HomeMy WebLinkAbout110397 PC Agenda TEMECULA PLANNING COMMISSION
Nopember 3, 1997, ~00 PM
43200 Business Park Drive in the Council Chambers
Temeeula, CA 92390
CALL TO ORDER.'
ROLL CALL:
Fahey, Guegriero, Miller, Slaven and Soltyslak
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public can address the commigsiolP~rs on items that are
not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the
Cowmi,~ioners about an item ROt listed on the Agenda, a pink *'Request to Speak" form should be fffied out
and fried with the COmmi~-$iOn Secretary.
When you are called to speak, please come fortyard and state your name and address.
For all other agenda items a "Request to Speak" form must be fried with the Planning SecreUiry before
Commission gets to that item. There is a three (3) minute time limit for individual speakers.
COMMISSION BUSINESS
1. Approval of Agenda
2. Director's Hearing Update
PUBLIC HEARING ITEMS
Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Planner:
Recommendation:
Planning Application No. PA97-0349
City of Temecula
City-wide (residenthi zones)
Repeal Section 17.24(D)(1)(f) of the City's Development Code Pertaining
to Recreational Vehicle (RV) Storage in Residenthi Areas
Negative Declaration
Manhew Fagan, Assochte Planner
Adopt the Negative Declaration and Recommend that the City Council
Approve an Ordinance Entitled: "An Ordinance of the City Council of the
C'ny of Temecula, California, Repealing Section 17.24(D)(1)(f) of the City's
Development Code Pertaining to Recreational Vehicle (RV) Storage in
Residential Areas"
Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Phnner:
Recommendation:
Planning Application No. PA97-0319
City of Temecula
City-wide
Ameedmen~ to Ordinance No. 91-26 Pertaining to Advertising Regulations
and Establishing Reguhtions for the Use of Ambient Air Ballnoes and other
Similar Infiatables
Exempt from the California Environmental Quality Act (CEQA) per Seaion
15061Co)(3) of the CEQA Guidelines
Manhew Fagan, Associate Planner
Recommend Approval
Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Planner:
Recommendation:
PA97-0300
IMO CAL, INC.
East side of Margarita Road, approxlmalely 800' south of the intersection
of N. General Keamy and Margarita Roads.
Tentative Parcel Map and Environmental Initial Assessment to allow the
subdivision of 21.79 acres into 68 residenthi lots ranging from 6,414 sq. fL
to 29,900 sq. R.
Adoption of a Mitigated Negative Declaration
Patty Anders, Assistant Planner
Approval
PLANNING MANAGERS REPORT
PLANNING COMMISSION DISCUSSION
OTHER BUSINESS
Next meeting: November 17, 19{)7 - Regular Planning Commission meeting
ITEM #2
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
~le~bi:~2Y~ng Manager
November 3, 1997
Director's Hearing Case Update
Planning Director's Agenda items for October, 1997.
October 2
PA97--0278 Development Plan for Block Block Buster Video
October 9 PA97-0246
PA97-0247
October 9 PA97-0286
October 16 PA97-0279
Buster Video
Tentative Parcel Map 28007
Certificate of Compliance
Tentative Pareel Map
Certificate of Compliance
Minor Conditional Use
Permit to operate a
nightclub
Donald Coop
Rancon Realty Fund I
Lee Cornwell
Action
Approved
Approved
Approved
Approved
Attachments:
1. Action Agendas - Blue Page 2
RADIRItEAR\MEMO\lI-I-97.DH 10/28/97 klb
ATTACHMENT NO. 1
ACTION AGENDAS
R:\DIRHEAR\MEMO\II-3-97.DH 10/28/97klb 2
ACTION AGENDA
TF_,MECULA DIRECTOR'S HEARING
REGULAR MEETING
OCTOBER 2, 1997 1:30 P1VI
TEMECULA CITY HALL MAIN CONFERENCE ROOM
43200 Business Park Drive
Temecula, CA 92390
CALL TO ORDER:
Dave Hogan, Senior Planner
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public can address to the Senior
Planner on items that are not listed on the Agenda. Speakers are limited to three (3)
minutes each. If you desire to speak to the Senior Planner about an item not listed on the
Agenda, a pink "Request to Speak" form should be filled out and filed with the Senior
Planner.
When you are called to speak, please come forward and state your name and address.
For all other agenda items a "Request to Speak" form must be filed with the Senior
Planner before that item is heard. There is a three (3) minute time limit for individual
speakers.
PUBLIC HEARING
Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Case Planner:
Recommendation:
ACTION:
Planning Application No. PA97-0278 (Development Plan)
Block Buster Video
Northwest of the intersection of Rancho California Road and Lyndie
Lane in the Palmilla Plaza.
A Development Plan request for a 6,889 square foot Block Buster
Video.
Previously adopted Mitigated Negative Declaration dated September
28, 1995.
Patty Anders, Assistant Planner
Approval
APPROVED
ADJOURNMENT
ACTION AGENDA
TEMECULA DIRECTOR'S HEARING
REGULAR MEETING
OCTOBER 9, 1997 1:30 PM
TEMECULA CITY HALL MAIN CONFERENCE ROOM
43200 Business Park Drive, Temecula, CA 92390
CALL TO ORDER: Dave Hogan, Senior Planner
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public can address to the Senior Planner on
items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire
to speak to the Senior Planner about an item not listed on the Agenda, a pink "Request to Speak"
form should be filled out and filed with the Senior Planner.
When you are called to speak, please come forward and state your name and address.
For all other agenda items a "Request to Speak" form must be filed with the Senior Planner before
that item is heard. There is a three (3) minute time limit for individual speakers.
PUBLIC HEARING
1. Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Case Planner:
Case Engineer:
Recommendation:
ACTION:
Planning Application No. PA97-0246 (Tentative Parcel Map No.
28007) and PA97-0247 (Certificate of Compliance)
Donald Coop
South side of Winchester Road, north side of Enterprise Circle South,
east of Enterprise Circle West
To subdivide a 2.06 net acre site into two (2) parcels on property
zoned Service Commercial
Categorical Exemption, Class 15 Minor Land Division
Carole Donahoe, AICP, Project Planner
Gerry Alegria, Assistant Engineer
Approval
APPROVED
Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Case Planner:
Case Engineer:
Recommendation:
ACTION:
HanninE Application No. PA97-0286 (Tentative Parcel Map) and
PA97-0288 (Cerli~cate of Compliance).
Rancon Realty Fund I, Craig McCafferty
Northwest of the intersection of Commerce Center Drive and Via
Montezuma, behind the Highway Patrol Office (APN: 921-400-044
and 921-400-045).
To allow a two (2) lot subdivision with a waiver of Final Map.
Exempt per CEQA Guidelines Section 15315.
Patty Anders, Assistant Planner
Gerry Alegria, Assistant Engineer
Approval
APPROVED
R:\DIRHEAR~AGENDAXI0-9-97.AGN 10/28/97 klb
ACTION AGENDA
TEMECULA DIRECTOR'S HEARING
REGULAR MEETING
OCTOBER 16, 1997 1:30 PM
TEMECULA CITY HALL MAIN CONFERENCE ROOM
43200 Business Park Drive
Temecula, CA 92390
CALL TO ORDER:
Dave Hogan, Senior Planner
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public can address to the Senior
Planner on items that are not listed on the Agenda. Speakers are limited to three (3)
minutes each. If you desire to speak to the Senior Planner about an item not listed on the
Agenda, a pink "Request to Speak" form should be filled out and filed with the Senior
Planner.
When you are called to speak, please come forward and state your name and address.
For all other agenda items a "Request to Speak" form must be filed with the Senior
Planner before that item is heard. There is a three (3) minute time limit for individual
speakers.
PUBLIC HEARING
Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Case Planner:
Recommendation:
ACTION:
Planning Application No. PA97-0279 (Minor Conditional Use
Permit)
Lee J. Cornwell
28822 Front Street (Suites 203 and 204)
To operate a nightclub including dancing with live entertainment
and DJ and the on-site consumption of alcoholic beverages
Exempt
John De Gange
Approval
APPR O VED
ADJOURNMENT
R:XDIRHEAR~GENDA\I0-16-97.AGN 10/28/97klb
ITEM #3
MEMORANDUlVl
TO:
FROM:
Planning Commissig_,ff
QILI
Debbie Ubnoske', Planning Manager
DATE:
November 3, 1997
SUBJECT:
Planning Application No. PA97-0349 - Amendment to Section 17.24.020(D)(1)(f)
of the City's Development Code Pertaining to Recreational Vehicle (RV) Storage
in Residential Areas
Prepared By:
Matthew Fagan, Associate Planner
RECOMMENDATION:
The Planning Department Staff recommends the Planning
Commission:
1. ADO~ the Negative Declaration for PA97-0349;
~ Resolution No. 97- recommending that the City
Council approve an Ordinance Repealing Section
17.24.020(D)(1)(f) of the Temecula Development Code
pertaining to Recreational Vehicle (RV) storage in
residential axeas based upon the Analysis and Findings
contained in the Staff Report.
BACKGROUND
At the August 12, 1997 City Council meeting, Mayor Birdsall requested that staff prepare a report
discussing recreational vehicle (RV) storage in residential districts. This report was presented to
the City Council at their September 23, 1997 meeting. The issues discussed by the Council
centered on those issues which were previously discussed by the Planning Commission at their
January 27, 1997 meeting. Those Sections of the Code that were discussed related to City
restrictions on paxking vehicles in front yards. The specific Code references are as follows:
Section 17.24.020(D)(1)(f) states: "Except as provided herein, vehicles parked
withi~ public view in required or authorized parking areas within the front yard,
comer side yard or side yard abutting a street shall be parked or left standing for
temporary periods of time not to exceed five (5) consecutive days.,
Section 17.24.0500) states: "In a residential zone, no portion of the required front
yard areas shall be developed or used for vehicular off-street parking other than
that portion occupied by the driveway. The curb cut for the driveway shall not
exc_~__ twenty four (24) feet in width. This restriction shall apply to automobiles,
tracks, buses, trailers, boats, recreational vehicles, and motorcycles."
DISCUSSION
At their September 23, 1997 meeting, the Council directed staff to amend the Development Code
to delete Section 17.24.020(D)(1)(f). Most of the Council's discussion focused on the
appropriateness and need for the City to enforce a regulation that is generally incorporated into
Home Owner's Association CC&R's In the end, the Council decided that the City should not
assume any responsibility for enforcement of Home Owner's Association CC&R's type of
regulation. However, the Council felt that Section 17.24.0500) should be retained to prevent
residents from storing vehicles on landscaped areas. As a result, Staff has brought forward the
proposed Ordinance to delete Section 17.24.020(D)(1)(f) of the Development Code.
FISCAL IMPACT
None.
Attachments:
Resolution No. 97- - Blue Page 3
A. Ordinance No. 97- - Blue Page 6
Initial Environmental Study - Blue Page 9
City Council Staff Report (September 23, 1997) - Blue Page 18
City Council Minutes (September 23, 1997) - Blue Page 19
R:x,~TAFFRI~B.~9PA97.PCI 10/20/97mir 2
ATTACIIMENT NO. 1
PC RESOLUTION NO. 97-
R:~STAFFRPTLM9PA97.PC1 10/20/9'/mf 3
ATTACHMENT NO. 1
RESOLUTION NO, 97-
A RESOLUTION OF THE PLANNING COMMISSION OF
~ CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL APPROVE AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TEMECULA REPEALING
SECTION 17,24,020(D)(1)(f) OF ~ TEMECULA
DEVI~.LO~ CODE PERTAINING TO RECREATIONAL
VEHICLE (RV) STORAGE IN RESIDENTIAL AREAS
WHEREAS, on November 9, 1993, the City Council of the City of Temecula adopted the
General Plan;
WHEREAS, on January 25, 1997, the City of Temecula City Council adopted the City's
Development Code;
WHEREAS, the City has identified a need to amend the Development Cede;
WHEREAS, notice of the proposed Ordinance was posted at City Hall, the County
Library, Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of
Commerce; and,
WHEREAS, a public hearing was held on November 3, 1997, at which time interested
persons had an opportunity to testify either in support or in opposition.
NOW, THEREFORE, THE PLANNING COMMISSION FOR THE CITY OF
TEMECULA DOES HEREBY RECOMMEND THAT THE CITY COUNCIL APPROVE
AN ORDINANCE ENTITLED: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA, CALIFORNIA, REPEALING SECTION 17.24.020(D)(1)(f) OF
THE CITY'S DEVELOPMENT CODE PERTAINING TO RECREATIONAL VEHICLE
(RV) STORAGE IN RESIDENTIAL AREAS" THAT IS SUI~TANTIALLY IN THE FORM
ATTACHED TO THIS RF_~OLUTION AS EXHIBIT A,
R:\STA~9PA97.PCI 10/20/97mf 4
PASSED, APPROVED AND ADOPTED this 3rd day of November, 1997.
Linda Fahey, Chairman
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temeeula at a regular meeting thereof, held on the 3rd day of
November, 1997 by the following vote of the Commission:
AYES:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
R:XSTAFFIlPTLM9PAg"/,PC1 10/20/97mf 5
EXHIBIT A
ORDINANCE NO. 9%
R:x, STAPFRPTL~49PA97.PCI 10F20/97mf 6
EXli3B1T A
ORDINANCE NO. 97-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, CALIFORNIA, fIRPEALING SECTION
17.24.020(D)(1)(f) OF ~ CITY'S DEVELOPMENT CODE
PERTAINING TO RECREATIONAL VEHICLE (RV)
STORAGE IN RESIDENTIAL AREAS
~ CITY COUNCIL OF ~ CITY OF TEMECULA, STATE OF CAIJFORNIA,
DOES ORDAIN AS FOLII)WS:
Section 1. EiIgljxlga. That the Temecula City Council hereby makes the following
findings:
A. That Section 65800 of the Government Cede provides for the adoption and
administration of zoning laws, ordinances, rules, and regulations by cities to implement such
general plan as may be in effect in any such city;
B. That there is a need to amend the Development Cede to protect the public health,
safety and welfare; and
C. That this Ordinance complies with all applicable requirements of State law and local
ordinances.
Section 2. Section 17.24.020(D)(1)(f) of the Development Cede is hereby repealed.
Section 3. Sevembility. The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or Section of this Ordinance to be invalid, such decision shall not affect the
validity of the remaining parts of this Ordinance.
Section 4. Effective Date. This Ordinance shall be in full force and effect thirty
(30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The
City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this
Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption
of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish
a summary of this Ordinance, together with the names of the Councilmembers voting for and
against the Ordinance, and pest the same in the office of the City Clerk.
R:XSTAFFRFE349pA97.PCI 10/20/97 mf 7
Section 5. PASSED, APPROVED, AND ADOPTED this __ day of ,
199 .
Patricia Birdsall, Mayor
ATFF_,ST:
June S. Greek, City Clerk
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA
I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
the foregoing Ordinance No. 9 __ was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the __ day of , 199__, and that
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council
of the City of Temecula on the day of , by the following roll call vote:
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS
ABSENT:
COUNCILMEMBERS
June S. Greek, City Clerk
R:~STAFFRPTLMgPA97.PCl 10/20/97 mf 8
ATTACHMENT NO. 2
INITIAL ENVIRONM~NTAL STUDY
CITY OF TEMECULA
Environmental Checklist
4.
5.
6.
7.
8.
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:
Surrounding Land Uses and Setting:
Other public agencies whose approval
is required:
p!~nnlng Apphcation No. PA97-0349
City of Tamecula
P.O. Box 9033
Temecula, CA 92590
Matthew Fagan, Associate Planner (909) 694-6400
City-wide in the residential districts
Same as No. 2.
Multiple residential designations
Multiple residential designations
Amendment to Chapter 17.24 of the City's Development
Code, appealing Section 17.24.020(12))(1)(t) which reads:
"Except as provided herein, vehicles parked within public
view in required or authorized parking areas within the
front yard, comer side yard or side yard abutting a street
shall be parked or lei~ standing for temporary periods of
time not to exceed five consecutive days."
N/A
Non6.
R:XSTAFFRPT~49PA97.PC1 10720/97mf 10
ENV]RON1VIENTAL FACTORS POTENTIALLY AFf'I~CTED:
The environmental factors checked below would bc potentially affected by this projcct, involving at lcast one
impact that is a "Potentially Significant Impact" as indicated by the chccklist on the following pagcs.
[ ] Land Use and planning
[ ] Population and Housing
[ ] G~ologic Problems
[ ] Water
[ ] Air Quality
[ ] Transportation/Circulation
[ ] Biological Resources
[ ] Energy and Mincral Resources
[X] None
DETERMINATION
Noise
Public Services
Utilities and Service Systems
Aesthetics
Cultural Resources
Recreation
[ ] Mandatory Findings of Significance
On the basis of this initial evaluation, I fred that the proposed project COULD NOT have a significant on the
environment, and a NEGATIVE DECLARATION will be prepared.
S aturc Date
Printed Name~
R:\STAFFRFf~349PA97.PCI 10/20/97mf 11
1. LAND USE AND PLANNING. Would the proposal:
a. Con~ct w/th general plan designation or zoning?
b. Conflict with applicable environmental plans or poli~xes
adopted by agencies with jurisdiction over the pwjeci?
c. Be menmpatible with existing land use in the vicinity?
d. Affect agricultural resources or operations (e.g. impacts to
s/~s or farmlands, or impacts from incompatible land uses)?
e. Disroptordividethephysicalarrangementofanesmblished
community (including low-income or minority coBllnLlnity)?
l. POPULATION AND HOUSING. Would be proposal:
a. Cumulatively exceed official regional or local population
projects?
b. Induce substantial growth in an area either directly or
indirectly (e.g. through project in an undeveloped area
or extension of major infrash'ucture)?
c. Displace existing hou,(mg, especially affordable hou.(mg?
3. GEOLOClC PROBLEMS. Would the proposal result
in or expose people to potential impacts invo]vlng?
a. Fault rupture?
b. Seismic ground shag?
c. Seismic ground failure, including liquefaction?
d. Seiche, tsunami, or volcanic hazard?
e. Landslides or mudflows?
f Erosion, changes m topography or unstable soil conciilions
form excavation, grading or fill?
g. Subsidence of the land?
h. Expansive soils?
I. Unique geologic or physical features?
WATER. Would the proposal result in.'
a. Changes in absorption rates, drainage pattans, or the
rate and mount of surface rimoff"/
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R:xSTAFFRIrf~i9PA97.PCI 10/20/97mf 12
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b. Exposure of people or property to water related hs~grds
such as flooding?
c. Discharge into surface waters or other altffation of suffa~
water quality (e.g. temperature, dissolved oxygen or
turbiclity)?
d. Changes in the mount of surface water in any water
body7
e. Changes in currents, or the course or direction of water
movements?
f. Change in the qusnfity 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 recherge capability?
g. Altered direction or rate of flow of groundwater?
h. Impacts to groundwater quality?
Substantial reduction in the mount of groundwater
otherwise available for public water supplies?
AIR QUALITY. Would the proposal:
a. Violate any air quality standard or contribute to an
existing or projected air quality violation?
b. Expose sensitive recepmrs 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)?
c. Inadequate emergency access or access to nearby uses7
d. Insufficient perking capecity on-site or off-site?
e. Hazards or bamers for pedestrians or bieyelists?
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[x]
R:\STAFFRFr~49PA~7.PCI 10/20/97 mf 13
Conflicts with adopted policies supporting altanativc
transportation (e.g. bus turnouts, bicycle racks)?
g. Rail, waterborne or air ~affic impacts?
7. BIOLOGICAL RESOURCES. Would the proposal
resuR In impacts to:
Endangered, threatened or rare species or their habitats
(including but not limited to plants, fish, insects, animals
and birds)?
b. Locally designated species (e.g. heritage trees)?
c. Locally designated natural communities (e.g. oak forest,
coastal habitat, etc.)?
d. Weftand habitat (e.g. marsh, ripman and vernal pool)?
e. Wildlife dispersal or migration coredors?
8. ENERGY AND MINERAL RESOURCES.
Would the propossl:
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 risk of accidental explosion or release of hazardous
substances (including, but not limited to: oil, pesticides,
chemical or radiation)?
b. Possible inmrference with an emergency response plan
or emergency evacuation plan?
c. The creation of any health hazard or potential health
hazard?
d. Exposure ofpenple to existing sources ofpotential health
hazards?
e. Increase fire hazard in areas with timable brush,
grass, or trees?
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NO
R:',STAPPRPTLMgpA97.PCI 10/20/97mf 14
10. NOISE. Would the proposal mult in:
a. Increase in existing noise levels?
b. Exposure of people to severe noise levels?
11. PUBLIC SERVICES. Would the proposal hove an effect
upon, or re~ult ia a need for new or altered government
services In any of the followbig aroas:
a. Fire protection?
b. Police protectinn?
c, Schools?
d. Maintcnance ofpublicfacil~ties, including roads?
c. Other governmental services?
12. UTILITIES AND SERVICE SYSTEMS. Would the
proposal result in a need for uew systems or supplies,
or substantial alterations to the following utilities:
a. Power or natural gas?
b. Communications systems?
c. Local or regional water ~catmcnt or distribution
facilities?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste disposal?
g. Local or regional water supplies?
13. AESTHETICS. Would the proposal:
a. Affect a scenic vista or scenic highway?
b. Have a demonstrable negative aesthetic effect?
c. Create light or giere?
14. CULTURAL RESOURCES. Would the proposal:
a. Disturb palcontologicsl resources?
slmr~,~
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NO
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[x]
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R:XSTAFFRFI'X349pA97.pC1 lOP20~91mf 15
b. Disturb archaeological r-',~ources?
c. Affect historical resomces?
d. Have the potential to cause a physical change which would
affect unique ethnic cultural values?
e. Restrict existing religious or sacred uses within the pot~ttial
impact area?
15. RECREATION. Would the propossl:
a. Increase the demand for neighborhood or regional psrks or
other recreational facilities?
b. Affect existing recreational opportunities?
16. MANDATORY FINDINGS OF SIGNI~'ICANCE.
a,
Does the project have the potential to &grade the quality
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population
to drop below self-sustaining levels, threaten to eliminate
a plant or animal community, reduce the amber of restrict
the range of a rare or endangered plant or animal or eliminate
important examples of the major periods of California history
or prehistory?
b. Does the project have the potential to achieve short-term, to the
disadvantage of long-term, environmental goals?
Dues the project have impacts that area individually
limited, but cumulatively considerable? ("Cumulatively
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 indirec~y?
17. EARI .ll~,R ANALYSES. None.
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R:~,STAI~RFrX349PA97.PC1 10/20/97 mf 16
DISCUSSION OF THE ENVIRONlVIENTAL IMPACTS
Based upon the analysis contained in the Initial Environmental Study, repe-,~ling Section
17.24.(Y20(D)(1)(f) of the City's Development Code will not have an impact to the environment
in the following areas: Land Use and Planning, Population and Housing, Geologic Problems,
Water, Air Quality, Transportation/Circulation, Biological Resources, Energy and Mineral
Resources, Hazards, Noise, Public Services, Utilities and Service Systems, Cultoral Resources
and Recreation.
Staff determined there would be a less than significant impact to Aesthetics as a result of repealing
Section 17.24.020(D)(1)(f) of the City's Development Code. Potential impacts would be
mitigated by the Home Owner's Associations (HOA) in the event that any of the CC&R's
pertaining to this issue are violated. In areas where the Home Owner's Association is not active,
it is assumed that residents located in those areas with the knowledge that this type of enforcement
by the Home Owner' s Association would not occur. No mitigation measures are required.
R:\STAFFRIrI'LM9PA97,PCI 10/20/97mf
ATTACHMENT NO. 3
CITY COUNCEL, STAff REPORT
SEPTEMBER 23, 1997
R:XSTAFFRFl%M9PA97.FC1 lOr20/97mf 18
APPROV__~
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council\City Manager
Gary Thornhill, Community Development Director~;>'
September 23, 1997
Recreational Vehicle Storage in Residential Districts
Prepared By: Debbie Ubnoske, Planning Manager
RECOMMENDATION:
Provide Direction.
BACKGROUND
At the August 12, 1997 City Council meeting, Mayor Birdsall requested staff to prepare a staff
report discussing recreational vehicle storage in residential districts. Currently, Section
17.24.050(i) of the Development Code restricts the ability of residents to store recreational
vehicles in the front and street side yards in all residential districts. Since the implementation
of this provision of the Development Code, this has presented some problems due to the size
of the lots in most of the residential developments in the City not being large enough to allow
storage in areas other than the front or street side yards. As the City's Code Enforcement
Officers have attempted to enforce this provision of the Development Code, they have met with
resistance from property owners who have no where else to store their trailers, recreational
vehicles, and boats. However, the City is currently processing several applications for self
storage facilities. These are expected to provide additional storage opportunities.
The Sections of the Code that appear to be causing the most concern are as follows:
Section 17.24,020(f) states: "Except as provided in herein, vehicles parked
within public view in required or authorized parking areas within the front yard,
corner side yard or side yard abutting a street shall be parked or left standing for
temporary periods of time not to exceed five (5) consecutive days."
Section 17.24.050(I) states: "In a residential zone, no portion of the required
front yard areas shall be developed or used for vehicular off-street parking other
than that portion occupied by the driveway. The curb cut for the driveway shall
not exceed twenty four (24) feet in width. This restriction shall apply to
automobiles, trucks, buses, trailers, boats, recreational vehicles, and
motorcycles."
The City's Development Code requires at least one residential side yard to be at least 10 feet
wide. A 10 foot side yard setback is wide enough to allow vehicular access to the side and
rear of the property for vehicle storage. In contrast, the previous County land use ordinance
required only a five (5) foot minimum side yard.
It is staff's opinion that Sections 17.24.020(f) and 17.24.050 (I) may not be reasonable given
that so many of the City's residential areas have already been built with a narrow side yard on
both sides thereby making it difficult to store recreational vehicles in any place other than the
front of the residence. In addition, the Development Code contains no provisions for an
exception/appeal process should such a process be needed due to prior conditions created by
the County.
FISCAL IMPACT
Non8.
R:\STAFFREI~VF~4STOR,CC 91151~7 kJb 2
ATTACtlMENT NO. 4
CITY COUNCIL MINUTES
SEPTEMBER 23, 1997
R:'xSTAFFRPT'x349PA97.PCI 10/20fiJTmf 19
Ciw Council Minutes September 23.1997
25. Recreational Vehicle Storage in Residential Zones
Community Development Director Gary Thornhill presented the staff report.
Mayor Birdsall stated she feels the City should not assume additional responsibility for
Homeowners Association CC&R's.
Councilmember Stone asked if other cities have been contacted to see how they address
this issue.
Community Development Director Gary Thornhill stated the vast majority of cities do not
get into strong regulation of these issues.
City Manager Ron Bradley explained the basic underlying authority on this issue is the
California Vehicle Code whose provisions prevent long-term parking on public streets.
He stated there are cities who adopt more stringent codes.
It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Ford to assume
no additional responsibility for enforcement of Home Owners Association CC&R's and
to direct Code Enforcement not to enforce Section 17.24.020(f) and Section
17.24.050(I).
Community Development Director Gary Thornhill, explained that the language on
17.24.050(I) was meant to address vehicles being parked on front lawn areas, and
suggested the motion be amended to come back with language that addresses this more
clearly.
Mayor Pro Tem Roberrs amended his motion, and Councilmember Ford amended his
second to also direct that the matter of enforcement for vehicles parked in front lawn
areas will continue to be vigorously pursued under the City zoning codes and applicable
government code sections, until such time as language can be clarified.
The motion carried with Councilmember Stone abstaining, stating he would like to have
more information before voting on this matter.
26. City Council Meeting Schedule - October. November and December 1997
Minutes\09\23/07 -11- 10/09197
ITEM #4
TO:
FROM:
DATE:
SUBJECT:
Planning Commission /
Debbie Ubnos~?;anning Manager
November 3, 1997
Planning Application No. PA97-0319: Amendment to Ordinance No. 91-26
Pertaining to Advertising Regulations and Establishing Regulations for the Use
of Ambient Air Balloons and other Similar Inflatables
Prepared by:
Matthew Fagan, Associate Planner
RECOMMENDATION:
The Planning Department Staff recommends the Planning
Commission:
ADO~ Resolution No. 97- recommending that the
City Council adopt an Ordinance mending Ordinance
No. 91-26, Section 19.8, Subsection C.4 and C.5,
pertaining to advertising regulations for the use of
temporary ambient air balloons based upon the Analysis
and Findings contained in the Staff Report.
BACKGROUND
On July 23, 1991, the City Council adopted Ordinance No. 91-26, which amended Ordinance
No. 90-04. This added Section 19.8, establishing regulations governing the size, shape and
type of ambient air balloons used for advertising purposes and specified the time period for
which a permit can be obtained. Recently, there has been confusion regarding the intent of
this Section. The language proposed in the amendment will serve to clarify the ordinance.
ANALYSIS
Revised Lartgu~ge Proposed for Section 19.8, Subsection C.4
Below is the revised language proposed for Section 19.8, Subsection C.4. Additions to the
language appear in bold type-face. Deletions appear as a strike-out to the text.
R:~TAFFRPTX319PA97.PC1 10/20/97
"All such si~.~ Ambient Air Balloons shah be permitted to be displayed for a period
not to exceed a total of fifteen (15) consecutive calendar days ~i~LLi in any ninety (90)
calendar day period. The ninety (~0) calendar day period shah commence upon
issuance of the required permit. In l~u d addition to the maximum allowable
fifteen (15) consecutive calendar day period herein a thirty (30) consecutive calendar
day permit may be issued by the City d~hi~ for the month during which the Temecula
Annual Balloon and Wine Festival is held, if such event is held."
The new language clarifies the display period for the ambient air balloons to be fifteen (15)
consecutive calendar days. Additional language has been added to clarify the ninety (90)
calendar day period between the issuance of permits for the ambient air balloons. Lastly, the
language for the period during the Temecula Annual Balloon and Wine Festival has been
clarified. Staff feels these modifications to the language is closer to the original intent of the
Ordinance. In addition, this will allow clarity in interpretation of the Ordinance in the event
that the Code Enforcement Department is needed.
Revised Language Proposed for Section 19.8, Subsection C.5
Below is the revised language proposed for Section 19.8, Subsection C.5. Additions to the
language appear in bold type-face. Deletions appear as a strike-out to the text.
"The number of Sigiii Ambient Air Balloons proposed to be used shall be limited to no
more than 'd,,,~ (3) one (1) on any one site during any allowed time period as set forth
in subparagraph C.4. A maximrim of three (3) businesses may be identified on the
Ambient Air Balloon, with individual tenants allowed a maximum of one
advertisement per Ambient Air Balloon. Spacing shall be a minimum of three
hundred fifty feet (350') between the ambient air balloons. In lieu of the maximum
allowable tlu ec (3) signs one (1) Ambient Air Balloon on any one site and the
minimum three hundred fifty foot (350') spacing between balloons herein, the
provisions of subparagraph c.5. may be waived by the City duiifit; for the month
during which of the Temecula Annual Balloon and Wine Festival is held, if such event
is held."
The changes to this Section decreases the potential for multiple interpretations of the number
of ambient air balloons allowed on a "site." Site is identified in Ordinance No. 91-26 as: "one
or more contiguous parcels of land identified by the Assessor' s records wherein an individual
building or an integrated building development has been approved" and "a building wherein
two or more separate independently owned or operated commercial, office or industrial
businesses are contained." Language has been added to clarify the maximum number of
businesses to be allowed on the ambient air balloon (three). Lastly, the language for the
period during the Temecula Annual Balloon and Wine Festival has been clarified. Again,
Staff feels these modifications to the language is closer to the original intent of the Ordinance
and will allow further claxity in interpretation of the Ordinance.
R:\STAFFRFI'x319pA97.]FC1 10/20197 mf 2
Attachments:
PC Resolution No. 97- - Blue Page 4
A. Ordinance No. 97-__ - Blue Page 7
Ordinance No. 91-26 - Blue Page 11
R:~TAFFRPTX319PA97.1~CI 10/28/97 mf 3
ATTACHMENT NO. 1
PC RESOLUTION NO. ~)7-
R:~STAFFRFI'X319PA97.PC1 lO~20~Tmf 4
ATTACHMENT NO. 1
RESOLUTION NO. 97-
A RESOLUTION OF TIff- PLANNING COMMISSION OF
~ CITY OF TEMECULA RECOIVIMENDING THAT THE
CITY COUNCIL ADOPT AN ORDINANCE AMENDING
ORDINANCE NO. 91-26, SECTION 19.8, SUBSECTION C.4
AND C.$, PERTAINING TO ADVERTISING REGULATIONS
FOR THE USE OF TE1VIPORARY AMBIENT AIR
BALLOONS
V61EREAS, on July 23, 1991, the City of Temecula City Council adopted Ordinance No.
91-26 which amended Ordinance No. 90-04, adding provisions to allow for the use of temporary
ambient air balloons for advertising purposes;
WHEREAS, on November 9, 1993, the City Council of the City of Temecula adopted the
General Plan;
WHEREAS, the City has identified a need to amend Ordinance No. 91-26;
WHEREAS, notice of the proposed Ordinance was posted at City Hall, the County
Library, Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of
Commerce; and,
WHEREAS, a public hearing was held on November 3, 1997, at which time interested
persons had an opportunity to testify either in support or in opposition.
NOW, THEREFORE, THE PLANNING COMMIRSION FOR THE CITY OF
TEMECULA DOES HEREBY RECOMMEND THAT THE CITY COUNCIL ADOPT AN
ORDINANCE ENTITLED: 'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TESiECULA, CALIFORNIA, AI%iENDING ORDINANCE NO. 91-26, SECTION 19.8,
SUBSECTION C.4 AND C.5, PERTAINING TO ADVERTISING REGULATIONS FOR
THE USE OF TEMB3~Y AIVIBIENT AIR BALLOONS AND OTHER SIMILAR
INFLATABLES" THAT IS SUBSTANTIALLY IN THE FORM ATTACHED TO THIS
RESOLUTION AS EXHIBIT A.
R:\STAFFRFl~319PA97.PCI lO/20/~Tmf 5
PASSED, APPROVED AND ADOPTED this 3rd day of November, 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 3rd day of
November, 1997 by the following vote of the Commission:
AYES:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
R:\STAFPRIq~I9PA97.PC1 10/20/97mf 6
EXFr!RIT A
ORDINANCE NO. 97-
R:k~TAFFRP'B319PA97.PC1 10/'20/97 mf 7
EXlHRIT A
ORDINANCE NO. 97-
AN ORDINANCE OF ~ CITY COUNCIL OF THE CITY
OF TEMECULA, CALIFORNIA, AMENDING ORDINANCE
NO. 91-26, SECTION 19.8, SUBSECTION C.4 AND C.5
PERTAINING TO ADVERTISING REGULATIONS FOR THE
USE OF TEMPORARY AMBIENT AIR BALLOONS AND
OTFIFR SIMILAR INFLATABLES
THE CITY COUNCIL OF THE CITY OF TEMECUIA, STATE OF CAI.IFORNIA,
DOES ORDAIN AS FOLLOWS:
Section 1. Ekla~. That the Temecula City Council hereby makes the following
findings:
A. The City has adopted by reference portions of the non-codified Riverside County
Ordinance including Ordinance No. 348.
B. Ordinance No. 91-26 amended Ordinance No. 90-04 by adding provisions to allow
for the use of temporary ambient air balloons for advertising puq~oses.
C. It is necessary to Amend Ordinance No. 90-04, Section 19.8, Subsection C.4 and
C.5, pertaining to Advertising Regulations for the Use of Temporary Ambient Air Balloons and
Other Similar Inflatables.
Section2. Ordinance Amendment. City Ordinance No. 90-IM adopted by
reference cemin portions of Non-Codi~ed Riverside County Ordinances, including Ordinance No.
348. Riverside County Ordinance No. 348, Section 19.8, Subsections C.4 and C.5, are hereby
amended to read:
Ambient Air Balloons shall be permitted to be displayed for a period not to exceed
a total of fifteen (15) consecutive calendar days in any ninety (90) calendar day
period. The ninety (90) calendar day period shall commence upon issuance of the
required permit. In addition to the maximum allowable fifteen (15) consecutive
calendar day period herein a thirty (30) consecutive calendar day permit may be
issued by the City for the month during which the Temecula Annual Balloon and
Wine Festival is held, if such event is held."
II5 ·
The number of Ambient Air Balloons proposed to be used shall be limited to no
more than one (1) on any one site during any allowed time period as set forth in
subparagraph C.4. A maximum of three (3) businesses may be identified on the
Ambient Air Balloon, with individual tenants allowed a maximum of one
advertisement per Ambient Air Balloon. Spacing shall be a minimum of three
R:\STAFFRPT~lgPA97.PCI 10/20/97m~ 8
hundred fifty feet 050') between the ambient air balloons. In lieu of the maximum
allowable one (1) Ambient Air Balloon on any one site and the minimum three
hundred fifty foot (350') spacing between balloons herein, the provisions of
subparagraph C.5. may be waived by the City for the month during which the
Temecula Annual Balloon and Wine Festival is held, if such event is held.'
Section 3. Severability. The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or Section of this Ordinance to be invalid, such decision shall not affect the
validity of the remaining parts of this Ordinance.
Section 4. Effective Date. This Ordinance shall be in full force and effect thirty
(30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The
City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this
Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption
of tl-fis Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish
a summary of this Ordinance, together with the names of the Councilmembers voting for and
against the Ordinance, and pest the same in the office of the City Clerk.
Section 5. PASSED, APPROVED, AND ADOPTED this __
199 .
day of ,
Patricia Birdsall, Mayor
R:\STAFFRIrI~319PA97.PCI 10F20/97mf 9
ATrEST:
June S. Greek, City Clerk
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA
I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
the foregoing Ordinance No. 9 __ was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the __ day of , 199__, and that
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council
of the City of Temecula on the __ day of , by the following roll call vote:
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS
ABSENT:
COUNCILMEMBERS
June S. Greek, City Clerk
R:\STAFFRFF~IgPA97.PCI 10/10~f/mf
ATTACIIMF~NT NO. 2
ORDINANCE NO. 91-26
R:\STAFFRF~lgPA97.PC1 10/20/97mf
ORDINANCE NO. 91-26
AN ORDINANCE OF ~ CITY COUNCIL OF THE CITY OF
TEMF. CULA AMENDING PORTIONS OF ORDINANCE NO. 90-04
PERTAINING TO ADVERTISING REGULATIONS AND
ESTABL~HNG RF~ULATIONS FOR ~ USE OF AMBIENT AIR
B~L~DONS AND OTm~ SIMHAR INFLATABLE
THE CITY COUNCIL OFTHE CITY OF TEMECULA DOES p,~_~.Ry ORDAIN AS
FOLLOWS:
SECTION 1. ~. That the Temecuh City Council hereby mnh~__~ the following
findings:
Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a
general plan within thirty (30) months following incorporation. During that 30-month period of
time, the city is not subject to the requirement that a general plan be adopted or the requirements
of state law that its decisions be consistent with the general plan, if all of the following
requirements are met:
a. The city is proceeding in a timely fashion with the preparation of the general
b. The planning agency finds, in approving projects and Utldng othe~ actions, each
of the following:
(1) There is a reasonable probability that the land use or action propo__~,<l_
will be consistent with the general plan proposal being considered or studied or which will be
studied within a reasonable time.
(2) There is little or no probability of substantial detriment to or
interference with the future adopted general plan if the proposed use or action is ultimately
inconsistent with the plan.
(3) The proposed use or action complies with all other applicable
requirements of state hw and local ordinances,
The Riverside County General Plan, as mended by the Southwest Area Community Plan,
(hereinafier 'SWAP") was adopted prior to the incorporation of Temecula as the General Plan for
the southwest portion of Riverside County, including the area now within the boundaries of the
91-26 -1-
City. At this time, the Ci~ has adopted SWAP as its Generdl Plan guidelines while th~ City is
p_roceed___ing in a timely fashion with the prepm~tion of its General Plan.
The proposed land use re~d~ons ~e consistent with fi~e SWAP and meet the requirements
set forth in Section 65360 of the Govenment Code, to wit:
a. The city is p~___~ng in a timely fashion with the preparation of the general
b. The City Council finds, in adopting land u.~ rcgulatious pursuant to this title,
each of the following:
(1) There is reasonable probability that Ordinance No. 91-26 will be
consistent with the general plan propo~ being considen:d or ~41ed or which will be studied with
a reasonable time.
(2) There is little or no probability of substantial detriment to or
interference with the future adopted general plan if the proposed use or action is ultinmtely
inconsisteat with the plan.
(3) The proposed use or action complies with all other applicable
requirements of state hw and local ordinances.
SECTION 2. City Ordinance No. 90-04 adopted by refuauace cemin lxntions of the Non-
Codi~ed Riverside County Ordinances, including Ordinance No. 348. Article XIX of the
Ordinance No. 348 is hereby mended to read as follows:
"SECTION 19.8. TEMPORARY AMBIENT AIR BAI-I-0ONS.
a. For the purpose of this Section, a temporary ambient air ballcon shall mean a
sign, not otherwise permitted by Article XIX, which is a temporary structure supported by forced
cold air (non-helium), constructed of fabric materials, and affixed to the ground or roof top using
steel cable anchoring systems. Such signs may be illuminated at night using electrical lighting
systems. All such signs under this Section using electrical lighting systems shall be installed in
confoux~mce with the pwvisions of Riverside County Ordinance No. 655, adopted by reference
by the City of Temecula, and all other applicable provisions of the Temecula Municipal Code
reguhfing the installation of such electrical lighting systems.
b. For the puxpose of this Section, a site dall be defined as the following:
Otds 91-26 -2-
1. One or more contiguous parcels of land identified by tim Assessor's
L~CO__~rdS wlunin an ~ual b. ildlng or an integrated building development has been approved.
2. A building wherein two or more separate independently owned or
operated comme~clal, office or industrial businesses are contained.
c. Notwithstanding any other provisions of this Section, temporary ambient air
balloons and other similar intl~hle ate permitted only in commercial and induslrial zones subject
to the following limitalions:
1. The maximum allowable size of any such sign shall be limited to no
more than 1500 square feet, as measured at the cross section of the balloon used.
2. Ali such signs sbali be ground mounted e~ roof mounted. Theallowable
height shall not exc_,>~__ fitlny (30) feet, as measured from the point of anchor to the highest
portion of the balloon.
3, All such signs shah not be free-floating (tethered) nor constructed in a
shape different from the "hot-air baboon shape" typically depicted in the City of Temecula's
Annual Balloon and W'me Festival. Ft~ example, such batloons in the shape of blimps or cartoon
characters shali not be permitted.
4. All such signs shall be permitted to be disphyed for a period not to
exc_,x'd__ a Wtal of fifteen (15) calendar days within any ninety (90) calendar day period. In lieu
of the maximum allowable ~i~en (15) calendar day period hereh, a thirty (30) calendar say
permit may be issued by the City during the month of the Temecula Annual Balloon and Wine
Festival, if such event is held.
5. The number of signs proposed to be used shall be limited to no more
than three (3) on any one site during any allowed lime period as set forth in subparagraph c. 4.
Spacing shall be a minimum of five hundred (350') feet between the ambient air balloons., In lieu
of the maximum allowable three (3) signs on any one site and minimum three hundred fifty (350')
foot spacing between balloons herein, the provisions of subparagraph c. 5. may be waived by the
City during the month of the Temecuh Annual Balloon and W'me Festival, if such event is held.
6. No such sign shall be erected, placed or maintained unless first apt, wved
by both the City Building Director and the City Planning Director. Approval shall be obtained
by the submittal of an application and payment of required fees (to be established by Resolution).
The application shall be a accompanied with drawing, utilizing the Site Plan, specifying the
location of the sign to be approved with the specified dates of the proposed set-up and tn~_ down
of the sign(s).
Ofda 91-2~ -3-
8. No temporary ambiant air ba!loon or similar inflatable shall be erected,
placed or maintained so that it does any of the following:
a. Man, defaces, disfigures or d~mages any public building,
structure or other property; and
9. Any temporay/ambient air balloon erected, placed or maintained in
violation of any provision of this Section may be removed by the City five (5) days after notice
of the violation given to the owner, lessee or person in hwful possession of the p, uperty. Any
temporary ambient air balloon which constitutes an immediate dangor to the safety or penon or
proIn'W or which has not been removed within t~n (10) days as provided in subsection c. 7., may
be removed by the City summarily and without notice. The City may bring as an action to
recover the reasonable costs of sign removal under this subsection. ·
SEC'flON 3. l:nvlronment~l Conlpllnnce. The City Council hereby finds that this project
does not have a potential for causing a significant affect on the environment. Therefore, the
project is exempt from the California Environmental Quality Act under Section 15061(b) (3).
SE~-x1ON 4. F. xeml~ion~ Not withstavxling the in'ovisions of this Ordinance, should any
party believe that they would suffer a hardship if not permitted to install an ambient air balloon,
they may apply to the Planning Director for an exemption to this Ordinnnce. Such application for
an exemption shall be reviewed by the Planning Commission for a recommendation to the City
Council. Such exemption may be granted by the City Council only a~tx due notice and public
hearing hereon.
SF_~'I'ION 5. Sever~hility. The City Council hereby declares that the provisions of this
Ordinance are severable and ff for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the
validity of the remaining parts of this Ordinance.
SECTION 6. F. ffective Date. This Ordinance shal] be in fuJI force and effect thirty (30)
days after its passage. The City Clerk shall ca'tify to the adoption of this Ordinance and cause
copies of this Ordinance to be posted in three designated posting places.
Onls 91- ~ -4-
PASSED, APPROVED AND ADOPTED, this 23rd day of july, 1991.
ATr/~ST:
[SFAL]
Ronald I. Parks, Mayor
STATE OF CAI JFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMF, CULA )
I, June S. Greek, City Clerk of the City of Temecula, doe hereby certify that the foregoing
0rdinan~e No. 91-26 was duly inmxluced and placed upon its fu'st reading at a regular meeting
of the City Council on the 14th day of lVlay, 1991, and that thureafter, said Ordinance was duly
adopted and 1~ at a xeg. l.r meeling of the City Council on the 23rd day of luly, 1991, by the
following vote, to wit:
4 COUNCILlVIEMBERS: Birdsall, Lindemans, Mu~oz, Parks
NOES:
I COUNCH..lVIEMBERS: Moore
ABSENT: 0 COUNCIMF2viBERS: None
Jtme S. Greek, City Clerk
ITEM #5
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
November 3, 1997
Planning Application No. PA97-0300 (Tentative Tract Map No. 28553)
Prepared By: Patty Anders, Assistant Planner
RECOMMENDATION:
The Planning Department Staff recommends the Planning
Commission:
1. ADOPT the Mitigated Negative Declaration for PA97-0300;
2. ADOPT the Mitigation Monitoring Program for PA97-0300;
APPROVE Resolution No. 97- approving PA97-0300, based upon the Analysis
and Findings contained in the Staff Report; and approve Planning Application No.
PA97~0300, subject to the attached Conditions of Approval.
APPLICATION INFORMATION
APPLICANT:
IMOCAL, INC.
REPRESENTATIVE:
Don Lohr, Lohr + Associates Inc.
PROPOSAL:
A sixty eight (68) lot residential subdivision of a 21.79 acre
parcel.
LOCATION:
East side of Margarita Road, approximately 800' south of the
intersection of No General Kearny and Margarita Roads.
EXISTING ZONING:
Low Medium Density Residential (LM) which allows three (3) to
six (6) dwelling units per net acre with a target density of 4.5
dwelling units per acre.
SURROUNDING ZONING:
North:
South:
East:
West:
Campos Verdes Specific Plan (CVSP)
(Park/Commercial/Office/Church)
H (High Density Residential) and LM (Low-Medium
Density Residential, 3-6 dwelling units per acre)
LM (Low-Medium Density Residential, 3-6 dwelling
units per acre) and OS (Open Space)
Temecula Regional Center Specific Plan (TRCSP)
PROPOSED ZONING:
Not requested
GENERAL PLAN
DESIGNATION:
LM (Low-Medium Density Residential, 3-6 dwelling units
per acre)
EXISTING LAND USE:
Vacant
SURROUNDING LAND USES:
North:
South:
East:
West:
Vacant
Existing Single Family Residential/Future
Site of Solana Apartments
Existing Single Family Residential and
Meadowview Open Space
Vacant/Regional Mall Site
PROJECT STATISTICS
Total Area:
Number of Lots:
Project Density:
Earthwork Amount:
Cut:
Fill:
21.79 acres
68
3.12 dwelling units per acre
180,000 cubic yards
180,000 cubic yards
BACKGROUND
Planning Application No. PA97-0300 (Tentative Tract Map No. 28553) was formally submitted
to the Planning Department on September 2, 1997. A Development Review Committee (DRC)
meeting was held on September 25, 1997. Planning Application No. PA97-0300 was deemed
complete on October 6, 1997.
PROJECT DESCRIPTION
The project is a request to subdivide 21.79 acres into 68 single family residential lots. The
subject property is zoned LM (Low Medium Density Residential) which allows 3-6 dwelling units
per acre. As proposed, the tentative tract map is averaging 3.12 units/acre.
Site Design & Access
Lot sizes were designed to comply with a minimum net lot area of 7,200 square feet and a
minimum buildable area of 5,500 square feet. The net lot area is the area of a site exclusive
of any dedications for public rights-of-way, public parks and public school sites. The buildable
area is typically the area of a site that is usable or developable.
The subject site has significant slopes along the perimeter of the property and on several
internal lots. The slopes were excluded from the gross lot area to arrive at the approximate
buildable lot area. The smallest buildable area is 5,817 square feet, and the largest buildable
area is 22,625 square feet. The majority of the lots (26) have a buildable area of over 7,000
square feet, which excludes the slope area. The smallest net lot area is 7,260 square feet and
the largest net lot area is 29,900 square feet.
R:',~TA~00pA97.PC 10/29/97 klb 2
The proposed subdivision takes access from Margarita Road, but will also have through access
to the adjoining tract with the extension of Windwood Circle. The project is designed with
three cul-de-sacs. Staff had concerns about lots 1 and 68 due to their proximity to Margarita
Road which could impede safe ingress and egress to these lots and the development. The
applicant revised lot 68 so that access will be taken off of the cul-de-sac, and lot 1 was revised
so that the driveway will be away from the intersection of Margarita Road and 'A" Street.
As designed, some of the lots have several side or rear yard neighbors (i.e. lots 12-14 and 35-
41). This could result in several different fence types along a single property line. Therefore,
to ensure continuity in fencing, the project will be conditioned to have common fencing
throughout the development for parcels that have more one than property line adjacent to a
single property line.
Staff is requiring a Homeowners' Association (HOA) to be formed to ensure proper
maintenance of all slopes visible from the street and the substantial slopes along the northern
property line. The HOA will also be responsible for maintaining all downward sloping rear and
side yards that are not visible from the residences. In staff's experience, these areas are often
not consistently maintained when they are not visible to the individual home owners.
Access to the slopes for maintenance will be provided through a series of easements which will
be shown on the Final Map.
Area Comoatibility
The proposed subdivision is zoned LM (Low-Medium Density Residential) which allows 3-6
dwelling units per acre. South of the subject site is H (High Density) zoned property which is
the approved Solana Apartment project that is currently being graded. Along the southeast
portion of the site is a existing single family residential development which is also zoned LM.
Directly east is another existing single family residential units of similar densities and the
Meadowview open space area. The Campos Verdes Specific Plan (CVSP) Planning Areas 1 and
2 are to the north of the subject site (see Exhibit E attached herein). These Planning Areas are
currently vacant; however, the CVSP states Planning Area 1 will be a 10.8 acre park, and
Planning Area 2 will be a detention basin and commercial, office and church uses. The
Temecula Regional Center Specific Plan (TRCSP) and the Regional Mall is located to the west
of the site on Margarita Road and is currently being graded. The area in the TRCSP closest to
the subject site is zoned for a mixture of commercial/office/institutional and residential uses.
The Temecula Regional Center to the west requires a 32' wide landscape area along Margarita
Road to provide buffering for the nearby residential uses. The Campos Verdes Specific Plan
also requires a landscaped buffer that is approximately 40' wide between Planning Areas 1 and
2 and the subject site. This landscape buffer area not only provides a buffer between the two
developments, but it serves as a transitional area from residential to open space/commercial
land uses.
The approved Solana Apartment development is a High Density project (16.7 du/acre); however
there is a setback that ranges from 17' to 80' to the south property line which is the rear yards
on the individual lots. The rear yards have slopes which will also serve as a setback area and
buffering to the proposed Low-Medium Density Residential subdivision.
R:~STAPFRPTX300pA97.pC 10/29/97
Imorovements on Margarita Way
The Public Works Department has conditioned the project to include meandering sidewalks
along Margarita Road to tie into the approved apartment complex to the south and the Campos
Verde Specific Plan to the north.
ZONING AND GENERAL PLAN CONSISTENCY
The project is consistent with the LM (Low-Medium Density Residential) zoning and General
Ran Land Use designation which allows 3-6 dwelling units per acre. At an overall density of
3.12 dwelling units per acre, the project is consistent with the permitted density range.
ENVIRONMENTAL COMPLIANCE
An Initial Study has been prepared for this project. The Initial Study determined that although
the proposed project could have a significant effect on the environment, these effects are not
considered to be significant due to mitigation measures contained in the project design and in
the Conditions of Approval for the project. Any potentially significant impacts will be mitigated
to a level of insignificance.
SUMMARY/CONCLUSIONS
The project has been reviewed for conformance with the City's General Plan, Development
Code, Subdivision and Landscaping Ordinances. The project is consistent with these
documents and conditions of approval have been placed on the project accordingly to assure
that the development conforms to City Standards.
FINDINGS
The proposed land division and the design or improvement of the project is consistent
with the City's General Plan and Development Code classification, and the site is
physically suitable for the type and density of development. The zoning and General
Plan Land Use designation for the site is Low-Medium Residential (3-6 dwelling units per
acre). The project proposes sixty-eight (68) residential parcels on 21.79 acres for a
density of 3.12 units per acre. Therefore, the proposed subdivision is consistent with
the zoning and General Plan Land Use designation for the site, and is below the target
density.
The design of the proposed land division or proposed improvements are not likely to
cause significant environmental damage or substantially and unavoidably injure fish or
wildlife or their habitat. There is no fish, wildlife or other habitat on the project site, and
the project will not affect any fish, wildlife or other habitat off-site.
The design of the proposed land division or the type of improvements are not likely to
cause serious public health problems. The project has been reviewed for conformance
with the City's General Plan, Development Code, Subdivision and Landscaping
Ordinances. The project is consistent with these documents and conditions of approval
have been placed on the project accordingly to assure that the development conforms
to City Standards.
The design of the proposed land division or the type of improvements will not conflict
with easements, acquired by the public at large, for access through, or use of, property
within the proposed land division. The project will take access from Margarita Road,
and will not obstruct any easements.
Planning Application No, PA97-0300 as proposed, conforms to the logical development
of the proposed site, and is compatible with the health, safety and welfare of the
community.
Attachments:
PC Resolution - Blue Page 6
A. Conditions of Approval - Blue Page 10
Exhibits - Blue Page 22
B.
C.
D.
E.
F.
Vicinity Map
Zoning Map
General Plan Map
Tentative Tract Map
Campos Verdes Specific Plan Planning Areas 1 and 2 Land Use Map
Temecula Regional Center Planning Area 1 Land Use Map
ATTACHMENT NO. 1
PC RESOLUTION NO. 97-
ATFACHi~ENT NO. 1
PC RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA97-0300 TO SUBDIVIDE A 21.79
ACRE PARCEL INTO SIXTY-EIGHT (68) SINGLE FAMILY
RESIDENTIAL PARCELS LOCATED EAST OF
MARGARITA ROAD, APPROXIMATELY 800' SOUTH OF
THE INTERSECTION OF N. GENERAL KEARNY AND
MARGARITA ROADS, AND KNOWN AS ASSESSOR~S
PARCEL NOS. 921-090-038
WIWREAS, Imocal Inc. filed Planning Application No. PA97-0300 in accordance with
the City of Temecula General Plan, Development Code, and Subdivision Ordinances;
W]-W~REAS, Planning Application No. PA97-0300 was processed in the time and manner
prescribed by State and local law;
WItFREAS, the Planning Commission considered Planning Application No. PA97-0300
on November 3, 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. PA97-0300;
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. Eia~iag~ That the Temecula Planning Commission hereby makes the
following findings, to wit:
1. The proposed land division and the design or improvement of the project
is consistent with the City's zoning and General Plan Land Use Designation and is physically
suitable for the type and density of development. The zoning and General Plan Land Use
designation for the site is Low-Medium Residential (3-6 dwelling units per acre). The project
proposes sixty-eight (68) single family residential parcels on 21.79 acres for a density of 3.12
dwelling units per acre. Therefore, the proposed subdivision is consistent with the zoning and
General Plan Land Use designation for the site and is below the target density for this zoning
classification.
R:XSTAFFRPT~00pA~7.PC 10/2919'7 klb 7
2. The de. sign of the proposed land division or proposed improvements are not
likely to cause significant environmental damage or substantially and unavoidably injure fish or
wildlife or their habitat. There is no fish, wildlife or other habitat on the project site, and the
project will not affect any fish, wildlife or other habitat off-site.
3. The design of the proposed land division or the type of improvements are
not likely to cause serious public health problems. The project has been reviewed for
conformante with the City's General Plan, Development Cede, Subdivision and Landscaping
Ordinances. The project is consistent with these documents and has conditions of approval have
been placed on the project accordingly to assure that the development will occur 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 pwject will take access from Margarita Road,
and will not obstruct any easements.
5. Planning Application No. PA97-0300 as proposed, conforms to the logical
development of its proposed site, and is compatible with the health, safety and welfare of the
community.
Section 3. Environmental Compliance. An Initial Study has been prepared for this
project. The Initial Study determined that although the proposed project could have a significant
effect on the environment, these effects are not considered to be significant due to mitigation
measures contained in the project design and in the Conditions of Approval for the project. Any
potentially significant impacts will be mitigated to a level of insignificance.
Section 4. Conditions. That the City of Temecula Planning Commission hereby
approves Planning Application No. PA97-0300 to subdivide a 21.79 acre parcel into sixty-eight
(68) single family residential parcels located on the east of Margarita Road, approximately 800'
south of the intersection of N. General Kearny and Margarita Roads, and known as Assessor' s
Parcel No. 921-090-038, subject to conditions listed in Exhibit A, attached hereto, and
incorporated herein by this reference and made a part hereof.
Section 6. PASSED, APPROVED AND ADOPTED this 3rd day of November, 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 3rd day of
November, 1997 by the following vote of the Commission:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
R:~TAFFRFIX300PA97.PC 10F29/971db 9
EXHIBIT A
CONDITIONS OF APPROVAL
R:\STAFFRPTX300PA97.PC 10/29/97 lt~ 10
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA97-0300 (Tentative Tract Map No. 28553)
Project Description:
Assessor's Parcel No.:
Approval Date:
Expiration Date:
A residential subdivision of an 21.79 acre parcel into 68
lots
921-090-038
November 3, 1997
November 3, 1999
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. PA97-0300 (Tentative Tract Map No. 28553) which action is brought within the
appropriate statute of limitations period and Public Resources Code, Division 13, Chapter
4 (Section 21000 et see., including but not by the way of limitations Section 21152 and
21167). City shall promptly notify the developer/applicant of any claim, action, or
proceeding brought within this time period. City shall further cooperate fully in the
defense of the action. Should the City fail to either promptly notify or cooperate fully,
developer/applicant shall not, thereafter be responsible to indemnify, defend, protect,
or hold harmless the City, any agency or instrumentality thereof, or any of its officers,
employees, or agents.
If subdivision phasing is proposed, the applicant shall submit a phasing plan to the
Planning Manager for approval.
The developer shall form a Homeowners' Association to maintain all slopes that are
visible from Margarita Road, N. General Kearny Road and Solana Way, and all downward
slopes that are not easily visible to property owners.
The developer shall provide easements on the Final Map that will allow access to the
slope areas for maintenance by the Homeowners' Association.
6. The developer shall provide common fencing for all parcels that have more than one
property line adjoining a single property line.
Prior to Issuance of Grading Permits
7. The applicant shall submit a copy of the Rough Grading plans to the Planning Director
for approval.
8. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula
Municipal Code.
9. The applicant shall submit conceptual landscape plans for all common areas that will be
maintained by the Home Owner's Association 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 type of materials for all interior fences, common fences,
and tract boundary fences including the wall along Margarita Road.
Prior to Recordation of the Final Map
10. The applicant shall submit the following to the Planning Director for approval:
a. A copy of the Final Map
b. A copy of the Rough Grading Plans
c. A copy of the Environmental Constraint Sheet (ECS) with the following notes:
i. 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.
ii. A note shall be added to the ECS stating "drainage easements shall be
kept free of buildings and obstructions."
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:~TAFFRP'I~00PA97.PC 10/'29/97 klb 12
Prior to Issuance of Building Permits
11. The applicant shall submit a receipt or clearance letter from the Temecula Valley School
District to the Planning Department to ensure the payment or exemption from School
Mitigation fees.
12. The applicant shall submit the following to the Planning Director for approval:
a. Construction landscape plans consistent with the City standards and the
approved Conceptual Landscape Plans including automatic irrigation for all
common landscaped areas and complete screening of all ground mounted
equipment from the view of the public from streets and adjacent property for:
i. Wall and fence plans consistent with the Conceptual Landscape Plans.
ii. 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.
13. 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
14. 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
15.
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.
16.
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.
17.
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.
18.
All improvement plans, grading plans, landscape and irrigation plans shall be coordinated
for consistency with adjacent projects and existing improvements contiguous to the site
and shall be submitted on standard 24" x 36" City of Temecula mylars.
Prior to Approval of the Final Map, unless other timing is indicated, the Developer shall
complete the following or have plans submitted and approved, subdivision improvement
agreements executed and securities posted:
19.
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
Riverside County Health Department
Cable TV Franchise
Community Services District
General Telephone
Southern California Edison Company
Southern California Gas Company
20.
Dedicate 11 feet of right-of-way on Margarita Road along property frontage in
substantial conformance with the approved tentative map.
21. The vehicular movement for "A" Street shall be restricted to left in/right in/right out.
22.
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:
R:~STAFFRFI~00PA97.PC 10/29/9'7 klb 14
23.
24.
25.
26.
Improve Margarita Road (Arterial Highway Standards - 110' R/W) along property
frontage to include dedication of half-width street right-of-way, installation of
half-width street improvements, paving, curb and gutter, sidewalk, street lights,
drainage facilities, signing and striping, utilities (including but not limited to
water and sewer), a 14 foot wide raised landscaped median.
All street improvement design shall provide adequate right-of-way and pavement
transitions per Caltrans standards for transition to existing street sections.
Unless otherwise approved the following minimum criteria shall be observed in the
design of the street improvement plans:
Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00%
minimum over A.C. paving.
Driveways shall conform to the applicable City Standard Nos. 207, 207A and/or
208.
Street lights shall be installed along the public streets shall be designed in
accordance with Ordinance No. 461.
Concrete sidewalks shall be constructed in accordance with City Standard Nos.
400 and 401.
Design of street improvements shall extend a minimum of 300 feet beyond the
project boundaries to ensure adequate continuity of design with adjoining
properties.
f. All street and driveway centerline intersections shall be at 90 degrees.
Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
All utility systems including gas, electric, telephone, water, sewer, and cable Tv
shall be provided underground. Easements shall be provided as required where
adequate right-of-way does not exist for installation of the facilities. All utilities
shall be designed and constructed in accordance with City Codes and the utility
provider.
A construction area Traffic Control Plan shall be designed by a registered Civil Engineer
and reviewed by the Department of Public Works for any street closure and detour or
other disruption to traffic circulation as required by the Department of Public Works.
Relinquish and waive right of access to and from Margarita Road on the Final Map with
the exception of one opening as delineated on the approved Tentative Tract Map.
The Developer shall install or provide a cash deposit for half width raised landscape
median on Margarita Road (Arterial Highway Standards - 110' R/W) along property
frontage. Plans shall be reviewed and approved by the Department of Public Works.
R:\STAFFRPT~0OpAg?.I~C lO/29,'97kib 15
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
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.
Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part
of an existing Assessment District must comply with the requirements of said section.
Prior to City Council approval of the final map, the Developer shall make an application
for reapportionment of any assessments with appropriate regulatory agency.
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.
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.
The Developer shall make a good faith effort to acquire the required off-site property
interests, and if he or she should fail to do so, the Developer shall, prior to submittal of
the Final Map for recordation, enter into an agreement to complete the improvements
pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such
agreement shall provide for payment by the Developer of all costs incurred by the City
to acquire the off-site property interests required in connection with the subdivision.
Security of a portion of these costs shall be in the form of a cash deposit in the amount
given in an appraisal report obtained by the Developer, at the Developer's cost. The
appraiser shall have been approved by the City prior to commencement of the appraisal.
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.
Easements for sidewalks for public uses shall be dedicated to the City where sidewalks
meander through private property.
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
R:\STAFF~00pA97.PC 10/'29/97 klb 16
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
39.
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
Caltrans
Community Services District
General Telephone
Southern California Edison Company
Southern California Gas Company
40.
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.
41.
A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to
the Department of Public Works with the initial grading plan check. The report shall
address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and preliminary pavement sections.
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.
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45.
A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's
check or money order, prior to issuance of permits, based on the prevailing area
drainage plan fee. 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. Final Map shall be approved and recorded.
49.
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, an~ 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, Chapter 15.06 of the Temecula Municipal Code
and all Resolutions implementing Chapter 15.06.
Prior to Issuance of Certificate 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.
R:',STAFFRIvfX300PA97.PC 10/29/97 Idb 16
COMMUNITY SERVICES DEPARTMENT
General Requirements:
56.
A Class II bike lane on Margarita Road shall be completed in concurrence with the
roadway improvements.
57.
All slopes, parkway landscaping and open space areas shall be maintained by an
established Homeowners' Association.
Prior to Recordation of Final Map:
58.
The park land dedication requirement (Quimby) for this subdivision shall be satisfied
through the payment of in-lieu fees equal to .88 acres of park land. The fee shall be
calculated by multiplying the required amount of park land by the City's then current
appraised land valuation as established by the City Manager.
59.
The subdivider shall file an application with the TCSD to initiate proceedings for the
dedication and acceptance of arterial and residential street lighting into the respective
TCSD maintenance programs.
60.
If the subdivider is required to construct the landscaped median on Margarita Road,
landscape plans shall be reviewed and approved by the Director of Community Services.
In addition, the subdivider shall post security and enter into an agreement to install said
landscape improvements.
Prior to Issuance of Certificate of Occupancy
61.
Prior to the issuance of the first certificate of occupancy, the applicant or his assignee
shall submit the most current list of Assessor's Parcel Numbers assigned to the final
project.
62.
The developer will be required to provide written disclosure of the existence of the
TCSD and its service level rates and charges to all prospective purchasers.
FIRE DEPARTMENT
63.
In reference to the conditions of approval for this land division, the Fire Prevention
Bureau requires the following fire protection measures to be provided in accordance with
the Uniform Fire Code and the City of Temecula Ordinances.
64.
The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all residential buildings per UFC Appendix Ill.A, Table A-III-A-I. The
minimum fire flow for one and two family dwellings less than 3,600 square feet shall
be 1000 G.P.M. for a 2 hour duration at 20 PSI residual operating pressure. Dwellings
in excess of 3,600 square feet shall not be less than that specified in Table A-Ill-A-1 of
the UFC. (UFC 903.2, UFC Appendix Ill-A)
65.
Approved standard fire hydrants (6" x 4" x 2 ',~" outlets) shall be located at each street
intersection and be spaced not more than 500 feet apart, with no portion of any lot
frontage further than 250 feet from a fire hydrant. (UFC 903.2, 903.4.2 and Appendix
Ill-B).
66.
Prior to construction, dead end road ways and streets which have not been completed
shall have a turnaround capable of accommodating fire apparatus. (UFC 902.2.2.4)
67.
(BP) Prior to issuance of building permits, the developer shall furnish one copy of the
water system plans to the Fire Prevention Bureau for review. Plans shall be: signed by
a registered civil engineer; contain a Fire Prevention Bureau approval signature block;
and conform to hydrant type, location, spacing and minimum fire flow standards. After
the plans are signed by the local water company, the originals shall be presented to the
Fire Prevention Bureau for signatures. 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 an individual lot. (UFC 8704.3, 901.2.2.2 and
National Fire Protection Association 24 sec. 1-4.1)
68.
(CO) Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective
Markers" shall be installed to identify fire hydrant locations in accordance with City
specifications. (UFC 901.4.3)
69.
(CO) Prior to issuance of a Certificate of Occupancy or building final, all residential
dwellings shall display street numbers in a prominent location on the street side of the
residence in such a position that the numbers are easily visible to approaching
emergency vehicles. The numbers shall be located consistently on each dwelling
throughout the development. The numerals shall be no less than four (4) inches in
height and shall be contrasting color to the background. (UFC 901.4.4 and Ord 95-15)
OTHER AGENCIES
70.
The applicant shall comply with the Environmental Health recommendations outlined in
the Riverside County Health Department's transmittal dated September 17, 1997, a
copy of which is attached.
71.
The applicant shall comply with the recommendations outlined in the Rancho California
Water District transmittal dated September 15, 1997, a copy of which is attached.
72.
The applicant shall comply with the recommendations outlined in the Eastern
Information Center Department of Anthropology's transmittal dated September 18,
1997, a copy of which is attached.
73.
The applicant shall comply with the recommendations outlined in the Eastern Municipal
Water District transmittal dated September 12, 1997, a copy of which is attached.
74.
The applicant shall comply with the recommendations outlined in the Riverside County
Flood Control and Water Conservation District's transmittal dated September 29, 1997,
a copy of which is attached.
R:~STAFFP, PT~00PA9'7.PC 10/29/9'/klb 20
have read, understand and accept the above Conditions of Approval.
Applicant Name
R:\STAFFRFI'G00PA97.PC 10/29/97klb 21
TO:
FROM:
County of Riverside
DEPARTMENT OF ENVIRONMENTAL HEALTH
DATE: September 17, 1997
CITY OF TEMECULA PLANNING DEPARTMENT
ATTN: Patty Anders, Assistant Planner ~
C~E~N~CE/7~R~2I N E .
SO , nvironmental Health Specialist i~' '.
TENTATIVE TRACT MAP NO. 28553 - PA97-0300
Department of Environmental Health has received and reviewed the Tentative Tract Map
No. 28553 - PA97-0300 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.
CH:dr
(909) 275-8980
Wa r
September 15, 1997
Ms. Patty Anders, Assistant Planner
City of Temecula
Planning Department
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
SUBJECT:
WATER AVAILABILITY
PARCEL MAP 28553, APN 92'1-090-038
PLANNING APPLICATION NO. PA97-0300
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.
Sincere!y,
RANCHO CALIFORNIA WATER DISTRICT
./~"c-c-c_- ;~'~ -"~--'~,-,--~-,-~.--
Steve Brannon, P.E.
Development Engineering Manager
97/SB:eb176/F012/FCF
c: Laurie Williams, Engineering Services Supervisor
CALIFORNIA
HISTORICAL
RESOURCES
INFORMATION
SYSTEM
Eastern Information Center
Department of Anthropology
University of California
Riverside, CA 92521-0~ ~
Phone (909) 787-5,
Fax (909) 787-5409
September 18, 1997
Patty Anders
City of Temecula
Planning Department
P. O. Box 9033
Temecula, CA 92589-9033
Case No.:
Applicant:
PA97-0300
IMOCAL INC./Don Lohr
Dear Ms Anders:
Please f'md enclosed our comments for one project transmittal as requested by the Planning
Department. If you have any questions, please contact the Eastern Information Center at
(909) 787-5745 (please specify the case number and the date on which we submitted our
comments).
PA97-0300 ................................... September 22, 1997
Sincerely,
Jennifer Bybee
Information Officer
Enclosure
CALIFORNIA
HISTORICAL
RESOURCES
INFORMATION
SYSTEM
RIVERSIDE
Eastern Information Center
Department of Anthropology
University of California
Riverside, CA 9252143418
Phone (909) 787-5745
Fax (909) 787-5409
CUL RESOURCE REVIEW
RE: Case Transmittal Reference Designation:
Records at the Eastern Information Center of the California Historical Resources information System have
been reviewed to determine if this project would adversely affect prehistoric or historic cultural resources:
The proposed project am has not been surveyed for cultural resourec~ and contains or is adjacent to known cultural
rosourcc(s). A Ptuuc I study is recommended.
Based upon eating data the proposed project area has the potential for containing cultural resources. A Phase I study
is recommended.
A Phuc I cultural resource study (MF #
) identified one or moro cultural re. sourocs.
The project area contains, or Ms the pouibillty of containing, cultural reaouroca. Hownvcr, duc to the nature of the
project or prior data recovery studiu, an adverse effect on cultural rcaource~ is not anticipated. Further study is not
recommended.
A Phase I cultural resource study (MF #
) identified no cultural reaourec-s. Furlher study is not recommended.
There is a low probability of cultural resources. Further study is not recommended.
[ f, during construction, cultural resources are encountered. work should be halted or diverted in the immediate area while
a qualified archaeologist cvaluate~ the fads and makes recommendations.
Due to the arehaecloglcal sensitivity of the are. t, earthmoving during construction should bc monitored by a professSorrel
;, chacoiogiaL
The submission of a cultural resource management report is recommended following guidelines for Arehaeclogictl
Resource Management Report3 prepared by the California Office of Historic Preservation, Preservation Planning Bulletin
4(a). December 1989,
Phase I
Phase II
Phase II1
Phase IV
Records search and field survey
Testing [Evaluate resource significance; propose mitigation measures for "significant' sitas. I
Mitigation [Data recovery by excavation. pmcrvatinn in place. or a combination of the two.]
Monitor earthmoving activitin
COMMENTS: AX~-Wob~ +Lt_ ~,~(3, c ~-,,] ha~ ~ec~ pc~w~,~x ty ~qeVe&~ ~h~
~qe~t ~ .c~e& 1~ ~.~ a~ ~a ~s ~ty n~i~ ~ c~qer
it' you have any quitions, pl~ contact us. ~fc~eO~;C~ Ce%~rceS ~ ~c ~cL~y,
Eastern Intbrmation Center
r.,c. Fs~vt~,sMn
E stern ]V[unicipal
at er District
September 12, 1997
Patty Anders
City of Temecula
Planning Department
43200 Business Park Drive
Temecula, California 92590
SUILIECT: Tentative Tract No. 28553 (PA97-0300)
Dear Mrs. Anders:
We have reviewed the materials transmitted by your office describing a proposal to subdivide 21.79
acres of vacant land into sixty eight (68) single family residential parcels. The subject project is
indicated to be located east side of Margarita Road, approximately 800-feet south of the intersection
of N. General Cairn and Margarita Roads.
Please be advised the proposed project is located within Eastern Municipal Water District for sewer
service. The provisions of service are contingent upon the timing of the subject project and status
of the District's permit to operate. The developer must contact the District's Customer Service
Depa~ment ~--- plaa of service, plan check, 'o-n'~''f ~'n c"eo ~na ~c"':'~tnent fO¢ service.
Should you have any questions, please contact me at (909) 766-1810, extension 4467.
Sincerely,
Civil Engineer
Custonqer Service Department
WAB/
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 Jacinto Customer Service / Engineering Annex: 440 E. Oakland Avenue, Hemet, CA
Operations & Maintenance Center: 2270 Trumble Road, Perris, CA 92571 Telephone (909) 928-3777 Fax (909) 928-6177
DAVID P. ZAPPE
Gcacral Manager-Chief Englnccr
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
City of Temecula
Plannin Department
43200 ~usiness Park Drive
Temecula, California 92590
Attention:~TT~ t4~r'~)
Ladies and Gentlemen:
1995 MARKET STREET
RIVERSIDE, CA 92501
909/275-1200
909r/88-9965 FAX
7829.1
.e:
The District does not normally recommend conditions for land divisions or other land use cases in incomomted cities.
The District also does not plan d'e:k City land use cases, or provide 8tare Division of Real Estate letleas or other flood
hazard reports for such cases. Dlsffict comments/reonmmendations forsuch cases are no .m~. limited to Items of
s_pecffic interest to the District indudi_ng District Master Dral Plan facilities. other ion~l flood control and
j~ean~geminage Plan fees (development mitigatio~t tees). In addton, infom~ion of a general nature is provided.
and safety or any other ~ewe~~
~_//' Thisprojectw~u~dnotbeimpac~edby~is~ctMastorDminageP~anfad~~desnorare~therfadlities~fregiona~
interest proposed.
This project involves District Master Plan facilities. The District will acce ownership of such facilities on
n .est of the FacarUe, must be constructed to Olst t , r ar s and Olst chec and
inspection will be required for District acoeptance. Plan check, inspection and administrative fees will be
required.
This project propDeem channels, storm drains 36 inches or larger in diameter, or other facilities that could be
' considered regional in nature and/or a iced extension of the adopted
GENERAL INFORMATION
has determined that the project has been grennP~ a permit or s shown to be exempt.
[f thie pro'ect involves a Federal Emergen.cy Management Agency (FEMA mappgd flood plain, then the City shoutd
require ~e applicant to revide all studms calculations, plans and o~er ~nformation L~quired to meet FEMA
requirements and shouh:l ~rther require ~rmt the applicant obtain a Conditional Letier 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.
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 reement from the Cna~mia Department of Fish and Game and a Clean P~er Act
Section 404 Permit from the UA.~. Amly Corp~ of ineers or written cunespendenca from these agencies indicating
the project is exempt'from these requirements. A~lean Water Act Sealion 401 Water Qual~ Ceffification may b~
' required from the local California Regional Water Quality Control Board pdor to issuance of ~e Corps 404 permit.
Very truly yours,
STUART E. MCKIBBIN
Senior Civil Engineer
ATTACHMENT NO. 2
EXHIBITS
R:~STAFFRFI~]0PA~7.PC lO/29/9/klb 22
CITY OF TEMECULA
PROPERTY
VICINITY MAP
NOT TO SCALE
CASE NO. - PA97-0300 (TENTATIVE TRACT MAP N0. 28553)
EXHIBIT - A
PLANNING COMMISSION DATE - NOVEMBER 3, 1997
VICINITY MAP
CITY OF TEMECULA
EXHIBIT B - ZONING MAP
DESIGNATION - LOW MEDIUM DENSITY RESIDENTIAL (LM)
EXHIBIT C - GENERAL PLAN
DESIGNATION - LOW MEDIUM DENSITY RESIDENTIAL (LM)
CASE NO. - PA97-0300 (TENTATIVE TRACT MAP NO. 28553)
PLANNING COMMISSION DATE - NOVEMBER 3, 1997
EXHIBIT D
't
CITY OF TEMECULA
L, AnD~_E S_U__Mr, j_A
BA. 8
LAND USE PLAN
Campos Verdes g-
CASE NO. 97-300 (TENTATIVE TRACT MAP 28553)
EXHIBIT - E CAMPOS VERDES SPECIFIC PLAN LAND USE M:
PLANNING COMMISSION DATE - NOVEMBER 3, 1997
CITY OF TEMECULA
SPECIFIC LAND
USE PLAN
71.97AC.
97.80 AC.
5.49 AC.
175.26 AC.
26.04 AC.
201.3 AC.
CASE NO. - PA97-0300 (TENTATIVE TRACT MAP 28553)
~HIBIT- F TEMECULA REGIONAL CENTER SPECIFIC PLAN
,--LANNING COMMISSION DATE - NOVEMBER 3, 1997