with the final 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. Special Study Zones. b. Geotechnical hazards identified in the project's geotechnical report. c. Archeological and paleontological resources found on the site. 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. 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. 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. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." R:~TAFFRPT~I44PA97.COA 9/'1/97 klb 6 Prior to Issuance of Grading Permits 14. 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 Riverside County Health Department Community Services District General Telephone Southern California Edison Company Southern California Gas Company 15. 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. 16. An updated 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. 17. An updated 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. 18. 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. 19. 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. R:~STAFFI~T~144pA~7.COA 9,'3/97 klb 7 20. 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. 21. 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. 22. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The tetters or easements shall be in a format as directed by the Department of Public Works. 23. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. Prior to Issuance of Building Permits 24. The corresponding Final Map shall be approved and recorded. 25. 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. 26. 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. 27. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with the Memorandum of Understanding dated April 23, 1996. Prior to Issuance of Certificates of Occupancy 28. 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 29. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 30. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. R:~STAFFILPT~I44PAP7.COA 9/3/97 Ir. lb 8 31. 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. BUILDING AND SAFETY DEPARTMENT 32. 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. 33. Obtain street addressing for all proposed buildings prior to submittal for plan review. 34. Provide electrical plan including loan calcs and panel schedule, plumbing schematic and mechanical plan for plan review. 35. 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. 36. Based on submitted documents, the occupancy classification of the proposed use shall be R-3, U-1. 37. Truss calculations that are stamped by the engineer of record, the truss manufacturers engineer, are required for plan review submittal. TEMECULA COMMUNITY SERVICES DISTRICT Community Services has reviewed the revised tentative map application and has the following conditions of approval: GENERAL REQUIREMENTS: 38. The park dedication requirement (Quimby) shall be satisfied with the development and dedication of the community park identified in Specific Plan 199, Amendment No. 3. 39. The installation of all slopes and landscaped medians shall be in conformance with the City of Temecula Landscape Development Plan Guidelines and Specifications. 40. Construction of the community park, slopes and landscaped medians proposed for dedication to the TCSD shall commence pursuant to a pre-job meeting with the developer and the City Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance program. 41. The developer shall complete the TCSD application process prior to the acceptance of street lighting and perimeter slope areas into the respective TCSD maintenance programs. The developer shall maintain the slopes and landscaped medians until such time as those responsibilities are accepted by the TCSD or other responsible party. 42. Exterior slopes adjacent to Rancho California Road and Meadows Parkway shall be maintained by an established homeowner's association until such time as those responsibilities are offered and accepted by the TCSD for maintenance purposes. All other interior slopes, open space, perimeter walls, and entry monumentation shall be maintained by a homeowner's association. 43. Bike lanes shall be provided on site to intercept with the City's Park and Recreation Master Plan. Class II bike lanes shall be completed in concurrence with the street improvements. PRIOR TO RECORDATION OF FINAL MAPS: 44. Prior to recordation of the final map, landscape construction drawings for the slopes and landscaped medians proposed for dedication to the City shall be reviewed and approved by the Director of Community Services. PRIOR TO ISSUANCE OF BUILDING PERMITS: 45. Prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall pay the appropriate fees to the TCSD for the dedication of arterial and residential streets into the appropriate TCSD maintenance program. 46. The community park shall be improved and dedicated prior to the issuance of the 608th overall residential building permit within the Temeku Hills development. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 47. It shall be the developer's responsibility to provide written disclosure of the existence of the TCSD and its service level rates and charges to all prospective purchasers. 48. Prior to the issuance of the first certificate of occupancy within each phased map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. OTHER AGENCIES 49. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District's transmittal dated May 16, 1997, a copy of which is attached. 50. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated May 21, 1997, a copy of which is attached. 51. The applicant shall comply with the recommendations outlined in the Riverside County Flood Control and Water Conservation District's transmittal dated June 26, 1997, a copy of which is attached. I have read, understand and accept the above Conditions of Approval. Applicant Name R:L~TAFFRYI~144PA97.COA 9/3/97 lab ] 0 .,astern J Lunicipa{ / ter District May 16, 1997 Riverads Ccunh' Health Dop=_.~jTlent c/o Rick Engineering Company 3050 Chicago Avenue Suite 100 Riverside, CA~ 92507 Gentlemen: RE: Availability of Sanitary Sewer Se~ce for Tentalive Tract 28482 . We hereby advise you relative to the availability of unitary sewer service for the above referenced proposed development as foliowe: The property to be occupied by the subject proposed development 18 PRESENTLY LOCATED within the boundary lines of this Disbicrs Improvement District No. U'~ and is eligible to receive sanitary sewer service, Upon submittal of plane for review ~e District will determine the following: 1 ) Major off-site fadffijes may be required to sen/e this project. Sanitary sewer service will be made available to the subject property provided: 1) The developer completes all necessary financial and other arrangements therefore, as determined by the Distiict. with the DisMct by November 1998 2) That no UMITING CONDITIONS exist which ARE BEYOND this DISTRICTS CONTROL or CANNOT BE COST-EFFECTIVELY and/or reasonably setterrod by the District, which conditions may include but are not limited to, acts of God, REGULATORY AGENCY REQUIREMENTS or decisions, or legal actions initiated by others; If you have any questions or comments regarding the foregoing. do not hesitate to dontact this office. Sincerely, ~, Assistant Director of Customer Service RECEIVED HAY201997 IPaC-J( ENGINEERING CO Mail to: Post Office Box 8300 San Jacinto, California 92581-8300 Telephone (909) 925-7676 Fax (909) 929-0257 Main Office: 2045 S. San Jacinto Avenue, San .lacinto Customer Service / Engineering Annex: 440 E. Oakland Avenue, Hernet, CA Operations & Maintenance Center: 2270 Trumble Road, Perris, CA 92571 Telephone (909) 928-3777 Fax (909) 928-6177 May 21,199 Board of Dtrector~; Ms. Carole Donahoe, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 By SUBJECT: WATER AVAILABILITY TRACT MAP 28482 PLANNING APPLICATION NO. PA97-0144 Dear Ms. Donahoe: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water Distdct (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. The Developer should contact RCWD concerning facility requirements, upsizing the required facilities, and the relocation of any District facilities. If fire protection is required, the 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 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:eb097-2/F012/FEF c: Laurie Willlares, Engineering Services Supervisor Rancho California Water District DAVID P. ZAPPE Gcacnd Manager-Chief Engineer RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT City of Ternecula Planni Department 43200r~Jsiness Park Ddve Temecula, California 92590 Attention: C~}I~.OL~ Ladies and Gentlemen: 1995 MARKET STREET RIVERSIDE. CA 92501 909/275-1200 909/788-9965 FAX 7829.1 The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. hazard reports for such na~e~. DistriCt comments/recommend~ions for such nase~ am normally limiteel to ifams of s_pqcitic interest to the District inc~.'. District Master Dmina Plan fadltiids, other iorml flood control and Area~P~inage Plan fees (development mitigation fees). In addition, information of a general nature is provided. V//This project would not be impacted by Disthct Master Chainage Ran facilities nor are other radiities of regional interest proposed. This project involves District IVlaster Plan facilities. The Dist~ct will acce ownership of such facilities on written request of the City. Fadlities must be constructed to Dist~ct sten~s, and Dmtzict plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. This project prom channels, storm drains 36 inches or larger in diameter, or other facilities that could be considered raglone in nature and/Or a Ic~gical extension of the adopted Master Drainage Plan. The District would consider acceptin ownership of such facilities on writfan rectuest of the C' . Fddlities must be constmctecl to District standar~gs: and District plan check and inspection will be requi~l~6r District acceptance. Plan check, inspection and administrative fees will be required. deferred, at the tim of issuance of the actual permit. ' GENERAL INFORMATION This project my require a National Pollutent Discharge Biminetion stem (NPDES) permit from the State Water Resources Control BOard. Clearance far gmdi , recordation, Or ~h~l approval should not be given Un,I the CAb/ has determined that the project has been grann~ a permit or is shown to be exempL If this pm'ect involves a Federal Emergen.cy Management Agency (FEMA mapped flood plain, then the City should require ~e applicant to rovide all studms, calcutalions, plans and o~tt~r information required to meat FEMA reduiremnts, and should ~rther require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordalion or other final approval of the project, and a Letter of Map Revisio~n (LO MR) prior to occupancy. If a natural watercourse or mapped flood plain is im cted by this project, the City should require the a ticant to obtain a Section 160111G03 A reement from the C;~i~mia Department of Rsh and Game and a Clean P~:ter Act Section 404 Permit from the U.~. Army Corps of Fn ineers, or written correspondonce from these agencies indicating the project is exempffrom these requirements. A ~lean Water Act Section 401 Water Qual~ Certification may b~ required from the local California Regional Water Quality Centsol Board prior to issuance of the Corps 404 permit. Very truly yours, STUART E. MCKIBBIN Senior Civil Engineer Date:/u2 - ~2 ' ~ ATTACHMENT NO. 5 PC RESOLUTION NO. 97- PA97-0143 R:~STAFF~PT~142PA97.PC 9/3/97 k~ 30 ATTACHM~-NT NO. 5 PC RESOLUTION NO. 97- A RESOLUTION OF ~ PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA97-0143 (TENTATIVE TRACT MAP NO. 28526) LOCATED SOUTH OF LA SERENA WAY, EAST OF MARGARITA ROAD, WEST OF MEADOWS PARKWAY, NORTH OF RANCHO CALIFORNIA ROAD, WITHIN THE MARGARITA VILLAGE SPF_~IFIC PLAN AND KNOWN AS ASSESSOR'S PARCEL NO. 953-260-001 through -009 and 9~3-270-001 through -008 WHEREAS, Tcmeku Hills Devclopment Partners, L.P. fried Planning Application No. PA97-0143 in accordance with the City of Temecula G-e~eral Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, Planning Application No. PA97-0143 was processed in the time and manner prescribed by State and local law; WI~REAS, the Planning Commission considered Planning Application No. PA97-0143 on September 8, 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 hearing, 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. PA97-0143; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, 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: A. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: 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. The site is physically suitable for the type and density of development. The project proposes reduction of dwelling units from 62 to 44 residential parcels on 6.04 acres for a density of 7.28 units per acre. This is consistent with the General Plan Land Use designation for maximum density on the site. 2. The design of the proposed land division or proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or theft habitat. The project site has been previously graded and partially developed. 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 divi~ion or the type of improvements is not likely to cause serious public health problems. The project has been reviewed for conformante with Specific Plan No. 199, 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. 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, property within the proposed land division. The project will take access from La Serena Way, Meadows Parkway, Rancho California Road and Margarita Road, and will not obstruct any easements. 5. The map as proposed, conforms to the logical development of the proposed site, and is compatible with the health, safety and welfare of the co~ inunity. Section 3. Environmental Compliance. Environmental ~ npact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the Riverside County Board of Supervisors. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional studies were undertaken to update and complement the original EIR. The additional studies, a geotechnical study, traffic study and a Kangaroo Rat trapping and update study, confumed the validity of the original analysis. It has been eleven (11) years since the original environmental analysis was performed for this project. Therefore, Staff prepared another Initial Environmental Assessment to examine the question of whether any impacts beyond those analyzed in the previous EIR and subsequent studies would result from the proposed project, changes in circumstances. or new information. In areas where there was a potential change in circumstances, specifical:' .-tffic, noise, and lighting, staff requested additional information from the applicant. Based upo; aff's analysis, the project is consistent with the information contained in the previously certifie, ilR. Due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous analysis. Under California Public Resources Code Section 21166 and Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, no additional EIR is required unless R:~STAFFRFBI42PA97.PC 9/3197 additional impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is under~k~n which would require a major revision in the FIR, or new information that could not ha~e been known at the time the FIR was prepared becomes available. None of these situations has occurred; therefore, no further environmental analysis is required. Section 4. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No. PA97-0143 (Tentative Tract Map No. 28526) located south of La Serena Way, east of Margarita Road, west of Meadows Parkway, north of Rancho California Road, within the Margarita Village Specific Plan and known as Assessor' s Parcel Nos. 953-260- 001 through -009 and 953-270-001 through -008, subject to Exhibit A, aUached hereto, and incorporated herein by this reference and made a part hereof. Section 5. PASSED, APPROVED AND ADOPTED this 8th day of September, 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 8th day of September, 1997 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\STAFFRF~I42PA97.PC 9~J/97 k~ 33 EXHIBIT A CONDITIONS OF APPROVAL PA97-0143 R:XSTAFFRPTX142pA97.PC 9/3/97 kJb 34 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA97-0143 (Tentative Tract Map No. 28526) Project Description: Assessor's Parcel No.: Approval Date: Expiration Date: A residential subdivision of 6.04 acres into 44 single family lots with a minimum lot size of 5,220 square feet, within Planning Area 36 of Specific Plan No. 199 - Margarita Village 953-260-001 through -009 and 953-270-001 through -008 September 8, 1997 November 8, 2000 or as amended by Development Agreement (PA97-0204) PLANNING DEPARTMENT 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. PA97-0143 (Tentative Tract Map No. 28526) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seo., 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 harmlese the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. If subdivision phasing is proposed, the applicant shall submit a phasing plan to the Planning Ma. nager for approval. The tentative subdivision shall comply with all requirements of Specific Plan No. 199 and its amendments unless superseded by these conditions of approval. R:~TAFFRFI~I41P,s.97.COA 9/3/97 5. The tentative subdivision shall comply with the conditions of approval for the underlying Tentative Tract Map No. 23371. Maintenance of common areas and slope areas shall be provided in accordance with Exhibit F - Maintenance Responsibility Exhibit. Turn-in garages for standard vehicles are limited to lots with a frontage width of 45 feet or wider. Prior to Issuance of Grading Permits The applicant shall submit a copy of the Rough Grading plans to the Planning Director for approval. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code. 10. The applicant shall submit construction landscape plans to the Planning Department for review and approval. The plans shall be consistent with City standards 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: Landscaping on all sloped areas and common areas. Front yard landscaping. The height, location and materials for all walls and fences along rear and side yards of individual interior lots. Fencing shall be installed at the toe of slopes. Prior to Recordation of the Final Map 11, The applicant shall submit the following to the Planning Director for approval: A copy of the Final Map A copy of the Rough Grading Plans A copy of the Environmental Constraint Sheet (ECS) with the following notes: "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." 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 12. 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. R:'~TAFFRPT~I43PA97.COA 9/3/97 ext 2 13. The applicant shall submit the following to the Planning Director for approval: Precise grading plans consistent with the approved rough grading plans including all structural setback measurements. The Temporan/Use Permit application for a Model Home Complex (if applicable) which includes the following: ii. iii. iv. v. vi. 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. 14. 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. 15. 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 16. Front yard and slope landscaping within individual lots shall be completed for inspection. 17. 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 18. 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. 19. A Grading Permit for either rough or precise 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. R:'~TAFFRPTxI43PA97.COA 9/3/97 c,d 3 20. 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. 21. 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 agreement executed and securities posted: 22. 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 Rancho California Water District Eastern Municipal Water District Metropolitan Water District Riverside County Flood Control and Water Conservation 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 23. The Developer shall construct the following public improvements to City of Temecula General Plan standards and Specific Plan Amendment No.3 unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: Improve Crystallaire Drive to Modified Local Standards (41.5' R/W) to include dedication of full-width street right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk (northerly side only), street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). 24. 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 each final 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. Special Study Zones. b. Any geotechnical hazards identified in the project's geotechnical report. c. Any archeological and paleontological resources found on the site. R:~STAFFRi~143pA97.COA 9/3/97 c,d 4 25. 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. 26. 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. 27. 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. 28. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted the final map. 29. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." Prior to Issuance of Building Permits 30. The corresponding Final Map shall be approved and recorded. 31. 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. 32. 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 and Specific Plan Amendment. 33. 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 Metropolitan Water District Planning Department Department of Public Works Riverside County Health Department 34. 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. 35. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards, Specific Ran Amendment and subject to approval by the Department of Public Works. 36. 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. 37. 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. 38. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. 39. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with the Memorandum of Understanding dated April 23, 1996. Prior to Issuance of Certificates of Occupancy 40. 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 41. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 42. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. BUILDING AND SAFETY DEPARTMENT 43. 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. 44, Obtain street addressing for all proposed buildings prior to submittal for plan review, 45. Provide electrical plan including loan calcs and panel schedule, plumbing schematic and mechanical plan for plan review. R:~TAFFRPT~143PA97.COA 9/3/97 c,d 6 46. 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. 47. Based on submitted documents, the occupancy classification of the proposed use shall be R-3, U-1. 48. Truss calculations that are stamped by the engineer of record, the truss manufacturers engineer, are required for plan review submittal. TEMECULA COMMUNITY SERVICES DISTRICT Community Services has reviewed the revised tentative map application and has the following conditions of approval: GENERAL REQUIREMENTS: 49. The park dedication requirement (Quimby) shall be satisfied with the development and dedication of the community park identified in Specific Plan 199, Amendment No. 3. 50. The installation of all slopes and landscaped medians shall be in conformance with the City of Temecula Landscape Development Plan Guidelines and Specifications. 51. Construction of the community park, slopes and landscaped medians proposed for dedication to the TCSD shall commence pursuant to a pre-job meeting with the developer and the City Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance program. 52. The developer shall complete the TCSD application process prior to the acceptance of street lighting and perimeter slope areas into the respective TCSD maintenance programs. The developer shall maintain the slopes and landscaped medians until such time as those responsibilities are accepted by the TCSD or other responsible party. 53. Exterior slopes adjacent to Rancho California Road shall be maintained by an established homeowner's association until such time as those responsibilities are offered and accepted by the TCSD for maintenance purposes. All other interior slopes, open space, perimeter walls, and entry monumentation shall be maintained by a homeowner's association. 54. Bike lanes shall be provided on site to intercept with the City's Park and Recreation Master Plan. Class II bike lanes shall be completed in concurrence with the street improvements. PRIOR TO RECORDATION OF FINAL MAPS: 55, Prior to recordation of the final map, landscape construction drawings for the slopes and landscaped medians proposed for dedication to the City shall be reviewed and approved by the Director of Community Services. R:~TAFFKI>T~I43PA97.COA 9/3/97 cd 7 PRIOR TO ISSUANCE OF BUILDING PERMITS: 56. Prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall pay the appropriate fees to the TCSD for the dedication of arterial and residential streets into the appropriate TCSD maintenance program. 57. The community park shall be improved and dedicated prior to the issuance of the 608th overall residential building permit within the Temeku Hills development. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 58. It shall be the developer's responsibility to provide written disclosure of the existence of the TCSD and its service level rates and charges to all prospective purchasers. 59. Prior to the issuance of the first certificate of occupancy within each phased map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. OTHER AGENCIES 60. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District's transmittal dated May 16, 1997, a copy of which is attached. 61. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated May 21, 1997, a copy of which is attached. 62. The applicant shall comply with the recommendations outlined in the Riverside County Flood Control and Water Conservation District's transmittal dated June 26, 1997, a copy of which is attached. I have read, understand and accept the above Conditions of Approval. Applicant Name R:~TAFFRPT~I43PK97.COA 9/3/97 r,,astern ./Yi. un icipa[ / ter District ~/~PAL k May16,1997 Riverside County Health Department c/o Rick Engineering Company 3050 Chicago Avenue Suite 100 Riverside, CA 92507 Gentlemen: RE: Availability of Sanitary Sewer Service for Tentative Tract 28526 . We hereby advise you relative to the availability of sanitary sewer sewice for the above referenced proposed development as follows: The property to be occupied by the subject proposed development IS PRESENTLY LOCATED within the boundary lines of this Dis~cts Improvement District No. I)-8 and is eligible to receive sanitary sewer service, Upon submittal of plans for review the District will determine the following: 1) Major off-site facilies may be required to serve this project. Sanitary sewer sendice will be made available to the subject property provided: 1) The developer completes all necessary financial and other arrangements therefore, as determined by the DistTict, with the District by November 1998 2) That no LIMITING CONDrRONS existwhich ARE BEYOND this DISTRICTS CONTROL or CANNOT BE COST-EFFECTIVELY and/or reasonably satisfied by the District, which conditions may include but are not limited to, acts of God, REGULATORY AGENCY REQUIREMENTS or decisions, or legal actions initiated by others; If you have any questions or comments regarding the foregoing, do not hesitate to cbntact this office. Sincerely, Roberi N. Spra;jlirr Assistant Director of Customer Se~ce RECEIVED RAY 2 O 1997 tC4( ENGINEF..RiIG C,O. Mail co. %st Office Box 8500 San .~acinto, California 92581-8300 Telephone (909) 92%7676 Fax (909) 929-0257 Main Of~ce: 2045 S. San Jacinco Avenue. San Jacinco Cuscomer Service / Engineering Annex: 440 E. Oakland Avenue, Hernet, CA Operations ~ Maintenance Center: 2270 Trumble Road. Pcrris, CA 92571 Telephone (909) 928-3777 Fax (909) 92B-6Z77 John F. Hennlgar Phillip L Forbes May 21,199 Ms. Carole Donahoe, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY TRACT MAP 28526 PLANNING APPLICATION NO. PA97-0t43 Dear Ms. Donahoe: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water Distdct (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. The Developer should contact RCVVD concerning facility requirements, upsizing the required facilities, and the relocation of any District facilities. If fire protection is required, the 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 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 971S8:ebO97-31FO121FEF C: LaUrie Willlares, Engineering Services Supervisor Rancho California Water District DAVID P. ?-APPE Gcacr, d Managcr-ChicrEnginccr RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT City of Temecula Plannin Department 43200 ~Jsiness Park Drive Temecula, Calibmia 92590 Attention: C,/~OLF~ .-~0 HAHO~' Ladies and Gentlemen: 1995 MARKET STREET RIVERSIDE, CA 92501 909/275-1200 909/788-9965 FAX 7829.1 The District does not normally recommend conditions for land divisions or other land use cases in ir.x~omted cities. TheDistricta~s~d~esn~tp~ancheck~tylandusecases~rpr~vide~ta~Divi~i~n~fReaiE~i~latte~r~ specific interes to the District including District Master D * Plan fecilles, other ioni flood control and Aroa~eminage Plan fees (development mitigation fees). In addifort, infomtalion of a general nature is provided. and safety or any other s~ ~" This project woukl not be impacted by District Master Drainage Plan idities nor are other fedlilies of regional interest proposed. This project involves Disfaffi:t Master Plan facilities. The District will ownemh~ of such facilities on dtfen request of the C~. Facilities must be constructed to District ma°ca~; and D,sbict plan check and i~spection will be required for District acceptance. Plan check, inspection and adrninish~dive fees wilt be required. This project propames channels, storm drains 36 inches or larger in dlarneter, or other fecilities that could be considered regional in nature and/or a logical extension of the adopted Master Dra'_ma~q_ Plan. The District woul~l consider accepti ownership of such facilities on written rea,..~.t of the C . Fadlitlas must be cortstmcted to Dist~t ste~da~ and Dts/ct plan check and inspeCUon wdl be requi~lit~ Disb~ _~>~__ptanca. Plan check, inspection and adrninistrmive fees will be requiied. Dts~'t~orC ortofinal rovalofthe orin~ofa orsubdlvisionpriorfo 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 f~om the State Water ResourcesContml Board. Cleamnce for grad' ,reoordafon, orolher]{Vn~appmvalshoUldnofbegivenunlqfimeCAty has d.termined that thahesa pe.,.t or is to be axom.L If this pro'ect involves a Federal Emergen?y. Management Agency (FEMA ~ flood plain, then the City should require ~e applicant to ide all studms, calculations plans and o~mr mfommation ~_uired to meet FEMA requirements, and shcokl ~r~r require that the applicant obtain a Cond~ Letter of Map_ Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. Section 404 Permit fn:wn the U.A~. Ammy Corps of En ineem, or writien correspondence from these agencies indicating b ~ the proje~_ is exempt'from these _requirements. A~lean Water Act Section 401 Water Quality Ceffification may be requ'red from the local California Regional Water Qualib/Control Board prior to issuance of the Coqos 404 permit. STUART E MCKIBBIN Senior Civil Engineer Date: {t?'~.-~' q7 ATTACHMENT NO. 6 PC RESOLUTION N0.97- PA97-0142 R:\STAFFRP~I42PA97.PC 9/3/97 ILl 35 ATrACI-IMENT NO. ~ PC RESOLUTION NO. 97- A RESOLUTION OF ~ PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA97-0142 (TENTATIVE TRACT MAP NO. 23371 REVISED) GENERALLY LOCATEI} SOUTH OF LA SERENA WAY, EAST OF MARGARITA ROAD, WEST OF MEADOWS PARKWAY, NORTH OF RANCHO CALIFORNIA ROAD, WITHIN ~ MARGARITA VHJ~AGE SPECIFIC PLAN NO. 199 WHEREAS, Temeku Hills Development Partners, L.P. filed Planning Application No. PA97-0142 in accordance with the City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; ~, Planning Application No. PA97-0142 was processed in the time and manner prescribed by State and local law; WltEREAS, the Planning Commission considered Planning Application No. PA97-0142 on September 8, 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; WIIEREAS, at the public hearing, 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. PA97-0142; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Eiadia~ That the Temecula Planning Commission hereby makes the foliowing findings: A. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: 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. The site is physically suitable for the type and density of development. The project proposes residential densities consistent with the General Plan 1 ~nd Use designations for Planning Areas 34, 35, 37, 41, 42 and R:~STAFFRPTXI42pA97.YC 9l}/97 lab 36 43. Tentative Tract Map No. 23371 was originally approved in 1988; the revision proposes increased lot sizes and a new 12.5 acre park site. 2. The design of ~ proposed land division or proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The project site has been previously graded and partially developed. 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 is not likely to cause serious public health problems. The project has been reviewed for conformance with Specific Plan No. 199, 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 Specific Plan and/or City Standards. 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, property within the proposed land division. The project will take access from La Serena Way, Rancho California Road, Meadows Parkway and Margarita Road, and will not obstruct any easements. 5. The map as proposed conforms to the logical development of the proposed site, and is compatible with the health, safety and welfare of the community. Section 3. F. nvironmental Compliance. Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the Riverside County Board of Supervisors. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional studies were undertaken to update and complement the original EIR. The additional studies, a geotechnical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the validity of the original analysis. It has been eleven (11) years since the original environmental analysis was performed for this project. Therefore, Staff prepared another Initial Environmental Assessment to examine the question of whether any impacts beyond those analyzed in the previous EIR and subsequent studies would result from the proposed project, changes in circumstances, or new information. In areas where there was a potential change in circumstances, specifically traffic, noise, and lighting, staff requested additional information from the applicant. Based upon Staffs analysis, the project is consistent with the information contained in the previously certified EAR. Due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous analysis. Under California Public Resources Code Section 21166 and Section 15162 of the California Environmental Quality Act (CEQA) Guidefines, no additional EIR is required unless R:\STAFFRFFH42pA97.PC 9/3/97 Idb 37 additional impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken which would require a major revision in the ErR, or new information that could not have been known at the time the EI~ was prepared/becomes available. None of these situations has occurred; therefore, no further environmental analysis is required. Section 4. Condition.~. That the City of Temecula Planning Commission hereby approves Planning Application No. PA97-0142 (Tentative Tract Map No.23371 Revised) located south of La Serena Way, east of Margarita Road, west of Meadows Parkway, north of Rancho California Road, within the Margarita Village Specific Plan, subject to Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. Section 5. PASSED, APPROVED AND ADOPTED this 8th day of September, 1997. Linda Fithey, 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 8th day of September, 1997 by the foliowing vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\STAFFRP~I42PA97.PC 9/3/97 klb 38 EXHIBIT A CONDITIONS OF APPROVAL PA97-0142 R:~TAFFRPT~I42PA9?.FC 9F3/97 F~ 39 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA97-0142 (Tentative Tract Map No. 23371-Revised) ProjectDescription: Assessor's Parcel No.: Approval Date: Expiration Date: A residential subdivision covering Planning Areas 34, 37, 41, 42 and 43 all with Specific Plan No. 199 - Margarita Village Various September 8, 1997 November 8, 2000 or as determined by Development Agreement (PA97-0204) PLANNING DEPARTMENT 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. PA97-0142 (Tentative Tract Map No. 23371-Revised) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seo., 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. If subdivision phasing is proposed, the applicant shall submit a phasing plan to the Planning Manager for approval. The tentative subdivision shall comply with all requirements of Specific Plan No. 199 and its amendments unless superseded by these conditions of approval. The tentative subdivision shall comply with all conditions of approval of the underlying Tentative Tract Map No. 23371, unless superseded by these conditions of approval. 6. Maintenance of common areas and slope areas shall be provided in accordance with Exhibit F - Maintenance Responsibility Exhibit. 7. No construction shall occur within Planning Area 42 of Specific Plan No. 199 without the proponent first filing Development Plans for City review and approval, unless single family detached homes are proposed on each of the fifteen (15) lots. 8. Turn-in garages for standard vehicles are limited to lots with a frontage width of 45 feet or wider. Prior to Issuance of Grading Permits 9. The applicant shall submit a copy of the Rough Grading plans to the Planning Director for approval. 10. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code. 11. The applicant shall submit construction landscape plans to the Planning Department for review and approval. The plans shall be consistent with City standards 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 sloped areas and common areas. b. Front yard landscaping. c. The height, location and materials for all walls and fences along rear and side yards of individual interior lots. Fencing shall be installed at the toe of slopes. Prior to Recordation of the Final Map 12. The applicant shall submit the following to the Planning Director for approval: a. A copy of the Final Map b. A copy of the Rough Grading Plans c. A copy of the Environmental Constraint Sheet (ECS) with the following notes: "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. R:XSTAFFRFl~142PA97.COA 9/3197 ell 2 Prior to Issuance of Building Permits 13. 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. 14. The applicant shall submit the following to the Planning Director for approval: Precise grading plans consistent with the approved rough grading plans including all structural setback measurements. The Temporary Use Permit application for a Model Home Complex (if applicable) which includes the following: 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. 15. 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. 16. 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 17. Front yard and slope landscaping within individual lots shah be completed for inspection. 18. 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 19. 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. 20. A Grading Permit for either rough or precise 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. 21. 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. 22. 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 each Find Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted end approved, subdivision improvement agreements executed end securities posted: 23. 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 Rancho California Water District Eastern Municipal Water District Riverside County Flood Control and Water Conservation 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 24. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: For Tr. 23371-9 & Tr. 23371-10 {whichever records first): improve La Serena Way from westerly phase boundary of unit 10 to Temeku Drive to Secondary Highway Standards (88' R/W) to include dedication of full- width street right-of-way; installation of half-width street improvements plus overlay of existing northerly half-street to satisfaction of the Public Works Director; full section paving; curb and gutter; sidewalk; street lights; drainage R:LSTAFFRYI~142PA97.COA 9/3/97 c41 4 facilities; signing and striping; utilities (including but not limited to water and sewer). For Tr. 23371-11 & Tr. 23371-13 Iwhichever records first): Improve La Serena Way from westerly boundary of Unit 10 to Meadows Parkway to Secondary Highway Standards (88' R/W) to include dedication of full-width street right-of-way; installation of half-width street improvements plus overlay of existing northerly half-street to satisfaction of the Public Works Director; full section paving; curb and gutter; sidewalk; street lights; drainage facilities; signing and striping; utilities (including but not limited to water and sewer). For Trs. 23371-9. 23371-11. 23371-12 & Tr. 23371-F (whichever records first): Improve Temeku Drive to match existing improvements constructed per Unit 1 (MWD right-of-way) to La Serena Way to Modified Collector Standards (62' R/W) to include dedication of full-width street right-of-way; installation of full-width street improvements; full section paving; curb and gutter; sidewalk; street lights; drainage facilities; signing and striping; utilities (including but not limited to water and sewer). For Trs. 23371-11 & 23371-13 (whichever comes first) Improve Meadows Parkway from existing improvements to southerly boundary of Unit 11 to Major Highway Standards (100' R/W) OR meet and match improvements completed per Tract. No. 28482. In either case, obligation includes dedication of full-width right-of-way; installation of half-width paved street improvements plus full raised traffic safety island, 12-foot paved travel lane easterly of centerline and an eight-foot D.G. shoulder; curb and gutter; sidewalk; street lights; drainage facilities; signing and striping; utilities (including but not limited to water and sewer). Improve all interior streets to Modified Local Standards (50' R/W) 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). 25. All street improvement design shall provide adequate right-of-way and pavement transitions per CaI-Trans standards for transition to existing street sections. 26. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans, as specified in City Standards and/or Specific Plan Amendment No.3: Minimum street centerline radii shall be 250 feet, except as modified through the Specific Plan. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Maximum street grade shall not exceed 12%. R:~TAFYRI~142PA97.COA 9r3/97 cd 5 Driveways shall conform to the applicable City Standard Nos. 207, 207A and/or 208. Street lights shall be installed along the public streets and designed in accordance with Ordinance No. 461. Concrete sidewalks shall be constructed in accordance with Modified City Standard Nos. 400 and 401 to a standard width of 4.5 feet contiguous with face of curb. 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 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. Cul-de-sac geometries shall meet current City Standards. 27. 28. 29. 30. 31. Relinquish and waive right of access to and from Margarita Road (Unit 8); La Serena Way (Units 8,9,10, 11 and 13); Meadows Parkway (Units 11 and 13)on the respective Final Maps with the exception of interior street openings 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. 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. Any delinquent property taxes shall be paid. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with each final map to delineate identified environmental concerns and shall be recorded with each final 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. Special Study Zones. b. Geotechnical hazards identified in the project's geotechnical report. c. Archeological and paleontological resources found on the site. 32. 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. 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. 35. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. 36. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted each final map. 37. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." Prior to Issuance of Grading Permits 38. 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 Metropolitan Water District Planning Department Department of Public Works Riverside County Health Department Community Services District General Telephone Southern California Edison Company Southern California Gas Company 39. A Grading Plan 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. 40. An updated 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. 41. An updated 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. 42. 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. 43. 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. 44. 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. 45. 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. 46. 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. 47. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. Prior to Issuance of Building Permits 48. The corresponding Final Map shall be approved and recorded. R:',STAFFR!rI~I42P.A97.COA 9/387 c,d 8 49. A Precise Grading Ran 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. 50. 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. 51. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with the Memorandum of Understanding dated April 23, 1996. Prior to Issuance of Certificates of Occupancy 52. 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 53. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 54. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 55. 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. BUILDING AND SAFETY DEPARTMENT 56. 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. 57. Obtain street addressing for all proposed buildings prior to submittal for plan review. 58. Provide electrical plan including loan calcs and panel schedule, plumbing schematic and mechanical plan for plan review. 59. 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. R:~STAFFP, J~TX14ZPA97.COA 9/3/97 60. Based on submitted documents, the occupancy classification of the proposed use shall be R-3, U-1. 61. Truss calculations that are stamped by the engineer of record, the truss manufacturers engineer, are required for plan review submittal. TEMECULA COMMUNITY SERVICES DISTRICT Community Services has reviewed the revised tentative map application and has the following conditions of approval: GENERAL REQUIREMENTS: 62. The park dedication requirement (Quimby) shall be satisfied with the development and dedication of the community park identified as Lot No. 475 in future Tract no. 23371 - 13. 63. The design of the community park shall be in conformance with the conceptual design identified within Specific Plan No. 199, Amendment No. 3. The actual size of the park shall be determined upon submittal of the final map for Tract No. 23371-13. 64. Ballfield lighting shall be provided within the community park to allow for night use of the playing fields. The developer shall provide a disclosure to all properties adjacent to the park regarding the use of ballfield lighting. 65. The community park shall provide for pedestrian circulation and handicapped accessibility pursuant to the American Disability Act (ADA) Standards. 66. The installation of all slopes and landscaped medians shall be in conformance with the City of Temecula Landscape Development Plan Guidelines and Specifications. 67. Construction of the community park, slopes and landscaped medians proposed for dedication to the TCSD shall commence pursuant to a pre-job meeting with the developer and the City Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance program. 68. The community park shall be dedicated to the City free and clear of any liens, assessments, or easements that would preclude the City from using the property for public park purposes. A policy of title insurance and a soils assessment report shall also be provided with the dedication of the property. 69. The developer shall complete the TCSD application process prior to the acceptance of street lighting and perimeter slope areas into the respective TCSD maintenance programs. The developer shall maintain the park facility, slopes and landscaped medians until such time as those responsibilities are accepted by the TCSD or other responsible party. 70. Exterior slopes adjacent to Margarita Road, La Serena Way, Meadows Parkway, and Rancho California Road shall be maintained by an established homeowner's association R:~TAFFRPTX142PA97.COA 9/3/97 g4 ] 0 until such time as those responsibilities are offered and accepted by the TCSD for maintenance purposes. All other interior dopes, open space, perimeter walls, and entry monumentation shall be maintained by a homeowner's association. 71. Bike lanes shall be provided on site to intercept with the City's Park and Recreation Master Plan. Class II bike lanes shall be completed in concurrence with the street improvements. PRIOR TO RECORDATION OF FINAL MAPS: 72. Prior to recordation of the respective final map, landscape construction drawings for the community park, perimeter slopes and raised landscaped medians shall be reviewed and approved by the Director of Community Services. 73. If the community park has not been completed prior to the recordation of future Tract No. 23371-13, then subdivider shall enter into an agreement and bond for park improvements prior to recordation of said map. PRIOR TO ISSUANCE OF BUILDING PERMITS: 74. Prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall pay the appropriate fees to the TCSD for the dedication of arterial and residential streets into the appropriate TCSD maintenance program. 75. The community park in future Tract No. 23371-13 shall be improved and dedicated prior to the issuance of the 608th overall residential building permit within the Temeku Hills development. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 76. It shall be the developer's responsibility to provide written disclosure of the existence of the TCSD and its service level rates and charges to all prospective purchasers. 77. Prior to the issuance of the first certificate of occupancy within each phased map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. OTHER AGENCIES 78. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District's transmittal dated May 16, 1997, a copy of which is attached. 79. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated May 21, 1997, a copy of which is attached. R:~STAFFRPTx142PA97.COA 9/3/97 cd 1 ] 80. The applicant shall comply with the recommendations outlined in the Riverside County Flood Control and Water Conservation District's transmittal dated June 26, 1997, a copy of which is attached. I have read, understand and accept the above Conditions of Approval. Applicant Name R:~STAFFRF~I42PA97.COA 9/3/97 r.,astern ,/V unicipal W ter District Ch~m&lh~m~Jt. May 16, 1 997 Riverside County. Health Department do Rick Engineering Company 3050 Chicago Avenue Suite 100 Rivemide, CA 92507 GenUemen: RE: Availability of Sariitsry Sewer Service for Tentative Tract 23371 . We hereby advise you relative to the availability of sanitary sewer service for the above referenced proposed development as follows: The property to be occupied by the subject proposed development IS PRESENTLY LOCATED '.~ffiin the boundary lines of this Districts Improvement Dis~ct No. U-8 and is eligible to receive sanitary sewer service, Upon submittal of plans for review the District will determine the following: 1) Major off-site facilities may be required to serve this project. Sanitary sewer service will be made available to the subject property provided: 1) The developer completes all necessary financial and other arrangements therefore, as determined by the Disthct. wiffi the District by November 1998 2) That no LIMITING CONDITIONS exist which ARE BEYOND this DISTRICT'S CONTROL or CANNOT BE COST-EFFECTIVELY and/or reasonably satisfied by the Dis~ct which conditions may include but are not limited to, acts of God. REGULATORY AGENCY REQUIREMENTS or decisions, or legal actions initiated by others; If you have any questions or comments regarding the foregoing, do not hesitate to contact this office. Assistant Director of Customer 8e~ce RECEIVED Ma. , nose Office Box 8300 San Jacinto. California 92581-8300 Telephone (909) 925-7676 Main Ott- ' 2045 S. San Jacinto Avenue, San Jacinto Customer Service / Engineering Annex: 440 E. Oakland Avenue, Henact, CA Operations & Maintenance Center: 2270 Trumblc Road. Pertis, CA 92571 Telephone (909) 928-3777 Fax (909) 928-6177 HAY201997 RiCK ENGINEERING CO. Fax (909) 929-0257 F ('saba F, KO May 21,199 Ms. Carole Donahoe, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 lIED SUBJECT: WATER AVAILABILITY TRACT MAP 23371-REVISION PLANNING APPLICATION NO. PA97-0'142 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. The Developer should contact RCWD concerning facility requirements, upsizing the required facilities, and the relocation of any District facilities. If fire protection is required, the 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 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 971SB:ebO97-1/FO121FEF C: Laurie V~lliarns, Engineering Services Supervisor Rancho California Water District DAVID P. ZAPPE City of Temecula Plannin Department 43200 ~Jsiness Park Ddve Temecula, Califomia 92590 Attention: ("_~ R,O~.~ Ladies and Gentlemen: 1995 MARKET STREET RIVERSIDE, CA 92501 909/275-1200 909/788-9965 FAX 7829. I RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRIC'I ,7)0 N ":"; ..... Re:'r F/FW t o: The District does not normally recommend conditions for land divisions or other land use cases in incoq~omted cities. The Disth~t a~s~ d~es not plan ~he~k ~ity land use ~ases~ or provide State Division ~f Real Estate ~ettere ~r ~ther ~d hazard reports for such cases. Disb'k:t comrnents/~ forsuch cases am normally limited to items of spedtic interest to the Disffict including District Master Plan fadlities, olher ona flood control and Area l_r~-ainage Plan fees (development mitigation fees). In additioit, infot~nation of a general nature is provided. The Dist~t has not rev'~N~:l the roposed project in detail and the ,fol~.* checked comments do not in an wa This project would not be impacted by DistriCt Master Drainage Plan fadrdies nor are other fadlilies of regional interest proposed. This project involves District Master Plan fadlies. The District wi acce ownership of such facilities on ' wdtten mquast of lhe City. Facilities must be constructed to District stan~t~s, and Disltict plan 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 larger in diameter, or other fadlitjes that could be ' considered regional in nature and/or a logical extension of the adopted f sVA ~c Master Dminag~ Plan. The DistriCt would consider acceptin ~ ouch tacilit~es on written req.u. ast of the C' . Fitities must be consth~ted to DistriCt ~Stt~Kl~, and Dlatitot plan check and inspection will be requi~-~i~r Disfrict accepfance. Plan check, inspedion and administrative fees will be required. v'/Thisprojectislocat~lwithinthelirnitsoftheDis'stcfsr~ T/~/' 't6K/'~'M6CL/CPI deferred, at the time of issuance of the actual bem~it. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination S stem (NPDES) parmR f~om the State Water Resources Conlml Board. Clearance for gradi , mcordation, or other ~v& approval should not be given until the City has determined that the project has been granln~ a penl~t or is shown to be exenlpL If this pro'ect involves a Federal Emergen.oJ Management Agency (FEMA ma.pl:~l flood plain, then be City should require ~{~e applicant to rovioe all studies, calculaDons, plans and o~r information required to meet FEMA requirements, and should ~rlher require that lhe applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revisio.n (LOMR) pdor to occupano/. If a natural wateroourae or mapped flood plain is im acted by this project. the City should require the a licant to obtain a Section 1601/1603 A reement from the C;fifomia Deparlment of Fish and Game and a Cleen P~ter Act Section 404 Permit from the U.~. Army Corps of E ineers, or written correspondence from these agencies indicating the project is exempt'from these requirements. ~r~laan Water Act Section 401 Water Qualib/Ceffification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Senior Civil Engineer ATTACHMENT NO. 7 INITIAL ENVIRONMENTAL ASSESSMENT DATED AUGUST 20, 1997 R:~STAFFRFI~I42PA97.FC 9/3/97 klb 40 CITY OF TEMECULA Environmental Checklist 1. PrOject Title: Planning Application No. PA97-0142 (Tentative Tract Map No. 23371- Revised) Planning Application No. PA97-0143 (Tentative Tract Map No. 28526) Planning Application No. PA97-0144 (Tentative Tract Map No. 28482) Planning Application No. PA97-0160 (Amendment No.3 to Specific Plan No. 199) Planning Application No. PA97-0161 (General Plan Amendment) Planning Application No, PA97-0204 (Amendment and Restatement of Development Agreement for Specific Plan No. 199, Village A) Lead Agency Name and Address: City of Temecula, 43200 Business Park Drive, Tamecula, CA 92590 Contact Person and Phone Number: PrOject Location: Carole K. Donahoe, Project Planner (909) 694-6400 South of La Serena Way, east of Margarita Road, west of Meadows Parkway, north of Rancho California Road, within the Temeku Hills Specific Plan (formerly Margatita Village) Project Sponsor's Name and Address: McMillin Project Services, Inc., 2727 Hoover Avenue, National City, CA 91950 General Plan Designations: Very Low/Rural Density Residential Low Density Residential Low Medium Density Residential Medium Density Residential High Density Residential Neighborhood Commercial Public and Institutional Facilities Open Space/Recreation Zoning: Specific Plan Description of Project: (.2 to .4 dwelling traits per acre maximum) (.5 to 2 dwelling tatits per acre maximum) ( 3 to 6 dwelling units per acre maximum) (7 to 12 dwelling units per acre maximum) (13 to 20 dwelling umts per acre maximum) To change the General Plan density designations from Low Medium Density Residential to Low Density Residential within Planning Area 2, from Neighborhood Commercial to Medium A, R:\CEQA\160PA97.IES gt20~71db 1 10. Density Residential within Planning Area 38, and ~-om Medium Density Residential to Low Medium Density Residential Within Planning Area 40, all within Specific Plan No. 199. To request approval of Amendment No. 3 to Spedtie Plan No. 199, Temeku Hills (formerly Margarita Village). To request approval of Amendment and restatement of Development Agreement for Specific Plan No. 199, Village A) To subdivide 74.5 acres into 368 single family residential lots, 2 landscape lots and 2 open space/recreational lots. To subdivide 6.04 acres into 44 single family residential lots. To revise the subdivision of 118.3 acres within Tentative Tract Map No. 23371, creating 474 single family residential lots, and 1 park site. Environmental Impact Report No. 202 was prepared for the Margarita Village Specific Plan and certified by the County Board of Supervisors. It has been nine (9) years since the environmental analysis was performed for this project. Therefore, Staff prepared another Initial Environmental Assessment to examine the question of whether any impacts beyond those analyzed in the previous EIR would result ~om the proposed project, changes in circumstances, or new information. In areas where there was apotential change in circumstances, specifically traffic, noise, and lighting, staff requested additional information ~om the applicant, which was submitted as an Addendum to EIR No. 202. Based upon StaflFs analysis, the project is consistent with the information contained in the previously certified EIR. Due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous analysis. Under California Public Resources Cede Section 21166 and Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, no additional EIR is required unless additional impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken which would require a major revision in the EIR, or new information that could not have been known at the time the EIR was prepared becomes available. None of these situations has occurred; therefore, no further environmental analysis is required. Surrounding Land Uses and Setting: The site is surrounded by residential subdivisions to the west and north, and partially developed residential subdivisions to the east and south. Commercial development has occurred to the west, as well as an occupied mobile home park. The project site is partially developed with a golf course and golf amenities, residences, parks, schools, post office, church and open space. Other public agencies whose approval is required: Riverside County Fire Department, Department of Environmental Health, and Flood Control; Eastern Municipal Water District, Rancho Califorma Water District; Temecula Valley Unified School District, the Gas Company, Southern California Edison Company, General Telephone Company, Riverside Transit Agency. R:\CEQA\160PA97.1ES 8/20/97klb 2 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 SiEni~cant Impact" as indicated by the checklist on the following pages. [ ] Land Use and Planning [ ] HaTaTds [ ] Population and Housing [ ] Noise [ ] Geologic Problems [ ] Public Services [ ] Water [ ] Utilities and Service Systems [ ] Air Quality [ ] Aesthetics [ ] Transportation/Circulation [ ] Cultural Resources [ ] Biological Resources [ ] Recreation [ ] Energy and Mineral Resources [ ] Mandatory Findings of Significance [X] None DETERMINATION On the basis of this initial evaluation: [XI I find that the proposed project COULD NOT have a significant on the environment, that none of the conditions described in Public Resources Code Section 21166 and CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR. have occurred; therefore, the previous analysis performed under EIRNo. 202 and certified by the County Board of Supervisors adequately addresses all impacts from this project. Staff is recommending the Planning Commission and the City Council Make a Determination of Cousistency With a Project for Which an Environmental Impact Report (EIR) was Previously Certified and Findings that a Subsequent EIR is not required. Signature Pnnted Name Date D/77 R:\CEQA\160PA97.1ES F20/97 klb 3 ISSUES AND SUPPORTING INFORMATION SOURCES Pot~i,aly Signifiam Poknltially Significant Unless Mitigation lacoqx>rated Sight NO 1. LAND USE AND PLANNING. Would the proposal: a. Conflict with the proposed general plan designation or zoning? b.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 l, Figure 2-1, Page 2-17 ) d. Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses) e. Disrapt or divide the physical arrangement of an established community (including low-income or minority commumty)? 2. POPULATION AND HOUSING. Would be proposal: a. Cumulatively exceed official regional or local population projects? b. Induce substantial growth m an area either directly or indirectly (e.g. through project in an undeveloped area or emension of major infrastructure)? c Displace existing housing, especially affordable housing? 3. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential hnpacts involving? a. Fault rapture? b Seismic ground sh'akmg? c Seismic ground failure, including liquefaction? d, Seiche, tsunarm, or volcanic hazard? e. Landslides or mudflows? Erosion, changes in topography or unstable soil conditions form excavation, grading or fill? g Subsidence of the land? h Expansive soils? i Unique geologic or physical features? [1 [] [l [l [] [] [] [1 [] [1 [] El [1 [] [] [] [] [] [1 [] [] [] [] [] [1 [] [] [] [] [] [1 [1 [] [1 ix ] Ix] [x] [x] Ix] [x] ix] {x] ix] ix] ix] ix] ix] ix] ix] ix] Ix] R:\CEQA\I60PA97.1ES g~20/97klb 4 ISSUES AND SUPPORTING INFORMATION SOURCES Pot~fially Significant PotentiMly Significant Unlesl Mitigation Incorporate~ Si~nific, ant lm~ct No 4. WATER. Would the proposal result in: a. Changes in absorption rates, drainage patterns, or the rate and mount of surface runoff'? b. Exposureofpeopleorpropertytowaterrelatedhazards such as flooding? Discharge into surface waters or other alteration of surface xvater quality (e.g. temperature, dissolved oxygen or turbidity)? d. Changes in the amount of surface water in any water body? e, Changes in currents, or the course or direction of water movements? 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 Altereddirectionorrateofflowofgroundwater? h impacts to groundwater quality? 1. Substantial reduction in the amount of groundwater otherwise available for public water supplies? 5. AIR QUALITY. Would the proposal: a Violate an), air quality,' standard or contribute to an existing or projected air quality violation? 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: a increase vehicle trips or traffic congestion? b Hazards to safety from design features (e. g. sharp curves or dangerous intersection or incompatible uses)? [] [] [1 [] [1 [] [] [] [] [] [] [1 [] [] [] [1 [] [] [1 [] [] [1 [] [] [] [] [] [] [) [] [l [] [1 [] [1 [] [] [] [] [1 [] [1 [] [] [] Ix] Ix] [x] Ix] [x] Ix] [x] Ix] ix] Ix] [x] [x] [x] [x] [x] R:'/CEQA\I60PA97.1ES 8/20/971db 5 Potentially Signff'~c~nt Potentially Sig~'tcant Unle~ Mitigation Incorporated Significant Imps~t NO c. Inadequate emergency access or access to nearby uses? d. Insufficient parking capacity on-site or off-site? e. Hazards or baniers fur pedestrians or bicyclists? Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g Rail, waterborne or air traffic impacts? 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a. Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, annuals and birds)? b Locallydesigxtated species (e.g. heritage trees)? c Locally designated natural commumties (e.g. oak forest, coastal habitat, etc.)? d Wetland habitat (e.g. marsh, fiparian 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: a. Ariskofaccidentalcxplosionorreleaseofhazardous substances (including, but not limited to: oil, pesticides, chemical or radiation)? b. Possible interference with an emergency response plan or emergency evacuation plan? c. The creation of any health hazard or potential health hazard? [] [] [] [] (] [] [] [] [] [1 [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [) [] [] Ix] [x] [x] [x] ix] ix] Ix] Ix] [x] [x] ix] ix] [x] ix] Ix] ix] R:\CEQA\160PA97.1ES g/20/97klb 6 ISSUES AND SUPPORTING INFOIhMATION SOURCES Pol~mially Significant Impn~t Poteatially Significant Unless Mitigation h~orpor~d L~sThan Si~ificant Impact d. Exposure ofpeople to existing sources ofpotential health hazards? e. Increase f~re hazard in areas with ~ammable brush, grass, or lrees? 10. NOISE. Would the proposal result in: a. Increase m existing noise levels? b. Exposure of people to severe noise levels? 11. PUBLIC SERVICES. Would/he 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 ofpublicfacilities, including roads? e Other governmental services? 12. UTILITHi;S 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? d Sewer or septic tanks? e, Storm water drainage? f. Solid waste disposal? g. Local or regional water supplies? 13. AESTHli;TICS. Would the proposal: a. Affect a scenic vista or scenic highway? b. Have a demonstrable negative aesthetic effect? [] [] [] [1 [] [] [] [1 [] [] [] [] [] [] [1 [] [] [] [] [1 [] [] [] [] [] [] [] [] [1 [] [] [] [] [] [] [] [] [] [] [1 [] [] [] [] [] [1 [] [] [] [] [] [] [] [] Ix] Ix] [x] [x] Ix] [x] ix] ix] [x] [x] [x] ix] [x] [x] [x] [x] [x] [x] R:\CEQA\I60PA97.1ES 8/20/97 klb 7 ISSUES AND SUPPORTING INFORMATION SOURCES Potentially Significant Impa~t Potentially Significant Unless Mitigation Incorporated Significant c. Create light or glare? 14. CULTURAL RESOURCES. Would the proposal: a. Disturb paleontological resources? b. Disturb archaeological resources? c. Affect historical resources? d Have the potential to cause a physical change which would affect tmique 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. 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 commumty, 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 histo0' or prehistoO'? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? Does the project have impacts that area individually limited, but cumulatively 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). Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? [] [] [] [1 [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [1 [] [] [] [] [] [1 [] [l [] [x] Ix] [x] Ix] ix] [x] ix] [x] ix] ix] Ix] R:\CEQA\I60PA97,1ES 8/20/97 lib 8 17. EAI~I,11~,R ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses used: Environmental Impact Report No. 202 was prepared for the Margarita Village Specific Plan and certified by the County Board of Supervisers. It has bccn me (9) years since the environmental analysis was performed forthis project. Therefore, Staff prepared another Initial Environmental Assessment to examine the question of whether any mapacts beyond those analyzed in the previous EIR would result from the proposed project, changes in circumstances, or new information. SOURCES 1. City of Tcmecula General Plan. 2 City of Temecula General Plan Final Environmental Impact Report. 3 South Coast Air Quality Management District CEQA Air Quality Handbook. Addendure to EIER No. 202 dated July 16, 1997 R:\CEQA\160PA97.1ES 8/20/97klb 9 EXPLANATION OF CHECKLIST JUDGEMENTS The following checklist judgements list the level of impact anticipated from the proposed project. These judgements are made against the baseline of the adopted Specific Plan. The checklist judgements address the question of whether the proposed project revisions would result in additional impacts, not previously addressed in the previously certified EIR. 1. Land Use Planning a) No Impact. The proposed changes to Planning Areas 41,42 and 43 are consistent with the General Plan designations and zoning in these areas. Other proposed changes include an amendment to the General Plan designations in order to maintain consistency with the General Plan and zoning. The project will decrease density in Planning Area 2 from 3-6 dwelling units per acre to 2 dwelling units per, which is consistent with the proposed Low density designation. Planning Area 40 will decrease density from 7-12 dwelling units per acre to 4.94, which is consistent with the proposed Low Medium density designation. The project proposes a change from Neighborhood Commercial uses in Planning Area 38 to Medium density residential uses at 6.18 dwelling units per acre. b) No Impact. The proposed project will not conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project. The proposed project does not introduce new land uses nor propose development in areas not previously designated for development. Overall, the proposed project decreases the density of the previously approved specific plan in both dwelling units per acre and intensity of use. Therefore, staff has determined that the proposed project does not affect previously adopted environmental plans or policies. c) No Impact. The proposed project will not be incompatible with existing land uses in the vicinity. Most of the adjacent land uses in the area are also residential. No buffering is required. d) No Impact. The proposed project revises portions within a specific plan that is already partially developed with golf course, schools, churches, parks and residential development. No agricultural activity has occurred at the site for several years. e) No Impact. The proposal will not disrupt or divide the physical arrangement of an established community. The proposed project is consistent with the adopted Specific Plan and will not disrupt or divide the physical arrangement of the community in an manner that is different than contemplated in the Specific Plan. The proposed project, in fact, is intended to enhance the physical arrangement of the Temeku Hills community. 2. Population and Housing a) No Impact. The proposal will not cumulatively exceed official regional or local population projects. The proposed project is consistent with the adopted Specific Plan and decreases the amount of density. It is therefore consistent with official regional and local projections. b) No Impact, The proposal will not induce substantial growth in an area either directly or indirectly beyond that previously analyzed in the previously certified EIR for the Specific Plan. The proposed project is consistent with the adopted Specific Plan, R:\CEQA\I60PA97.1ES 8/20/97 klb 10 c) No Impact. The proposal will not displace existing housing, especially affordable housing. The proposed project site is currently vacant. 3. Geologic Problems a) No Impact. The proposal will not result in any additional impacts from fault rupture beyond those impacts described in the previously certified EIR. This is because the proposed project is within the scope of the ElF{ and is consistent with the approved Specific Plan. b) No Impact. The proposal will not result in any additional impact from seismic ground shaking beyond those impacts described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. c) No Impact. The proposal will not result in any additional impacts from seismic ground failure or liquefaction beyond those impacts described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. d) No Impact. The proposal will not result in any additional impacts from a seiche, tsunami or volcanic hazard beyond those impacts described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. e) No Impact. The proposal will not result in any additional impacts from landslides or mudflows beyond those impacts described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan, f) No Impact. The proposal will not result in any additional impacts from erosion, changes in topography or unstable soil conditions from excavation, grading or fill beyond those impacts described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No additional significant geotechnical information regarding the project site, erosion, soil or grading related impacts have been developed since certification of the EIR. g) No Impact. The proposal will not result in an impact due to subsidence of the land. The proposed project is within the scope of the previously certified EIR and is consistent with the approved Specific Plan. No additional significant geotechnical information regarding the project has been developed since certification of the EIR. Therefore, no additional impacts beyond those described in the EIR are anticipated. h) No Impact. The proposal will not result in any additional impacts from expansive soils beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No additional significant geotechnical information regarding the project has been developed since certification of the EIR. I) No Impact. The proposal will not result in any additional impacts to unique geologic or physical features beyond those impacts described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. R:\CEQA\I60PA97.IES g/20/97 Idb ], ], b) c) d) e) f) g) h) ~) Water No Impact. The proposal will not result ~n any additional changes in absorption rates, drainage patterns, or the rate and amount of surface runoff beyond those impacts described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional exposure of people or property to water related hazards such as flooding beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result ~n any additional discharge into surface waters or other alteration of surface water quality beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result ~n any additional changes in the amount of surface water in any water body beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result ~n any additional changes in currents, or the course or direction of water movements beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result ~n any additional change in the 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 beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional alteration to the direction or rate of flow of groundwater beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional impacts to groundwater quality beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional substantial reductions in the amount of groundwater otherwise available for public water supplies beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. R:\CEQA\160PA97.1ES 8/20/97 klb 12 b) c) d) b) c) d) e) Air Quality No Impact. The proposal will not result in any additional potential to violate any air quality standard or contribute to an existing or projected air quality violation beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional exposure of sensitive receptors to pollutant beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional alteration of air movement, moisture or temperature, or cause any change in climate beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in the creation of any additional objectional odors beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. Transportation/Circulation No Impact. A subsequent Traffic Impact Assessment was prepared on June 27, 1997, by Wilbur Smith Associates to assess the vehicle trip generation impacts of Specific Plan Amendment No. 3. This Assessment was submitted for the project and reviewed by Staff. The Assessment concluded that the reduction of dwelling units associated with Amendment No. 3 would generate approximately 735 fewer daily vehicle trips than the previously approved Specific Plan with Amendments. The Assessment further noted that the proposed project would generate 4,273 fewer trips than what is assumed by the City of Temecula's General Plan Circulation Element Traffic Model (GPCETM). The Assessment also concluded that the elimination of the commercial center would result in the reduction of an additional 4,000 daily vehicle trips relative to both the GPCETM and the previously approved Specific Plan. No Impact. The proposal will not result in any additional hazards to safety from design features beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional inadequacies for emergency access or access to nearby uses beyond those described in the previously certified EIR. The project will result in a reduction in the existing inadequacies for emergency access or access to nearby uses by improving circulation in the area. Since the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan, no impacts are anticipated. No Impact. The proposal will not result in any additional insufficiencies to parking capacity on- site or off-site beyond those described in the previously certified EIR. Since the proposed project is within the scope of the previously certified EIR, reduces the intensity of uses, and is consistent with the approved Specific Plan, no impacts are anticipated. No Impact. The proposal will not result in any additional hazards or barriers for pedestrians or bicyclists beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. Additionally, the proposed park plan included with the project has been designed to encourage R:\CEQA\160PA97.1ES 8/20/97 klb 13 fl g) b) b) c) pedestrian routes separate from vehicular routes. Tentative Tract Map No. 28482 included with the project has been designed with walkways that connect cubde-sacs to the street system encouraging pedestrian routes through the residential area. No Impact. The proposal will not result in any additional conflicts with adopted policies supporting alternative transportation beyond those described in the previously certified EIR. See Response 6.e. above. No Impact. The proposal will not result in any additional conflicts with rail, waterborne or air traffic beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. Biological Resources No Impact. The proposal will not result in any additional impacts to endangered, threatened or rare species or their habitats beyond those described in the EIR. This is because the proposed project is within the scope of the EIR, is consistent with the approved Specific Plan, and proposes uses in areas previously slated for development. No Impact. The proposal will not result in any additional impacts to locally designated species beyond those described in the previously certified EIR. See Response 7.a. above. No Impact. The proposal will not result in any additional impacts to locally designated natural communities beyond those described in the previously certified EIR. See Response 7.a. No Impact. The proposal will not result in any additional impacts to wetland habitat beyond that described in the previously certified EIR. See Response 7.a. above. No Impact. The proposal will not result in any additional impacts to wildlife dispersal or migration corridors beyond that described in the previously certified EIR. See Response 7.a. above. Energy and Mineral Resources No Impact. The proposal will not result in any additional conflicts with adopted energy conservation plans beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional impacts from the use of non-renewal resources in a wasteful and inefficient manner beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. No Impact. The proposal will not result in any additional impacts to which would result in the loss of availability of a known resource that would be of future value to the region and the residents of the state beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. R:\CEQA\160PA97,1ES g/20/971db 14 9, Hazards a) No Impact. The proposal will not result in any additional impacts to a risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemical or radiation) beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the EIR, eliminates the commercial uses at the site, and is consistent with the approved Specific Plan. b) No Impact. The proposal will not result in any additional impacts to or in a possible interference with an emergency response plan or emergency evacuation plan beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. c) No Impact. The proposal will not result in any additional impacts to in the creation of any health hazard or potential health hazard beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. d) No Impact. The proposal will not result in any additional impacts to expose people to existing sources of potential health hazards beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. e) No Impact. The proposal will not result in any additional impacts or increases to fire hazards in areas of flammable brush, grass, or trees beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. 10. Noise Noise impacts will occur during grading and construction of the project Impacts during construction will be lessened by controlling the time construction activities are allowed to take place. a) No Impact. A revised Noise Evaluation was prepared on July 15, 1997 by Wilbur Smith Associates to assess the noise impacts generated from traffic and the community park proposed by Specific Plan Amendment No. 3. The Evaluation concluded that noise walls ranging from 2 feet to 5 ~ feet should be constructed between the street and certain residential lots along Margarita Road, Rancho California Road, La Serena Way, Meadows Parkway and various internal streets within Village "A." The Specific Plan calls for perimeter "community walls" along all public streets which are designed at a minimum height of 5 % feet, and are an appropriate sound attenuation measure already incorporated into the project. The Evaluation also analyzed the potential noise impacts related to the park and concluded that the park would not generate significant noise impacts, provided that an amplified public address system is not used at the park. b) No Impact. The proposal will not result in any additional exposure of people to severe noise levels beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. R:\CEQA\t60PA97.1ES 8/21F971db 15 11. Public Services a) No Impact. The proposal will not result in any additional impacts or result in a need for new ot altered fire protection services beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the EIR, decreases the density and intensity of uses, and is consistent with the approved Specific Plan. b) No Impact. The proposal will not result in any additional impacts or result in a need for new or altered police protection services beyond those described in the previously certified EIR. See Response 11 .a. above. c) No Impact. The proposal will not result in any additional impacts or result in a need for new or altered schools beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR, decreases the density of residential development, provides school sites, and is consistent with the approved Specific Plan. d) No Impact. The proposal will not result in any additional impacts or result in a need for new or altered maintenance of public facilities, including roads beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. e) No Impact. The proposal will not result in any additional impacts or result in a need for other new or altered governmental services beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. 12. Utilities and Service Systems a) No Impact. The proposal will not result in any additional impacts or result in a need for new systems or supplies, or substantial alterations to power or natural gas beyond those described in the EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. b) No Impact. The proposal will not result in any additional impacts or result in a need for new systems or supplies, or substantial alterations to communication systems beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. c) No Impact. The proposal will not result in any additional impacts or result in a need for new systems or supplies, or substantial alterations to local or regional water treatment or distribution facilities beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. d) No Impact. The proposal will not result in any additional impacts or result in a need for new systems or supplies, or substantial alterations to sewer or septic systems beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. R:\CEQA\160PA97.IES 8/20/97 lab 16 e) No Impact. The proposal will not result in any additional impacts or result in a need for new systems or supplies, or substantial alterations to storm water drainage beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the EIR and is consistent with the approved Specific Plan. f) No Impact. The proposal will not result in any additional impacts or result in a need for new systems or supplies, or substantial alterations to slid waste disposal beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the previously certified EIR and is consistent with the approved Specific Plan. g) No Impact. The proposal will not result in any additional impacts or result in a need for new systems or supplies, or substantial alterations to local or regional water supplies beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the previously certified EIR and is consistent with the approved Specific Plan. 13. Aesthetics a) No Impact. The proposal will not result in any additional increase or affect to a scenic vista or scenic highway beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the previously certified EIB and is consistent with the approved Specific Plan. b) No Impact. The proposal will not result in any additional demonstrable negative aesthetic effect beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the previously certified EIR and is consistent with the approved Specific Plan. c) No Impact. The proposal will not result in any additional impacts from light and glare beyond that described in the previously certified EIR. This is because the proposed project is within the scope of the previously certified EIR and is consistent with the approved Specific Plan. The proposed community park is designed to front La Serena Way, with a school across the street. The park proposes to include walkway lighting and lighted softball fields. The level of onsite lighting and fixtures shall comply with any and all applicable requirements and policies of the City of Temecula and the Mount Palomar Observatory. Additionally, the lighting of the softbali fields shall be limited to nighttime hours until 10:00 p.m, 14. Cultural Resources a) No Impact. The proposal will not result in any additional impacts to paleontological resources beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the previously certified EIR, proposes development in areas previously slated for development, and is consistent with the approved Specific Plan. b) No Impact. The proposal will not result in any additional impacts to archaeological resources beyond those described in the previously certified EIR. See Response 14.a. above. c) No Impact. The proposal will not result in any additional impacts to historical resources beyond that described in the previously certified EIR. See Response 14.a. above. d) No Impact. The proposal will not result in any additional impacts to cause a physical change which would affect unique ethnic cultural values beyond that described in the previously certified EIR. See Response 14.a. above. R:\CEQA\160PA97.1ES g/'20/~7kJb ]7 e) No Impact, The proposal will not result in any additional impacts which would restrict existinr' "' religious or scared uses within the potential impact area beyond that described in the previously certified EIR. See Response 14.a. above. 15. Recreation a) No Impact. The proposal will not result in any additional impacts or an increase in the demand for neighborhood or regional parks or other recreational facilities beyond those described in the previously certified EIR. This is because the proposed project is within the scope of the previously certified EIR, proposes additional recreational facilities not previously included in the project, decreases the residential density of the project, and is consistent with the approved Specific Plan. b) No Impact. The proposal will not result in any additional impacts affecting existing recreational opportunities beyond those described in the previously certified EIR. See Response 15.a. above. R:\CEQA\160PA97.1ES 8/20/97 Idb ] 8 ATTACHMENT NO. 8 EXHIBITS R:XSTAFFRIr~142PA97.PC 9/3/~7 klb 41 CITY OF TEMECULA RANCHO iSiTE~::~ ~s~,~ Cj~LIFO~NIJ' ~ N.T.S. CASE NO. - PA97-0142, 143, 144, 160, 161, 204 EXHIBIT A PLANNING COMMISSION DATE - SEPTEMBER 8, 1997 R:\STAFFRI~I42PA97,1'C 9/3/97 CITY OF TEMECULA VL OS P LM LM ~ P LM LM ~ LM CASE NO. - PA~7-0142, 143, 144, 150, 161, 204 EXIHRIT B PLANNING COMMISSION DATE - SEPTEMBER 8, 1~)7 GENERAl, PLAN MAP CITY OF TEMECULA STATISTICAL SUMMARY t AND USE PARK I -~,. CASE NO. - PA_97-0142, 143, 144, 160, 161, 204 EXHrRIT C EXISTING SPECIFIC PLAN NO. 1~) - LAND USE MAP PLANNING COMMISSION DATE - September 8, 1~)7 R:\STAFFRPT~142pA97.PC 9/3/97 CITY OF TEMECULA VICINITY MAP M STATISTICAL SUMMARY LAND USE AC~c SUB TOIA, 8 CASE NO. - PA97-0142, 143, 144, 160, 161, 204 EXHIBIT D PROPOSED SPECIFIC PLAN NO. 199 - LAND USE ) PLANNING COMMISSION DATE - SEPTEMBER 8, 1997 CITY OF TEMECULA COMMUNITY MAINTENANCE RESPONSIBILITY EXHIBIT LEGEND CASE NO. - PA97-0142, 143, 144, 160, 161, 204 EX/~R IT E MAINTENANCE RESPONSIBILITY PLANNING COMMISSION DATE - SEPTEMBER 8, 1997 CITY OF TEMECULA CASE NO. - PA97-0142, 143, 144, 160, 161, 204 EXHIBIT - F PLANNING COMMISSION DATE - SEPTEMBER a, 1997 TENTATIVE TRACT MAP NO. 2? R:\STAPFRPTXI42PA97.pC 9/3/97 k~ CITY OF TEMECULA :: J J CASE NO. - PA97-0142, 143, 144, 160, 161, 204 ~" .. EXHIBIT - G PLANNING COMMISSION DATE - SEPTEMBER 8, 1997 TENTATIVE TRACT MAP NO. 28526 R:\STAFFRP~I42PAg'/.PC 9/~/97 CITY OF TEMECULA ' CASE NO. - PA97-0142, 143, 144, 160, 161, 204 EXHIBIT - H TENTATIVE TRACT MAP NO. 23371 REV' ' "~ PLANNING COMMISSION DATE - SEPTEMBER S, 1997 R:\STAI~P, Ic~I42PA97.PC 9/3/9'7 PLANNING MANAGER' S REPORT