HomeMy WebLinkAbout051999 PC Agendain compilance with the Arnericans with Disabilbles Act, If you need special assistance to pafficlpato in this meeting, please co ntact the
office of the Community Development Department at (90~ ~4.~. Ik4ffica6on 48 hours prior to a meeting will enable the City to make
reasonable arrangements to ensue accessibility to that meeUng [2~ CFR 35.102.35.104 ADA TitJe Iq
TEMECULA PLANNING COMMISSION
May 19, f999, 6:00 PM
43200 Business Park Drive
Council Chambers
Temecula, CA 92390
Reso NextIn Order#98-012
CALL TO ORDER:
FLAG SALUTE:
ROLL CALL:
C~airperson Guerriero
Fahey, Guerriere, Naggar, Soltysiak and Webster
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public can address the commissioners on items that are not listed on
the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commissioners about an item
not listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Commission Secretary.
When you are called to speak, please come forward and state yourname and address.
For all other agenda items a "Request to Speak" form must be filed With the Planning Secretary before Commission gets
to that item. There is a three (3) minute time limit for individual speakers.
COMMISSION BUSINESS
2.
3.
4.
5.
Approval of Agenda
Approval of Minutes from April 7, 1999
PA98-0370 Promenade in Temecula Regional Mall Pylon Sign
PA98-0369 Mall Corner Monument Sign at Winchester/Ynez Roads
Director's Hearing Case Update
PUBLIC HEARING ITEMS
Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Planner:
Recommendation:
Planning Application No. PA99-O104 (Specific Plan
Amendment)
Edwards Theater Circuit, Inc.
Easternmost entrance from Winchester Road to the Temecula
Promenade Mall
To amend Specific Plan No. 263 (Temecula Regional Center) allowing
the theater to erect a freestanding marquee sign 26 feet in height
Exempt
Carole K. Donahoe, AICP, Associate Planner
Approval
R:\WIMBERVG\PLANCOMM\AGENDAS\I999~-lg-99.do~
Case Nos: Planning Application No. PA97-O~.~.~. (Tentative Parcel Map No.
28000) and
Planning Application No. PA97-0446 (Change of Zone)
Applicant: Chang G. Lee
Location: Southeast comer of Estero Street and Ormsby Road
Proposah To subdivide 1.07 net acres into two residential lots, and to change
the zoning of the property from Low Density Residential L1 (1 acre to
2.5 acres lot size) to Low Density Residential L2 (1/2 acre to 1 acre
lot size)
Environmental Action: Mitigated Negative Declaration
Planner:. Carole K. Donahoe, AICP, Associate Planner
Recommendation: Approval
Case No: Planning Application No. 99-160
Applicant: City of Temecula
Location: Old Town Specific Plan Area
Proposal: Amend Specific Plan to modify parking standards
Environmental Action: Exempt from CEQA
Planner: David Hogan, Senior Planner
Recommendation: Recommend the City Council approve Specific Plan Amendment 99-
160
Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Planner:
Recommendation:
NIA
City of Temecula
Citywide
An ordinance to regulate the subdivision of land within the City of
Temecula
Negative Declaration
Stephen Brown
Approve a Resolution recommending that the City Council adopt the
Negative Declaration and approve the ordinance
PLANNING MANAGERS REPORT
COMMISSIONER REPORTS
ADJOURNMENT
Next regular meeting:
June 2, 1999, 6:00 PM, City Council Chambers, 43200 Business Park Drive,
Temecula, Californis
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2
ITEM #2
CALL TO ORDER
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
APRIL 7, 1999
The City of Temecula Planning Commission convened in a regular meeting at 6:02 P.M. ,
on Wednesday April 7, 1999, in the City Council Chambers of Temecula City Hall, 43200
Business Park Drive, Temecula, California.
ALLEGIANCE
The audience was led in the Flag salute by Commissioner Fahey.
ROLL CALL
Present:
Absent:
Also Present:
Commissioners Fahey, *Soltysiak, Webster, and Chairman
Guerriero.
Commissioner Naggar.
Planning Manager Ubnoske,
Deputy Director of Public Works Parks,
Attorney Cudey,
Assistant Planner Anders,
Project Planner De Gange,
Office Technician Comerchero, and
Minute Clerk Hansen.
*(Having to abstain with regard to Agenda Item No. 3, Commissioner Soltysiak
arrived at the meeting at 6:44 P.M.)
PUBLIC COMMENTS
No comments.
COMMISSION BUSINESS
1. Approval of Aqenda
Commissioner Webster recommended changing the order of the Items on the Agenda,
to accommodate Agenda Items, as follows: Agenda Item No. 2 be considered following
Agenda Item No. 3.
MOTION: Commissioner Fahey moved to approve the agenda, as amended. The
motion was seconded by Commissioner Webster and voice vote reflected approval with
the exception of Commissioners Naggar and Soltysiak who were absent.
2. Approval of Minutes-February ~7, 1999 and March 3. 1999
This Agenda Item was considered out of order, following Agenda Item No 3. See page 4.
Presentation of the Website for the City of Temecula
Planning Manager Ubnoske introduced Ms. Pat Comerchero, relaying
that she would give a bdef presentation, regarding the website for the
City of Temecula.
By way of overheads, Ms. Comercher0 presented the City of Temecula's
website; demonstrated the procedure of accessing information (i.e., public hearings, City
Council and Planning Commission Agendas, job opportunities, and e-mailing
opportunities); relayed that the website is updated regularly; for Commissioner Webster,
relayed that the City's Ordinances are. accessible by clicking on request for records,
noting that all of the codified information is located under Municipal Code; advised that at
a future point in time the City will have online permitting; and for Commissioner Fahey,
relayed that staff can be contacted via the website, by accessing the staff members e-
mail address.
For Commissioner Fahey, Planning Manager Ubnoske noted that if the Commissioners
had queries of planning staff, contact via e-mail was an effective way of communicating
with her, advising that if the issue was of a critical nature that they relay that information
to her for further addressing; and noted that to address other planning staff members a
phone call was advised.
Chairman Guerriere thanked Ms. Comerchero for her presentation.
PUBLIC HEARINGS
3. Plannin.q AI3plication No. PA98-0462 (Development Plan)
Request to construct a 108,000 square foot industrial building on a 7.5 acre
site.
RECOMMENDATION
It is recommended by the Planning Department that the Planning
Commission approve the request.
By way of overheads, Project Planner DeGange provided a detailed presentation of the
project (via agenda material); relayed that the applicant has requested a Minor
Exception for a reduction in the required parking, proposing to provide 216 spaces
instead the required 224 spaces, advising that the decrease falls within the amount of
deviation permitted by the Development Code; for Commissioner Fahey, provided
additional clarification regarding the project's proximity to the storm drain; relayed that
the projecrs landscape plan had been reviewed by the City's Landscape Architect,
noting that his recommendation had been addressed; and presented the color board to
the Commission for additional clarification.
Mr. Harold Wdliams, representing the applicant, relayed a brief history of the company,
noting its growth; for Commissioner Webster, further specified the location of the
dumpster area, noting that the area would be screened and not visible from the street;
provided additional clarification, with regard to the delivery truck parking and the loading
area; in response to Commissioner Fahey's querying, regarding the landscaping,
relayed further specification, inclusive of the location of the berm created to cover the
drainage pipe.
For Commissioner Fahey, Mr. Vince Didonato, landscape architect for the applicant,
provided additional clarification of the landscape plan, specifying the density and location
of the trees and shrubs.
Deputy Director of Public Wonks Parks advised that due to the location of the drainage
pipe, modifying the size of the trees might not be feasible in the aforementioned area.
Mr. Jon Graves, representing the applicant, presented photographs of a similar-type
building, specifying the painted color application.
Commissioner Webster recommended the addition of a Condition prohibiting the storage
of material outside.
The applicant was agreeable to Commissioner Webster's recommendation.
MOTION: Commissioner Fahey moved to close the public hearing; adopt the Negative
Declaration making a finding of DeMinimus Impact for Planning Application No. PA98-
0462 (Development Plan); adopt the Mitigation Monitoring Program for Planning
Application No. PA98-0462 (Development Plan); grant a Minor Exception in accordance
to Section 17.03.060 of the Development Code for a reduction in the amount of required
parking; and adopt Resolution No. 99-09 approving Planning application No. PA98-0462
(Development Plan) based upon the Analysis and Findings contained in the Staff Report
and subject to the attached Condition of Approval.
RESOLUTION NO. PC 99-009
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.PA98-0462
(DEVELOPMENT PLAN) TO CONSTRUCT AND OPERATE A 132,883
SQUARE FOOT INDUSTRIAL BUILDING, ASSOCIATED PARKING,
LANDSCAPING, HARDSCAPE AND IMPROVEMENTS ON A PARCEL
CONTAINING 7.5 ACRES LOCATED AT 26879 DIAZ ROAD [AT THE
SOUTHWEST CORNER OF DIAZ ROAD AND DENDY PARKWAY
(FORMERLY WINCHESTER ROAD)] AND KNOWN AS A PORTION OF
ASSESSOR'S PARCEL NO 909-037-009
Add
· A Condition prohibiting the outside storage of materials
The motion was seconded by Commissioner Webster and voice vote reflected approval
with the exception Commissioner Naggar who was absent, and Commissioner Soltysiak
who abstained.
3
2. Approval of Minutes-February 17, 1999 and March 3, 1999
It was noted that Commissioner Soltysiak arrived at the meeting at 6:44 P.M.
MOTION: Commissioner Webster moved to approve the minutes of February 17, 1999.
The motion was seconded by Chairman Guerdero and voice vote reflected approval with
the exception of Commissioner Naggar who was absent and Commissioners Soltysiak
and Fahey who abstained.
MOTION: Commissioner Webster moved to approve the minutes of March 3, 1999.
The motion was seconded by Commissioner Soltysiak and voice vote reflected approval
with the exception of Commissioner Naggar who was absent and Commissioner Fahey
who abstained.
3. Plannine Application No. PA98-0462 (Development Plan)
This Agenda Item was heard out of order, see page 2.
Request to design, construct, and operate a 129,462 square foot home
improvement store with a 32,981 square. foot garden shop, and associated
parking and landscaping on a parcel containing approximately 17.52 acres.
RECOMMENDATION
It is recommended by the Planning Department that the Planning
Commission approve the request.
Assistant Planner Anders presented the staff report (of record), highlighting site design,
elevations, site access, architecture, specifying the building's articulation, and
landscape, noting that the project far exceeds the landscaping requirements; for
Commissioner Fahey, further clarified access and circulation, specifically, regarding the
rear entrance as it connects to Campos Verdes Lane; for Chairman Guerdero, presented
a line-of-sight drawing, specifying the line of sight from the street to the roof area,
relayed the process of approval for the project's signage; and in response to
Commissioner Soltysiak's querying, regarding a signalized intersection at Campos
Verdes Lane, referenced the revised Condition of Approval No. 8 (per supplemental
agenda material), specifying this project's design and installation of 50% of the traffic
signal.
Deputy Director of Public Works Parks further clarified that this particular developer
would be responsible for half of the aforementioned signal, relaying that the Woodside
Homes' developer would be responsible for the other half.
Mr. Don Winn, representing the applicant, commended staff for their diligent efforts
associated with the project. relaying that the City of Temecula's planning staff was
superlative in comparison to working with staffs from 26 alternate states; and requested
that the language of the revised Condition No. 8 (per supplemental agenda material),
regarding installation of the median off of Margadta Road, be modified to reflect a
specific safety standard that could warrant median closure.
In response to Mr. Winn's comments, Attorney Curley advised that language could be
added stating generally accepted traffic engineering standards determine that it is
unsafe, providing assurance to the applicant that the median would not be arbitrarily
deemed unsafe and closed.
Deputy Director of Public Works Parks relayed that the Department of Public Works
would be agreeable to the aforementioned language being added to Condition No. 8.
Ms. Linda Moreland, rapresenting the applicant, expressed concurrence with Mr. Winn's
comments commending staff; for Commissioner Webster, relayed the light standards for
the project; with regard to the enhanced paving, provided location specification; relayed
additional clarification, regarding the split-face block and smooth block, noting the color
specifications; noted that the storage of carts could potentially be outside; and for
Commissioner Soltysiak. provided the rationale and additional clarification as to the
location of the garden center and the loading area.
For Commissioner Webster, the applicant's landscape architect relayed that the
applicant would be agreeable to work with staff, regarding the replacement or deletion of
the Magnolia tree on the landscape plan.
Commissioner Webster relayed concern, regarding the parking lot design with respect to
traffic circulation, specifically. with cut-though traffic; and recommended installation of a
concrete or landscape strip to prevent access through the middle of the parking lot.
Mr. Winn relayed that although the applicant would not desire to diminish the number of
parking spaces, that the applicant would be agreeable to work with staff on the
installation of a landscape or concrete strip between the two rows of parking stalls in this
particular area; and suggested designation of the aforementioned area as employee
parking.
Deputy Director of Public Works Parks advised that the employee designated parking
area would alleviate an alternate hazard, regarding constant traffic backing into the
through lanes in this particular area; and concurred with the recommendation to install a
continuous buffer, precluding cut-through traffic in the aforementioned area.
Chairman Guerriero recommended the installation of stop signs at both ends of the
entranceway, specifically at the exit onto Campos Verdes Lane, and at the entrance to
the parking lot.
Commissioner Soltysiak, echoed by Chairman Guerdero, commended the project,
relaying the need for this type of business in the City of Temecula.
MOTION: Commissioner Webster moved to close the public headng; adopt Resolution
No. 99-010 approving Plannin9 Application No. PA99-0038 (Development Plan) based
upon the Analysi~ and Findings contained in the Staff Report subject to the attached
Conditions of Approval; and adopt the finding of environmental Impact Report No. 348
for the Campos Vetdes Specific Plan.
RESOLUTION NO. PC 99-010
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.PA99-0038
(DEVELOPMENT PLAN) FOR THE DESIGN, CONSTRUCTION AND
OPERATION OF A 135,694 SQUARE FOOT HOME IMPROVEMENT STORE
WITH A 26,995 SQUARE FOOT GARDEN SHOP AND ASSOCIATED
PARKING AND LANDSCAPING ON A PARCEL CONTAINING
APPROXIMATELY 17.52 ACRES AND KNOWN AS ASSESSOR'S PARCEL
NOS. 910-130-056, 910-130-059 AND 910-130-060.
Add
· the installation of a landscape or concrete stdp in the parking area per staff
recommendation
· the designation of specified employee parking
· the installation of stop signs at the entrance and exit to the site from Campos
Verdes Lane
Delete
· deletion or replacement of the Magnolia tree on the Landscape Plan per staff
recommendation
Modify
· revise the language of Condition No. 8 to reflect staff's modification (per
supplemental agenda memorandum)
· modify the language of Condition No. 8 to reflect specificity regarding the
safety rationale that could warrant closure of the median
The motion was seconded by Commissioner Soltysiak and voice vote reflected approval
with the exception Commissioner Naggar who was absent.
PLANNING MANAGER'S REPORT
Planning Manager Ubnoske relayed that the Monterey Conference was a
success, noting that provision of the conference matedal will be relayed to
Commissioners Naggar and Fahey who were unable to attend,
COMMISSIONER REPORTS
For Commissioner Webster, Planning Manager Ubnoske relayed that the City is
in the process of addressing the parking of trucks on Diaz Road.
Commissioner Soltysiak relaye~j that the problem regarding the proper left-turn
movements at the Lucky's store on 79 (south) had been resolved, thanking staff
for addressing the matter.
In response to Commissioner Webster's comments with regard to the
aforementioned Lucky's store, Planning Manager relayed that staff would
investigate the parking lot landscaping as to sparseness.
Chairman Guerriere commended the Public Works Department for the temporary
installation of the No U-tum sign at Rancho California Road.
For Chairman Guerriero, Deputy Director of Public Works Parks relayed that the
scheduled completion of the Pond Project would be June of 1999.
For Chairman Guerriero, with regard to the recent emergency hazardous material
incident and its negative impact on traffic circulation, Deputy Director of Public
Works Parks cladfled that due to the situation, it was necessary to seal off the
area for safety reasons, which would impede traffic circulation; and noted that the
coordinating efforts of the California Highway Patrol, the City's staff, the Police
Department, and the Hazardous Matedal personnel from the Fire Department
was handled in the most efficient manner available to maintain safety, relaying
that investigation could be done to improve traffic circulation dudng an
emergency situation.
Commissioner Soltysiak specified other multiple factors that additionally
impacted the traffic circulation during the aforementioned emergency situation.
ADJOURNMENT
At 7:24 P.M. Chairman Gueniero formally adjoumed this meeting to Wednesday, Al~ril
21, 1999 at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive,
Temecula.
Ron Guerriero, Chairwoman
Debbie Ubnoske, Planning Manager
ITEM #3
CITY OF TEMECULA
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
MEMORANDUM
TO: Planning Commission
FROM: Debbie LPonoske, Planning Manager
DATE: May 19, 1999
SUBJECT: Planning Application No. PA98-0370 (Free-Standing Sign for the Promenade
Mall)
Prepared by: Carole K. Donahoe, AICP, Associate Planner
RECOMMENDATION: Community Development Department - Planning Division Staff
Recommends that the Planning Commission:
1. APPROVE the twenty-six foot (26') high free-standing sign for The Promenade
Mall in Temecula, in accordance with Exhibits A - Site Plan, B - Median Location
Plan, C - Sign Elevation and D - Color and Material Board.
STATUS:
On October 7, 1998, the Planning Commission reviewed the initial design of the primary entry sign
for The Promenade Mail in Temecula, to be erected on Winchester Road. The Commission provided
direction to staff for a redesign of the sign, including colors and materials more compatible with the
mall building. Since that meeting, Forest City has redesigned this sign and reconsidered its location.
ANALYSIS:
Height
The new proposal has decreased the height of the sign from twenty-seven feet (27') to twenty-six
feet (26'), which remains in conformance with the thirty-six feet (36') maximum height standard
as required by the Temecula Regional Center Specific Plan.
Structural Desima, Color and Materials
The structural design has been modified from the original proposal, with a solid stone veneer
monument base, and stone column sides that match the stone columns of the mall building in look
and profile. The individual panels have decreased in number from eight (8) to seven (7). The mall
logo is proposed in a tapered aluminum cabinet with push thru acrylic forms internally illuminated.
R:\STAFFRPTX370pa98.pc 5-19-99.doc
Likewise, "The Promenade" panel is an intehaally illuminated aluminum cabinet with push-thru
acrylic letters. The colors have been softened and blended to match those used on the mall
buildings.
The Relocation
Forest City proposes to eliminate the "Outdoor Plaza ID Sign" along Winchester Road and the
"monument sign" in the median of the westernmost entrance approved for Planning Application No.
PA97-0118 (Development Plan) for the mall. Instead, Forest City now proposes a singular primary
entry ID sign in the westernmost median, as shown on Exhibit B - Location Plan. Staff believes this
change enhances the project, simplifying the amount of signage along Winchester Road.
SUMMARY AND CONCLUSION:
It is staffs opinion that Forest City has responded to the comments from the Planning Commission
on the initial design, and now proposes a more upscale design that compliments the mall buildings
and enhances the streetscape along Winchester Road. Therefore, staff recommends approval.
Attachments:
Exhibits - Blue Page 3
A. Site Plan
B. Median Location Plan
C. Sign Elevation
D. Colors and Materials - Available at the Public Hearing
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2
ATTACHMENT NO. 1
EXHIBITS
R:\STAFFRPT~370pa98.pc 5-I 9-99.doc
CITY OF TEMECULA
WINCHESTER ROAD
CASE NO. - PLANNING APPLICATION NO. PA98-0370
EXHIBIT - A
PLANNING COMMISSION DATE - MAY 19~ 1999
SITE PLAN
R:\STAFFRPT~370pa98.pc 5-19-99.doc
4
CITY OF TEMECULA
CASE NO. - PLANNING APPLICATION NO. PA98-0370
EXHIBIT - B
PLANNING COMMISSION DATE - MAY 19, 1999
MEDIAN LOCATION PLAN
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5
CITY OF TEMECULA
HE PROMENADE
WC~I' '5 i
Ed d ~
Sefior Steak
~ Alligator Grille
'L Garden Food
. ~"'~ Books/Book,
~i~, Thematic Cafe
·
CASE NO. - PLANNING APPLICATION NO. PA98-0370
EXHIBIT - C
PLANNING COMMISSION DATE - MAY 19, 1999
SIGN ELEVATION
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6
ITEM #4
CITY OF TEMECULA
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DMSION
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Planning Commission
Debbie Ubnosk~, Planning Manager
May 19, 1999
Planning Application No. PA98-0369 (Comer Monumentation for the Promenade
Mall)
Prepared by: Carole K. Donahoe, AICP, Associate Planner
RECOMMENDATION:
Community Development, Department 2 Planning Division Staff
Recommends that the Planning Commission:
APPROVE the comer monumentation located at the southeast comer of Winchester
Road (State Highway 79 North) and Ynez Road, for The Promenade Mall in
Temecula, as depicted in Exhibit A - Rendering, Exhibit B - Elevation, Exhibit C -
Landscape Plan, and Exhibit D - Color and Material Board.
STATUS:
On October 7, 1998, the Pl.anning Commission reviewed the initial design of the comer
monumentalion. The Commission provided staff with direction on how to achieve a "grand
statement" at this key intersection. Since that meeting, Forest City has redesigned the comer
monumentation to comply with the Commission's requests.
ANALYSIS:
The new design features a continuous concave monument wall centered at the intersection, with two
fountains, one on each end and facing Ynez and Winchester Roads.
Structural Design, Colors and Materials
The applicant proposes to erect concrete walls with stone veneer that matches the mall building and
the proposed primary entrance sign on Winchester Road. The logo will also be similar to that used
at the primary entrance, an aluminum cabinet with push-thru actylic elements, intemally illuminated.
Together with the mall and cinema signs proposed on Winchester Road, the comer monument sign
forms a complete, cohesive streetscape.
R:\STAFFRPTX369pa98.pc 5-19-99.doc
Landscapin~
At the Commission's request, the applicant has provided a detailed landscape plan for the comer
monument area. See Exhibit C. Staff feels that this landscaping will contribute to the overall comer
treatment.
SUMMARY AND CONCLUSION:
It is the opinion of staff that Forest City has brought back to the Commission a comer
monumentation plan that is both "a grand statement" and a clean, classic and cohesive design that
complements the mall buildings as well as the other signage along Winchester Road. Therefore,
staff recommends approval.
Attachments:
Exhibits - Blue Page 3
A. Rendering
B. Elevation
C. Landscape Plan
D. Color and Material Board - Available at the Public Hearing
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2
ATTACHMENT NO. 1
EXHIBITS
R:\STAFFRP'B369pa98.pC 5-19-99.doc
3
CITY OF TEMECULA
CASE NO. - PLANNING APPLICATION NO. PA98-0369
EXHIBIT - A
PLANNING COMMISSION DATE - MAY 19, 1999
RENDERING
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4
CITY OF TEMECULA
CASE NO. - PLANNING APPLICATION NO. PA98-0369
EXHIBIT - B
PLANNING COMMISSION DATE - MAY 19, 1999
ELEVATION
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5
CITY OF TEMECULA
WINCHESTER ROAD
(~)MA]OR ENTY MONUMENTATION PLAN
CASE NO. - PLANNING APPLICATION NO. PA98-0369
EXHIBIT - C
PLANNING COMMISSION DATE - MAY 19, 1999
LANDSCAPE PLAN
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6
ITEM #5
CITY OF TEMECULA
COMMUNITY DEVgLOPMENT DEPARTMENT
PLANNING DIVISION
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Planning Commission
Debbie Ubnoske, Planning Manager
May 5, 1999
Director's Hearing Case Update
Planning Director's Agenda items for February, 1999
Date
February 4, 1999
Case No. Proposal
PA98-0455 A two lot subdivision
Planning Director's Agenda items for April, 1999.
Date Case No.
April 8, 1999 PA99-0067
April 15, 1999 PA98-0293
April 22, 1999 PA99-0101
April 22, 1999
PA99-0059,
PA99-0060,
and PA99-
0061
April 22, 1999 PA99-0105
Proposal
The subdivision to 21.56 acres
into two parcels.
To construct and operate a 7,
100 square foot retail building
on Pad A
The construction of single
family homes on lots. Seven
Models are used three times
each, with three different
exterior.
The construction of single
family homes in three tracts
with three floor plans and
three elevations per floor plan
in each tract.
To install a 180 square foot
dance floor in the existing
cantina of the Margarita Grill
Restaurant.
Applicant
Van Daele Development
Applicant
KMI Real Estate IX,
LLC
CIP Cal Oaks, LLC
Woodbridge Inland
Estates, LLC
Richmond Amercian
Homes, Inc.
Temex, LLC
Action
Approved
Action
Approved
Approved
Approved
Approved
Approved
Attachments:
I. Action Agendas - Blue Page 3
R:\DIRHEAR\MEMO\I999\5-5-98.memo.doc
ATTACHMENT NO. 1
ACTION AGENDAS
R:\DIRHEAR\MEMO\1999\5-5-98.mem,.dOC
2
ACTION AGENDA
TEMECULA DIRECTOR'S HEARING
REGULAR MEETING
FEBRUARY 4, 1999 1:30 PM
TEMECULA CITY HALL MAIN CONFERENCE ROOM
43200 Business Park Drive
Temecula, CA 92390
CALL TO ORDER: Matthew Fagan, Senior Platmet
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:
Loc~ion:
Proposal:
Environmental Action:
Case Planner:
Recommendation:
ACTION:
ADJOURNMENT
Planning Application PA98-0455 (Tentative PM 29060)
Van Daele Development Corp., Mr. Stephen S. King
2900 Adams St., Ste. C-25, Riverside, CA 92504
The north side of Rancho California Road west of Humber
Drive. (A portion of APNs 921-370-006 & 008)
A 2 lot subdivision
Categorical Exempt 15315
Thomas Thornsley
Approval
APPROVED
P:XPLANNING\DIRHEAR\1999~24-99.agenda.dec
ACTION AGENDA
TEMECULA DIRECTOR'S HEARING
REGULAR MEETING
APRIL 8, 1999 1:30 PM
TEMECULA CITY HALL MAIN CONFERENCE ROOM
43200 Business Park Drive
Temecula, CA 92390
CALL TO ORDER: Debbie Ubnoske, Planning Manager
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:
Case Engineer:
Recommendation:
Planning Application No. PA 99-0067 (Tentative Parcel Map
29175)
KMI Real Estate Parmers IX, LLC
Northeast comer of Margarita Road and North General Keamy
Road (south of Winchester Road).
The subdivision to 21.56 acres into two (2) parcelS.
Exempt pursuant to California Environmental Quality Act
(CEQA) Guidelines Section 15315.
Patty Anders, Assistant Planner
Annie Bostre-le, Assistant Engineer
Approval
ACTION:
APPROVED
ADJOURNMENT
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1
--
ACTION AGENDA
TEMECULA DIRECTOR'S HEARING
REGULAR MEETING
APRIL 15, 1999 1:30 PM
TEMECULA CITY HALL MAIN CONFERENCE ROOM
43200 Business Park Drive
Temecula, CA 92390
CALL TO ORDER: Matthew Fagan, 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 no__t 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:
Case Engineer:
Recommendation:
Planning Application No. PA98-0293 (Development Plan)
C.I.P. Cal Oaks LLC
Within the Winchester Meadows shopping center at the
northeast comer of Margarita Road and Winchester Road
(State Highway 79 North)
To consInlet and operate a 7,100 square foot retail building on
Pad 'A'
Exempt
Carole K. Donahoe, AICP
Annie Bostre-Le
Approval
ACTION:
APPROVED
ADJOURNMENT
ACT.ION AGENDA
TEMECULA DIRECTOR'S HEARING
REGULAR MEETING
APRIL 22, 1999 1:30 PM
TEMECULA CITY HALL MAIN CONFERENCE ROOM
43200 Business Park Drive
Temecula, CA 92390
CALL TO ORDER: Matthew Fagan, Senior Planner
PUBLIC COMMENTS
A total of 15 minutes is provided so m~mbers 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:
Planning Application No. PA99-0101 (Development Plans
for Product Review)
Woodbridge Inland Estates, LLC
In the Meadowview community at Calle Olvera and Cone
Coehlo (see below)
The construction single family homes on lots. Seven models
are used three times each, with three different exterior
tream~ents for each of those models. The homes range in size
from approximately 3,000 to 3,900 square feet of living area
with 3 to 5 bedrooms and 3 to 4 car garages. The project has
been approved by the Meadowview Community Association.
This project is exempt from further evaluation under CEQA
due to a prior finding of no significant environmental effect
and the resulting adoption of a Negative Declaration of
environmental impact at the time the property was
subdivided.
Steve Griffin
Approval
ACTION:
APPROVED
P:\PLANNING\DIRHEAR\i999\4-22-99.agenda.cloc
i
2. Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Case Planner:
Recommendation:
ACTION:
3. Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Case Planner:
Case Enginee?:
Recommendation:
ACTION}
ADJOURNMENT
Planning Application No. PA99-0059, PA.99-0060 & PA99-
0061 (Development Plans for Product Review)
Richmond American Homes, 104 W. Grand Ave., #A,
Escondido, CA 92025
East side &Butterfield Stage Road north of De Portola Rd.,
and south ofPauba Rd.
The construction of single family homes in three tracts ~vith
three floor plans and three elevations per floor plan in each
tract with 64 lots within Tract Map No. 23143-2, 105 'lots
within Tract Map No. 23143-3, and 80 lots within Tract Map
No. 23143-4, for a total of 249 lots.
This project is exempt from further evaluation under CEQA
due to the previous certification of an Environmental Impact
Report (EIR) for this site.
Thomas Thomsley
Approval
APPROVED
Planning Application No. PA99-0105 (Minor Conditional
Use Permit)
Temex, LLC
27345 Jefferson Avenue
To install a 180 square foot (12 foot X 15 foot) dance floor
in the existing cantina of the Margarita Grill restaurant
Categorical Exemption, Class 1 - Existing Facilities
Carole Donahoe
Annie Bostre-Le
Approval
APPROVED
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2
ITEM #6
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
May 19, 1999
Planning Application No. PA99-0104 (Amendment No. I to Specific Plan No. 263)
Prepared By: Carole K. Donahoe, AICP, Associate Planner
RECOMMENDATION:
The Community Development Department - Planning Division Staff
recommends the Planning Commission:
APPLICATIONINFORMATION
APPLICANT:
REPRESENTATIVE:
PROPOSAL:
ADOPT Resolution No. 99- recommending approval of
Planning Application No. PA99-0104 based upon the
Analysis and Findings contained in the Staff Report, and
subject to the attached Conditions of Approval;
LOCATION:
EXISTING ZONING:
MAKE a Determination of Consistency with a Project for
Which an Environmental Impact Report (EIR) was Previously
Certified, and Findings that a subsequent EIR is not required
ADOPT a Notice of Exemption for Planning Application No.
PA99-0104
DIRECT Staff to approve the twenty-six foot (26') free-
standing entertainment marquee for the Edwards Cinema at
The Promenade Mall, in accordance with Exhibits E - Site
Plan, F - Sign Elevations, H - Landscape Plan and I - Color
and Matedal Board
Edwards Theater Circuit, Inc.
Michael Gray, Superior Electrical Advertising
To amend Specific Plan No. 263 (Temecula Regional Center),
Section IV. E. 4., allowing the theater to erect a freestanding
marquee sign 26 feet in height.
At the eastemmost entrance from Winchester Road to the Temecuia
Promenade Mall, within the ddve aisle median.
SP (Temecula Regional Center Specific Plan)
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SURROUNDING ZONING:
North:
South:
East:
West:
CC (Community Commercial)
BP (Business Park)
SP (Campos Verdes Specific Plan
CC (Community Commercial)
PROPOSED ZONING: Not Requested
GENERAL PLAN
DESIGNATION:
CC (Community Commercial), PI (Public/Institutional Facilities) and
PO (Professional Office)
EXISTING LAND USE: Vacant, Mall under construction
SURROUNDING LAND USES:
North:
South:
East:
West:
Commercial canter (Costco and Winchester Marketplace)
Vacant
Vacant
Commercial center (Palm Plaza)
BACKGROUND
Edwards Theater Circuit, Inc. received approval from the Planning Commission on February 3,
1999 to construct and operate the 15-screen, 87,962 square foot motion picture complex within the
Promenade Mall. On March 17, 23 and 29 the applicant's representative submitted portions of the
specific plan amendment application. The Apdl 15, 1999 Development Review Committee (DRC)
meeting was cancelled and staff worked with the representative by phone to complete the project
application.
PROJECT DESCRIPTION
The proposed specific plan amendment is a request to modify the height limitation for theaters as
noted in Section IV.E.4. of Specific Plan No. 263 which governs development at the Mall. Existing
language is as follows:
4. Theaters and Sl~ecial Event Facilities
Identification and program information for theaters and special event facilities may be
provided by theater monuments and/or marquee signs. These signs, if provided, shall
consist of a permanent portion displaying the name of the theater, auditorium, hotel or
special event facilities and, if desired, may also include a changeable section accomodating
program information. These signs may be either attached directly to the building or erected
as free-standing signs. These signs shall not extend above the height of the predominant
roofline of the building if attached directly to the building. Freestanding signs cannot exceed
a maximum of twelve feet (12') in height. These signs may be illuminated internally,
however, the permanent portion must have an opaque background, with only the message
portion illuminated.
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The proposal requests that the last two sentences be amended to read as follows:
Freestanding signs cannot exceed a maximum of twolvo foot (12') twenty-six feet (26) in
height. These signs may be illuminated internally, however, the permanent portion must
have an opaque background, with only the message portion illuminated, and setup for
changeable letters.
ANALYSIS
Location Considerations
The Edwards Cinema building itself is located at the southeast end of the Mall behind Sears,
approximately 1,500 feet from Winchester Road. Winchester Road (also known as State Highway
79 South) is an urban artedal 6-lane highway, with a 134-foot right-of-way and with two additional
25-foot transportation corridor easements on both sides. Staff feels that the high speed nature of
Winchester Road and its roadway width are factors requiring special consideration of this
amendment by the Commission.
Compatibility Considerations
The Mall has proposed a twenty-six foot (26') high free-standing pdrriary entrance sign for the
Promenade Mall in the median at the western driveway. 'The Temecula Regional Center Specific
Plan allows one pdmary entry sign to be at a maximum height of thirty-six feet (36'). The Mall free-
standing sign is also before the Commission on May 19, 1999. The proposed Edwards Cinema sign
is similar in design, architectural features, colors and materials used, and height.
Other MarQuee SicIns within the City
There are two other existing street marquees for movie theaters in the City. The Tower Plaza
marquee fronts Ynez Road on a relatively level portion of the center adjacent to the bank, and
stands twelve feet (12') high. The other marquee is on the opposite side of Ynez Road at the
middle entrance to the Rancho California Towne Center. The change in grade on the sloped
driveway varies the height of the sign from approximately 12 to 26 feet. The third movie complex,
Temeku at the Palm Plaza (southwest'comer of Winchester Road and ¥nez Road) does not have
a street marquee. Due to its location adjacent to Interstate 15, Temeku has their marquee on the
back wall of the building.
ENVIRONMENTAL DETERMINATION
The project site has been subject to extensive environmental review. An Environmental Impact
Report (EIR) and an Addendum to the EIR were prepared and certified for the Temecula Regional
center Specific Plan. An Initial Environmental Study (IES)was prepared by staff for Planning
Application No. PA97~0118 (Development Plan). Sinca pylon signage along Winchester Road were
considered and approved under this development plan, staff determined that no further
environmental analysis is required at this time.
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3
GENERAL PLAN AND ZONING CONSISTENCY
The project is proposing an amendment to the development standards govemed by the Temecula
Regional Center Specific Plan. The application for the amendment is consistent with the policies
and procedures for such an amendment outlined in the City's General Plan and Development
Code.
SUMMARY/CONCLUSIONS
The high speed nature and width of Winchester Road wan'ants special consideration with regards
to street marqueeS. The design, construction, colors and materials of the proposed marquee is
consistent and compatible with the free-standing Sign for the Promenade Mall. The marquee will
reflect all facets of the proposed Mall signage and complete their presence along Winchester Road.
Staff therefore recommends approval of the project.
FINDINGS
The proposed Zoning Amendment to Specific Plan No. 263 is compatible with the health,
safety and welfare of the community. The Temecula Regional Center Specific Plan does
allow other signage at the site as high as thirty-six feet (36'), while the proposed
amendment is to twenty-six feet (26'). The Specific Plan was found to be compatible with
the health, safety and welfare of the community, and therefore the amendment would be
compatible as well.
The proposed Zoning Amendment to Specific Plan No. 263 is consistent with the goals and
policies of the City's adopted General Plan. The Specific Plan was found to be consistent
with the City's General Plan. Given that the amendment would allow signage below the
maximum allowed the by Specific Plan for other signage at the site, the amendment can
also be considered consistent.
The proposed Zoning Amendment to Specific Plan No. 263 is compatible with surrounding
land uses. The proposed street marquee sign will be similar in design, construction, colors,
materials used and height to the proposed free-standing sign for the Mall, also located
along Winchester Road.
The proposed Zoning Amendment to Specific Plan No. 263 will not have an adverse effect
on surrounding property because it does not represent a deviation from the proposed
signage for the Mall.
The proposed Zoning Amendment to Specific Plan No. 263 does not increase the impacts
associated with the development or the overall intensity of the development as analyzed
in Environmental Impact Report No. 340 for Specific Plan No. 263.
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4
Attachments:
PC Resolution - Blue Page 6
Exhibit A: Conditions of Approval - Blue Page 9
Exhibits - Blue Page 12
B.
C.
D.
E.
F.
G.
H.
Vicinity Map
Zoning Map
General Plan Map
Site Plan
Location Plan
Elevations
Landscape Plan
Color and Material Board - Available at the Public Hearing
\\TEMEC_FS201\DATA\DEPTS\PLANNING~STAFFRPT~104pa99.PC.doc
5
ATTACHMENT NO. 1
PC RESOLUTION NO. 99-
\\TEMEC_FS201'~DATA\DEPTS~PLANNtNG~STAFFRPT%I04pa99.PC.doC
6
ATTACHMENT NO. 1
RESOLUTION NO. 99-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING APPROVAL OF PLANNING
APPLICATION NO. PA99-0'104 (AMENDMENT NO. I TO
SPECIFIC PLAN NO. 263), THE TEMECULA REGIONAL
CENTER, SECTION IV. E. 4. TO ALLOW A 26-FOOT HIGH
ENTERTAINMENT MARQUEE, ON PROPERTY LOCATED AT
THE SOUTHEAST CORNER OF WINCHESTER ROAD AND YNEZ
ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 910-130-
052, -053 AND --054
WHEREAS, Edwards Theatre Circuit, Inc. filed Planning Application No. PA99-0104, in
accordance with the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. PA99-0104 was processed including, but not limited
to public notice, in the time and manner prescdbed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. PA99-0104 on
May 19, 1999, at a duly noticed public headng as prescribed by law, at which time the City staff and
interested persons had an opportunity to, and did testify either in support or opposition to this
matter;
WHEREAS, at the conclusion of the Commission headng and after due consideration of the
testimony, the Commission recommended approval of Planning Application No. PA99-0104;
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 and are hereby incorporated by
reference.
Section 2. Findinqs.
A. The Planning Commission in recommending approval of Planning Application No.
PA99-O104, makes the following findings:
1 ) The proposed Zoning Amendment to Specific Plan No. 263 is compatible
with the health, safety and welfare of the community. The Temecula Regional Center Specific Plan
does allow other signage at the site as high as thirty-six feet (36'), while the proposed amendment
is to twenty-six feet (26'). The Specific Plan was found to be compatible with the health, safety and
welfare of the community, and therefore the amendment would be compatible as well.
2) The proposed Zoning Amendment to Specific Plan No. 263 is consistent with
the goals and policies of the City's adopted General Plan. The Specific Plan was found to be
consistent with the City's General Plan. Given that the amendment would allow signage below the
maximum allowed the by Specific Plan for other signage at the site, the amendment can also be
considered consistent.
\\TEMEC_FS201~DATA~DEPTS~PLANNING~STAFFRPT~104pa99,PC.dOC
7
3) The proposed Zoning Amendment to Specific Plan No. 263 is compatible
with surrounding land uses. The proposed street marquee sign will be similar in design,
construction, colors, materials used and height to the proposed free-standing sign for the Mall, also
located along WinchesterRoad.
4) The proposed Zoning Amendment to Specific Plan No. 263 will not have an
adverse effect on surrounding property because it does not represent a deviation from the
proposed signage for the Mall.
5) The proposed ZOning Amendment to Specific Plan NO. 263 does not
increase the impacts associated with the development or the overall intensity of the development
as analyzed in Environmental Impact Report No. 340 for Specific Plan No. 263.
Section 3. Environmental Compliance. The project site has been subject to extensive
environmental review. An Environmental Impact Report (EIR) and an Addendum to the EIR were
prepared and certified for the Temecula Regional canter Specific Plan. An Initial Environmental
Study lIES) was prepared by staff for Planning Application No. PA97-0118 (Development Plan).
Since pylon signage along Winchester Road were considered and approved under this
development plan, staff determined that no further environmental analysis is required at this time.
Section 4. Conditions. That the City of Temecula PLanning Commission heraby
recommends approval of Planning Application No. PA99-0104 (Zoning Amendment, Specific Plan),
to amend the Temecula Regional Center Specific Plan No. 263, allowing a street marquee sign at
a height of twenty-six feet (26') on property located at the southeast corner of Winchester Road
and Ynez Road, and known as Assessor's Parcel Nos, 910-130-052,-053 and -054.
Section 5. PASSED, APPROVED AND ADOPTED this nineteenth day of May, 1999.
Ron Guerriero, Chairperson
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 nineteenth day of
May, 1999 by the following vote of the Commission:
AYES:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
\\TEMEC_FS201~DATA~DEPTS\PLANNING%STAFFRpT%104pa99,pC,dOC
8
EXHIBIT A
CONDITIONS OF APPROVAL
\\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRP'r'~104pa99.pC.dOC
9
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA99-0104 - Zoning Amendment, Specific Plan
Project Description:
To amend Specific Plan No. 263 (Temecula Regional
Center), Section IV. E. 4., allowing the theater to erect a
freestanding marquee sign 26 feet in height
Development Impact Fee Category: None
Assessor's Parcel No.
Approval Date:
910-130~052, -053 AND -054
(To be determined by CIty Council Action)
PLANNING DIVISION
General Requirements
The applicant and owner of the real property subject to this condition shall hereby agree to
indemnity, protect, hold harmless, and defend with Legal Counsel of the City's own
selection, the City shall be deemed for purposes of this condition, to include any agency or
instrumentality thereof, or any of its elected or appointed officials, officere, employees,
consultants, contractors, legal counsel, and agents from any and all claims, actions,
awards, judgements, or proceedings against the City to attack, set aside, void, annul, seek
monetary damages resulting, directly or indirectly, from any action in furtherance of and the
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
the Planning Application. City shall promptly notity the both the applicant and landowner
of any claim, action, or proceeding to which this condition is applicable and shall further
cooperate fully in the defense of the action. The City reserves its right to take any and all
action the City deems to be in the best interest of the City and its citizens in regards to such
defense.
The applicant shall comply with all underlying Conditions of Approval for Specific Plan No.
263 and its amendments unless superceded by these conditions.
The applicant shall comply with all mitigation measures contained in the approved Mitigation
Monitoring Program for Specific Plan No. 263.
The development of the premises shall substantially conform to the approved Exhibit "D"
(Site Plan), approved Exhibit "E" (Location Plan), and approved Exhibit "F" (Elevations,
contained on file with the Community Development Department - Planning Division.
Landscaping shall substantially conform to the approved Exhibit "G" (Landscape Plan).
Landscaping installed for the project shall be continuously maintained to the reasonable
satisfaction of the Planning Manager. If it is determined that the landscaping is not being
maintained, the Planning Manager shall have the authority to require the property owner
to bring the landscaping into conformance with the approved landscape plan. The
%\TEMEC_FS201\DATA~DEPTS\PLANNING\STAFFRPT~104pa99.PC.doC
10
continued maintenance of all landscaped areas shall be the responsibility of the developer
or any successors in interest.
The colors and matedais for this project shall substantially conform to the following list of
approved colors and materials and with Exhibit "G" (Color and Material Board), contained
on file with the Community Development Department - Planning Division. Any deviation
from the approved colors and matedats shall require approval of the Planning Manager.
Material Color
Tile band primary color #1072-A ChateaU-Dusk
Tile band secondary color Colonia-Dusk Cobalt Blue or
Colonia-1054-Q or
Chateau 808-E or
Chateau Light Taupe or
Chateau 801-M/Nautical
Stone veneer Adequin di Canterra
Paint colors Matthews polyurethane sign paints
#62C-2T, #1 6B-4D, #19C-4D, #71A-1A, White, Black, #34C-1P, #70C-4D or
painted to match PMS 134, 577, 270, 116, or 299
Prior to the Issuance of Permits
The applicant shall sign both copies of the final conditions of approval that will be provided
by the Community Development Department - Planning Division staff, and return one
signed set to the Community Development Department - Planning Division for their files.
The applicant shall revise Exhibits "D, E, F, G", or "H" (Site Plan, Location Plan, Elevations,
Landscape Plan, or Color and Material Board) to reflect the final conditions of approval that
will be provided by the Community Development Department - Planning Division staff, and
submit five (5) full size copies to the Community Development Department - Planning
Division for their files.
BUILDING AND SAFETY DEPARTMENT
,
Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining
property or public rights-of-way. All street lights and other outdoor lighting shall be shown
on electrical plans submitted to the Department of Building and Safety for plan check
approval and shall comply with the requirements of City Ordinance No. 655 regarding light
pollution.
By placing my signature below, I confirm that I have mad, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in cenformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Community Development Department approval.
Applicant Name
\\TEMEC_FS201\DATA\DEPTS~PLANNING\STAFFRP'~104pa99.pC,doc
'11
ATI'ACHMENT NO. 2
EXHIBITS
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12
CITY OF TEMECULA
CASE NO. - PA99-0104 (ZONING AMENDMENT, SPECIFIC PLAN)
EXHIBIT - A
PLANNING COMMISSION DATE - MAY 19, 1999
VICINITY MAP
R:\STAFFRPT~104pa99.PC.doc
CITY O.F TEMECULA
CASE NO. - - PA99-0104 (ZONING AMENDMENT, SPECIFIC PLAN)
EXHIBIT B DESIGNATION - SP (SPECIFIC PLAN) ZONING MAP
PLANNING COMMISSION DATE - MAY 19, 1999
R:\STAFFRPT~104pa99,PC.doc
CITY OF TEMECULA
CC/~. /
.~ BP ·
CC / M _-/'~.~
CASE NO. - - PA99-0104 (ZONING AMENDMENT, SPECIFIC PLAN)
EXHIBIT C DESIGNATION - CC (COMMUNITY COMMERCIAL), PI (PUBLIC INSTITUTIONAL
FACILTIES) AND PO (PROFESSIONAL OFFICE) GENERAL PLAN
PLANNING COMMISSION DATE - MAY 19, 1999
R:\STAFFRPT~104pa99.PC.doc
CITY OF TEMECULA
CASE NO. - - PA99-0104 (ZONING AMENDMENT, SPECIFIC PLAN)
EXHIBIT- D
PLANNING COMMISSION DATE - MAY 19, 1999
SITE PLAN
R:\STAFFRPT~104pa99.PC.doc
CITY OF TEMECULA
CASE NO. - - PA99-0104 (ZONING AMENDMENT, SPECIFIC PLAN)
EXHIBIT, E
..~PLANNING COMMISSION DATE - MAY 19, 1999
LOCATION PLAN
R:\STAFFRPT~104pa99. pC.doC
CITY OF TEMECULA
CASE NO. - - PA99-0104 (ZONING AMENDMENT, SPECIFIC PLAN)
EXHIBIT- F
PLANNING COMMISSION DATE - MAY 19, 1999
ELEVATIONS
R:\STAFFRPT~104pa99.PC.doc
CITY OF TEMECULA
WINCHESTE
CASE NO. ~ - PA99-0104'(ZONING AMENDMENT, SPECIFIC PLAN)
EXHIBIT - G
PLANNING COMMISSION DATE - MAY 19, 1999
LANDSCAPE PLAN
R:\STAFFRPT~104pa99.PC,doc
ITEM #7
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
May19,1999
Planning Application No. PA97-0446 (Zoning Amendment, Map Change) and
Planning Application No. PA97-0~.~.~. (Tentative Parcel Map No. 28000)
Prepared By: Carole K. Donahoe, AICP, Associate Planner
RECOMMENDATION:
The Community Development Department - Planning Division Staff
recommends the Planning Commission:
ADOPT Resolution No. 99- recommending approval of
Planning Application No. PA97-0446 (Zoning Amendment,
Map Change) based upon the Analysis and Findings
contained in the Staff Report; and
ADOPT Resolution No. 99-" approving Planning
Application No. PA97-0444 (Tentative Parcel Map No.
28000) based upon the Analysis and Findings contained in
the Staff Report, and subject to the attached Conditions of
Approval; and
ADOPT the Mitigated Negative Declaration for Planning
Application Nos. PA97-0446 and PA97-0444; and
ADOPT the Mitigation Monitoring Program for Planning
Application No. PA97-0446 and PA97-0'!'!'!.
APPLICATION INFORMATION
APPLICANT: Ching G. Lee
REPRESENTATIVE:
Markham and Associates
PROPOSAL:
To amend the City's Zoning Map, changing the zoning of the property
from Low Density Residential L1 (1 acre to 2.5 acre net lot size) to
Low Density Residential L2 (1/2 acre to 1 acre net lot size); and
LOCATION:
To subdivide 1.07 net acres into two residential lots.
Southeast corner of Estero Street and Ormsby Road
EXISTING ZONING:
L1 (1 acre to 2.5 acre net lot size)
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SURROUNDING ZONING:
North:
South:
East:
West:
L2 (1/2 acre to 1 acre net lot size)
L1 (1 acre to 2.5 acre net lot size)
L2 (1/2 acre to 1 acre net lot size)
LM Low Medium Density Residential (7,200 square foot lot size minimum)
PROPOSED ZONING: L2 (1/2 acre to I acre net lot size)
GENERAL PLAN
DESIGNATION:
L Low Density Residential (.5 to 2 dwelling units per acre)
EXISTING LAND USE: Vacant
SURROUNDING LAND USES:
North:
South:
East:
West:
Estero Court, single family residences, vacant lot
Vacant
Vacant and single family residences
Single Family subdivision
BACKGROUND
The owner's representative submitted Planning Application Nos. PA97-0446 (Zoning Amendment,
Map Change), PA97-0-!-!.-! (Tentative Parcel Map No. 28000) and PA97-0445 (VVaiver of Final Map)
on December 30, 1997. A Development Review Committee (DRC) meeting was held on January
29, 1998. In February 1998 the representative provided staff with a revised map and additional
information as requested, but did not wish to proceed to public headng before completing
requirements necessary to qualify for a waiver of the final map. In an April 6, 1998 letter, the
representative reiterated the owner's desire to keep the file active while pursuing completion of
street improvements. In a September 23, 1998 letter to the applicant, staff asked for an update,
and on October 5, 1998 the representative responded that work was being completed within three
to four weeks. Finally, on Apdl 6, 1999 the representative concluded all necessary requirements
including an:updated SAN 53 Letter from Environmental Health, allowing for the project to proceed
to public hearing.
HISTORY
Tentative Parcel Map No. 28000 is similar to Tentative Parcel Map No. 25607, which was submitted
to the Riverside County Planning Department on January 23, 1990. It was transmitted to the City
of Temecula in June 1990 and denied by the Temecula Planning Commission on January 28, 1991
by a 3-2 vote. An appeal of the Commission's derision was denied by the City Council on April 9,
1991 by a 3-1-1 (abstention) vote. Resolution No. 91-35 states that in denying the map the City
Council made these pertinent findings:
There is a reasonable probability that Tentative Parcel Map No. 25607 may be inconsistent
with the General Plan being prepared at this time. The project does not propose the proper
infrastructure for the proposed density with use of subsurface sewage disposal and lack of
adequate paved access,
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The site is not suitable to accommodate the proposed land use in terms of the size and
shape of the lot configurations, access and density. The project does not have appropriate
off-site access and does not provide sewer service.
The City Attomey's office recommended that the applications for Tentative Parcel Map 28000 and
its accompanying Change of Zone be accepted and processed by the City because there is no time
restriction on denials and because the project complied with the General Plan and Development
Code adopted since the denial.
ANALYSIS
The Zonincl Amendment, MaD Chancle
The City adopted its General Plan on November 9, 1993. The subject property was designated as
L1 Low Density Residential and within the Chaparral Area, which was given special attention in
terms of its opportunities and constraints to development. Two Low Residential zoning districts
were instituted through the City's Development Code, L1 and L2, with different development
standards and lot sizes, to be distributed in the Chapanal Area based upon the area's constraints.
The subject site is relatively flat, with no natural slopes of 25% or greater. It is not within a natural
drainage course, nor are there known biological resources on the site. In summary, the subject
site does not exhibit any of the constraints charactedstics contained in the General Plan.
Additionally, there already exists L2 zoning to the north and east, and the proposed lots would be
similar to adjacent residences and pad sites on Estero Court. Lastly, LM zoning is adjacent to the
west, and the proposed L2 zoning would be an appropriate transition between the 7,200 square
foot lot minimums to the west and the larger lot sizes to the south. Therefore, Staff recommends
approval of the proposed zone change.
The Parcel Map
The General Plan Chaparral Area details ten (10) spedfic raquiraments for the development of pad
sites, including a Form SAN 53 statement from the Health Officer of Riverside County, slope
gradient maximums and driveway slope grades. The proposed map complies with all ten
requirements, including the completion and acceptanca of septic tank percolation testing by the
County Department of Environmental Health. The property owner has improved Ormsby Road
along the property line. Staff believes that with the constraints of the Chaparral Area studied and
identified within the City's General Plan, sufficient regulations for sensitive development of this area
are in place.
The eight years since the denial of the previous map signify a new time and new circumstances.
The property is no longer owned by the developer of adjacent property. Sufficient access exists for
the intensity of development generated by this project. It is Staffs recommendation that given the
full compliance of the proposed map to the regulations in place for development, Tentative Parcel
Map No. 28000 can be approved, contingent upon City Council approval of the zoning amendment.
The Waiver of Final MaD
Under Section 9.12 of Ordinance 460, adopted by the City, the Director of Planning may waive a
final map if enough information is available and the necessary conditions of the tentative map have
been met. The applicant has installed the necessary street improvements and drainage facilities,
has voluntarily paid Quimby Act fees for the provision of parks and recreation fadlities, and has had
\\TEMEC_FS201~DATA\DEPTS~PLANNING~STAFFRP'~444pa97,STAFFRPT PC.dOC 3
percolation tests performed and approved by the Department of Environmental Health. Staff
anticipates that the Director of Planning now has sufficient findings to waive the final map for
Tentative Parcel Map No. 28000.
Response to the Notice of Public Hearing
On May 7, .1999, staff received correspondence in opposition to the zone change from John and
Roberta Martinez. Their home is on property southwest of the project site, on Ormsby Road. They
are opposed to the '~ lot sizes in the "rural area of Santiago Estates and Los Ranchitos," which
they assert are "2 acres or more" minimum lot sizes. However, in adopting the General Plan in
1993, the City Coundl determined a 1 acre minimum for Santiago Estates and a 2 ¼ acre minimum
for Los Ranchitos. Furthermore, the General Plan specifically studied this area, identified as the
City's Chaparral Area, cognizant that "existing development consists of segmented lot patterns of
varying sizes." As discussed previously the General Plan spelled out constraints and special
development considerations in order to achieve appropriate transition down from the larger lots
found in the Los Ranchitos and Santiago Estates areas. Staff believes that the proposed project
meets that intent.
ENVIRONMENTAL DETERMINATION
An Initial Study has been prepared for this project which determined that although the proposed
project could have a significant effect on the environment, these effects are not considered to be
significant due to mitigation measures contained in the project design and in the Conditions of
Approval. Any potentially significant impacts will be mitigated.
GENERAL PLAN AND ZONING CONSISTENCY
The proposed change of zone from Low Density Residential L1 (1 acre to 2,5 net acre lot sizes)
to Low Density Residential 1_2 (1/2 acre to 1 acre net lot sizes) is consistent with the General Plan
designation which allows for the range of lot sizes from ~ acre to 2 acres. The proposed Tentative
Parcel Map No. 28000 is 'consistent with the General Plan policies regarding the Chaparral Area
of the City of which it is a part. The map is also consistent with the L2 zoning standards as listed
in the Development Code.
SUMMARY/CONCLUSIONS
The change of zone and parcel map lie within the Chaparral Area of the City, for which specific
development standards were imposed due to the constraints in the area. The General Plan
designation placed on the Chaparml Area allow for both L1 or L2 zoning. Since the change of zone
and map comply with the development standards, and the site does not exhibit any of the
constraints characteristics identified in the Chaparral Area, staff recommends approval of the
project.
ZONING AMENDMENT FINDINGS
The proposed zoning amendment is in conformance with the General Plan for Temecula
and with all appliceble requirements of State law and other ordinances of the City. The
General Plan designation allows for two zoning designations, L1 and L2. The proposed
amendment is a change from L1 to L2 zoning.
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The proposed zoning amendment is not detrimental to the public health, safety and general
welfare. The proposal complies with the General Plan adopted by the City of Temecula
designed for the protection of the public health, safety and welfare.
TENTATIVE PARCEL MAP FINDINGS
The proposed land division and the design or improvement of the project is compatible with
the General Plan designation and consistent with the General Plan policies regarding the
Chaparral Area. The site is physically suitable for the type and density of development. The
General Plan Land Use designation for the site is Low Density Residential, 0.5 to 2 dwelling
units per acre.
The design of the proposed land division or the type of improvements is not likely to cause
serious public health problems. The project has been reviewed for conformance with 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
developer received review and approval of the subdivision from the County of Riverside
Department of Environmental Health. A copy of an updated Form SAN53 from this agency
is on file with the Planning Department.
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 existing General Telephone easement will not be affected
by the proposed development. No other known easements exist on the property.
The map as proposed, conforms to the logical development of the site, and is compatible
with the health, safety and welfare of the community. Access and circulation are adequate
for emergency vehicles. Both proposed parcels take access onto Estem Court, a publicly
maintained roadway.
The design of the proposed land division or proposed improvements are not likely to cause
substantial environmental damage or substantially and unavoidably injure fish or wildlife or
their habitat. There are no known fish, wildlife or habitat on the project site, and the project
will not affect any fish, wildlife or habitat off-site, The site is surrounded by development
and is an infill site. Furthermore, grading has already occurred at the site under permits
from Riverside County in 1989. The project will not individually or cumulatively have an
adverse effect on wildlife resources, as defined in Section 711,2 of the Fish and Game
Code.
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Attachments:
PC Resolution for the Change of Zone - Blue Page 7
PC Resolution for the Tentative Parcel Map - Blue Page 10
Exhibit A Conditions of Approval - Blue Page 14
Initial Study - Blue Page 18
Mitigation Monitoring Program - Blue Page 19
Correspondence Received - Blue Page 20
A. Letter dated May 5, 1999 from John & Roberta Martinez
Exhibits - Blue Page 21
A. Vicinity Map
B. Zoning Map
C. General Plan Map
D. Tentative Parcel Map No. 28000
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ATTACHMENT NO. 1
PC RESOLUTION NO. 99-
ZONING AMENDMENT, MAP CHANGE
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ATI'ACHMENT NO. I
RESOLUTION NO. 99-__
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING APPROVAL OF PLANNING
APPLICATION NO. PA97-0446 (ZONING AMENDMENT), TO
CHANGE THE ZONE FROM LI TO L2 ON PROPERTY LOCATED
AT THE SOUTHEAST CORNER OF ESTERO COURT AND
ORMSBY ROAD AND KNOWN AS ASSESSOR'S PARCEL NO.
945-070-011
WHEREAS, Ching G. Lee filed Planning Application No. PA97-0446, in accordance with
the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. PA97-0446 was processed including, but not limited
to public notice, in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. PA97-0446 on
May 19, 1999, at a duly noticed public headng as prescribed by law, at which time the City staff and
interested persons had an opportunity to, and did testify either in support or opposition to this
matter;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of the
testimony, the Commission recommended approval of Planning Application No. PA97-0446;
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 and are hereby incorporated by
reference.
Section 2. Findinqs.
A. The Planning Commission in recommending approval of Planning Application No. PA97-
0446, makes the following findings:
1. The proposed zoning amendment is in conformance with the General Plan for
Temecula and with all applicable requirements of State law and other ordinances of the City. The
General Plan designation allows for two zoning designations, L1 and L2. The proposed
amendment is a change from L1 to L2 zoning.
2. The proposed zoning amendment is not detrimental to the public health, safety and
general welfare. The proposal complies with the General Plan adopted by the City of Temecula
designed for the protection of the public health, safety and welfare.
Section 3. Environmental Compliance. An Initial Study prepared for this project indicates
that although the proposed project could have a significant impact on the environment, there will
not be a significant effect in this case because the mitigation measures described in the Conditions
of Approval for the parcel map have been added to the project, and a Negative Declaration,
therefore, is hereby granted.
',\TEMEC_FS201~DATA~DEPTS\PLANNING\STAFFRPT~.~?.pa97.STAFFRPT PC.dOC 8
Section 4. Conditions. That the-City of Temecula Planning Commission hereby
recommends approval of Planning Application No. PA97-0446 (Zoning Amendment), to change the
zoning on a 1.07 acre parcel of land from L1 to L2 on property located at the southeast corner of
Estero Court and Ormsby Road and known as Assessor's Parcel No. 945-070-011.
Section 5. PASSED, APPROVED AND ADOPTED this nineteenth day of May, 1999.
Ron Guerriero, 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 nineteenth day of
May, 1999 by the following vote of the Commission:
AYES:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
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ATTACHMENT NO, 2
PC RESOLUTION NO. 99-
TENTATIVE PARCEL MAP
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ATTACHMENT NO. 2
RESOLUTION NO. 99-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA97-0~.~~- (TENTATIVE PARCEL MAP NO. 28000) TO
SUBDIVIDE A 1.07 ACRE PARCEL INTO TWO (2) PARCELS
LOCATED ON THE SOUTHEAST CORNER OF ESTERO COURT
AND ORMSBY ROAD AND KNOWN AS ASSESSOR'S PARCEL
NO. 945-070-011
WHEREAS, Ching G. Lee filed Planning Application No. PA97-0'!.!.-! in accordance with the
City of Temecula General Plan, Development Code and Riverside County Land Use and
Subdivision Ordinances, which the City has adopted by reference;
WHEREAS, Planning Application No. PA97-0-!.-!'! was processed including, but not limited
to public notice, in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. PA97-04~~, on
May 19, 1999, at a duly noticed public headng as prescribed by law, at which time the City staff and
interested persons had an opportunity to, and did, testify either in support or opposition to this
matter;
WHEREAS, at the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Commission approved Planning Application No. PA97-0444;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1,
by reference,
That the above recitations are true and correct and are hereby incorporated
Section 2. Findinqs. That the Temecula Planning Commission, in approving Planning
Application No. PA97-0444, hereby makes the following findings as required in Se~;tion 7.1 of
County Ordinance No. 460:
A. The proposed land division and the design or improvement of the project is
compatible with the General Plan designation and consistent with the General Plan policies
regarding the Chaparral Area. The site is physically suitable for the type and density of
development, The General Plan Land Use designation for the site is Low Density Residential, 0.5
to 2 dwelling units per acre. Tentative Parcel Map No. 28000 proposes two residential lots on 1.07
acres, and is consistent with these standards.
B. The design of the proposed land division or the type of improvements is not likely
to cause serious public health problems. The project has been reviewed for conformance with the
City's General Plan, Development Code, and Subdivision 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 developer received review and
approval of the subdivision from the County of Riverside Department of Environmental Health. A
copy of an updated Form SAN53 from this agency is on file with the Planning Department.
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Section 5. PASSED, APPROVED, AND ADOPTED, this nineteenth day of May, 1999.
Ron Guerriero, 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 nineteenth day of May, 1999, by the
following vote of the Commission:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Debbie Ubnoske, Secretary
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EXHIBIT A
CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA97-(:}~,~.~. -Tentative Parcel Map No. 28000
Project Description:
A subdivision of approximately 1.07 net acres into two
(2) residential lots
Assessor's Parcel No,:
Approval Date:
Expiration Date:
945-070-01 ~
(To be determined upon approval of PA97-0446)
(To be determined upon approval of PA97-0446)
PLANNING DIVISION
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant/developer shall deliver to the Community Development Department - Planning
Division a cashier's check or money order made payable to the County Clerk in the amount
of Seventy-Eight Dollars ($78.00) for the County administrative fee, to enable the City to
file the Notice of Determination with a DeMinimus Finding for the Mitigated or Negative
Declaration required under Public Resources Code Section 21108(b) and California Code
of Regulations Section 15075. If within said forty-eight (48) hour period the
applicant/developer has not delivered to the Community Development Department -
Planning Division the check as required above, the approval for the project granted shall
be void by reason of failure of condition (Fish and Game Code Section 711.4(c)).
General Requirements
The tentative subdivision approval date is contingent upon City Council approval of the
Zoning Amendment and the date that the implementing ordinance goes into effect.
The tentative subdivision shall comply with the State of Califomia 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 wdtten request, if made 30 days prior to the expiration date.
4. The applicant and owner of the real property subject to this condition shall heraby agree to
indemnity, protect, hold harmless, and defend with Legal Counsel of the City's own
selection, the City shall be deemed for purposes of this condition, to include any agency or
instrumentality thereof, or any of its elected or appointed officials, officers, employees,
consultants, contractors, legal counsel, and agents from any and all claims, actions,
awards, judgements, or preceedings against the City to attack, set aside, void, annul, seek
monetary damages resulting, directly or indirectly, from any action in furtherance of and the
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
the Planning Application. City shall promptly notify the both the applicant and landowner
of any claim, action, or proceeding to which this condition is applicable and shall further
cooperate fully in the defense of the action. The City reserves its right to take any and all
~\TEMEC_FS201\DATA\DEPTS\PLANNING~STAFFRPT~444pa97.STAFFRFT PC.dOC 15
action the City deems to be in the best interest of the City and its citizens in regards to such
defense.
The applicant shall comply with all mitigation measures contained in the appmved Mitigation
Monitoring Program.
Prior to Issuance of Grading Permits
A copy of the Rough Grading plans shall be submitted and approved by the Planning
Division.
The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal
Code (Habitat Conservation) by paying the appropdate fee set forth in that ordinance or by
providing documented evidence that the fees have already been paid.
Prior to Issuance of Building Permits
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.
Conceptual landscape plans shall be submitted to the Planning Department for review and
approval prior to landscape installation in front yards and slopes.
Prior to Issuance of Occupancy Permits
10. Front yard and slope landscaping within individual lots shall be completed for inspection.
11.
All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
PUBLICWORKS 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.
Prior to Approval of the Certificate of Compliance, unless other timing is indicated, the Developer
shall complete the following or have plans submitted and approved, subdivision improvement
agreements executed and securities posted:
12.
The Developer shall vedfy that all comer monuments are set. Any missing monuments shall
be reset and a Record of Survey or Corner Record filed with the Riverside County
Surveyor's Office prior to approval of the Certificate of Compliance. Evidence of the
existence of monuments and/or filing of the Record of Survey or Corner Record shall be
submitted to the Department of Public Works.
COMMUNITYSERVICES DEPARTMENT
None.
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BUILDING AND SAFETY DEPARTMENT
Prior to the Issuance of a Building Permit
13.
A receipt or clearance letter from the Temecula Valley School District shall be submitted
to the Planning Department to ensure the payment or exemption from School Mitigation
fees.
OTHER AGENCIES
14.
Flood protection shall be provided in accordance with the Riverside County Flood Control
District's transmittal dated February 2, 1998, a copy of which is attached. The fee is made
payable to the Riverside County Flood Control Water Distdct by either a cashiers check or
money order, prior to the issuance of a grading permit (unless deferred to a later date by
the District), based upon the prevailing area drainage plan fee.
15.
The applicant shall comply with the recommendations set forth in the County of Riverside
Department of Environmental Health's transmittal dated April 6, 1999, a copy of which is
attached.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Community Development Department approval.
Applicant Signature
\\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRPT~I44pa97.STAFFRpT PC.doc
17
DAVID P. ZAPPE
General Manager-Chief Engineer
City of Temecula
Plannin Department
43200 ~usiness Park Drive
Temecula, California 9259.0
Attention: ('_. ft ~ fl I. ~'
. Ladies and Gentlemen:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
1995 MARKET STREET
RIVERSIDE, CA 92501
909/275-1200
909/788-9965 FAX
7829.1
· .DOIVf4HO ~'
The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities.
The District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood
hazard reports for such eases. District comments/recommendations for such cases are normally limited to items of
specific interest to the District including District Master Drainage Plan facilities, other regional flood control and
f
draina e facilities which could be considered a logical component or extension o a master plan system, and District
Area ~ainage Plan fees (development mitigation fee~). In addition, information of a general nature is provided.
The District has not reviewed the proposed project in detail and the following checked comments do not in any wa
constitute or imply District approval or endorsement of the proposed project .w~th respect to flood hazard, public heait~
and safety or any other such issue:
V'/This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional
interest proposed.
This project involves District Master Plan facilities. The District will accept ownership of such facilities on
written request of the City. Facilities must be constructed to District standards, and District plan check and
inspection will be required for District acceptance. Plan check, inspection and administrative fees will be
required.
This project proposes channels, storm drains 36 inches or larger in diameter, or other facilities that could be
considered regional in nature and/or a logical extension of the adopted
Master Drainage Plan. The District would consider acceptin ownership of such facilities on written rec[uest
of the City. Facilities must be constructed to District standa;2s, and District plan check and inspection wdl be
required for District acceptance. Plan check, inspection and administrative fees will be required.
v//This project is located within the limits of the District's F~lJ~,
Dra,.age P,an for wh,ch dra,nage fees have been adopted; app,& ,e fees%u,d pa,d by cashiers check
or money order only tO the Flood Control District or City prior to issuance of building or grading permits,
whichever comes first. Fees to be paid should be at the rate in effect at the time of issuance of the actual
permit.
GENERAL INFORMATION
This project may require a National Pollutant Discharge Elimination S stem (NPDES) permit from the State Water
Resources Control Board. Clearance for grading, recordation, or other ~/~al approval should not be given until the City
has determined that the project has been granted a permit or is shown to be exempt.
If this pro'ect involves a Federal EmergenCy Management Agency (FEMA) mapped flood plain, then the City should
require ~e applicant to rovide all studses, calculations, plans and other ~nformation required to meet FEMA
requirements, and should fPurther require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior
to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy.
If a natural watercourse or mapped flood plain is im acted by this project, the City should require the ap licant to
obtain a Section 1601/1603 A reement from the Ca~fornia Department of Fish and Game and a Clean ?/~ater Act
Section 404 Permit from the U.~. Army Corps of En ineers, or wdtten correspondence from these agencies indicating
the project is exempt from these requirements. A'~lean Water Act Section 401 Water Quality Certification may be
required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit.
tru,y yo.,rs,
STUART E. MCKIBBIN
Senior Civil Engineer
c: Date: 25 -7_- - ~ f!5
86:54 '~55F"1 ~ (-- , PaZ es
April 6, 1999
City of Temecula Planning Department
P.O. BOX 9033
Temccula, CA 92589 .....
ATTN: Cerole Don/aoe:
RIg: TENTATIVE PARCEL MAP NO. 28000 (Waiver Requested): PARCEL 4 OF PARCEL MAP
16705, BEING RECORDED IN BOOK 96 PAGES 39 AND 40 OF PARCEL MAPS ON Fn .E IN
OFFICE OF ~ COUNTY RECORDER, COUNTY OF RIVERLSDE, CALII~ORNIA, ALSO BEING
A PORTION OF ~ TEIVIE~ RANCHO.
(2 LOTS)
As this is a Schedule O subdivision .ug. der the determination of County of Riverside Ordlnaucc 460.105, no
water system is required. Normally there would have born a requin:ment that the following stateroom be
stamped an the recorded map ia quarter hch high IetP, rs:
2. NO WATER SYSTEM I8 PROVIDED FOR TItIS LAND DMSION AS OF Tin?, DATE OF
Since a water s-ystcm has be~n identified for P,M. 25538, showing signatures of mylar improvement plans
and specifications as approved by the writer company and the Health Depax'anent and sia~ a wmr system
curren~y exists with domestic service, the %s-builf' permanent prints for P.M. 28000 walcr system shall
bc submi~ed in triplicate, with a minimum scale not less than one inch ccluals 200 feet, along wire the
original drawing, to the City Surnyor and County of Pdvenide Senior Public Health FnEineer- The prints
shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint sl~cifications, and
the size of the m~;n at the j.unCtion ofth~ new system to the existing syst~n. The plans shall comply in all
respects with Division 5, Part I, Chapmr 7 of the California Health and Safety Code, California
Administrative Code, Title 17, Chapter 5, and General Order No. 103 of the Public Utilities Commission of
the State of California, when applicable.
This Department will permit domestic sewage disposal from the individ~ lots at this subdivision as per a
percolazion report submkted KGS Engineering, Project # 43-01, dated 11-03-94-as follows: For ~ach 100
gallons of septic tank capacity, 55 sq.fc of bottom area offeach line only is required.
Limit size of residence to four(4) bedrooms. I~ch line areas are designated on each parcel.
Depa~tmant of Environmental Health staff shall inapcct designed plot plan in field PRIOR to any sLagle
family dwelling pla~s being submiRed for plan check with City of T~ Building and Safety:.
Engineer to verify trenches PRIOR TO ROCK PLACEMENT. :
JTuesday Aprit 6, 1999 7:l]ua -- From '95~890]' -- Page 4i
84/0~/~99~ 86:54 95~ 3 CAC P/:~GE 04
City of Temecula
Page Two
April 6, 1999
When grading is required, the soils engineer must assume theoretical cuts, ~]l~, compaction, etc., and
perform the tests and borings at' file necessary subsurface sawage disposal system depths. PRIOR TO ANY
GRADING, the soils engineer must pwvide a grading plan for review and approval which shall include and
address the following:
a) The proposed cuts and/or fills in the arens ofsubstrfaee se~wage disposal system.
b) The sewage system and it's 100% expansion area, placed in natural undisturbed soft.
c) The elevation of the individual building pads in reference to the elevation of the disposal system.
On those projects where the grading plans am prepared by other than the penon preparing the soils
feasibility report, a s~atemeat must be included on the grating plan subztti~ for review and approval with
the so~s engineers s~afi,re and seal as to the appropriateness of the grading with regard to the conclusions
and recommer, dafiolls set forth in the sobs en~nt~tS feasibility report, fithe final grading exceeds the sobs
engineer's estimate by more than two feet, additional reports may be requLTe&
At the completion of flnnl gladLag, or pdor to any eonstnmtion, the soils engineer of record shall review all
substufac~ sewage disposal dam to incl-,3¢ previous so~s feasibility reports and eonftrm with his signature
and seal on the final grading plan, that the preyious design parameters have been adhered to and that the
subsurface sewage disposal systems recommendations main valid with regard to previons requirement
derails for each sewage disposal system.
A copy of the final grading plan, on a scale'not small~ than 1"--40' maximum with detailed subsurface
sewage disposal d~ to include 100% expa,sion, shah be submitted for review and approval.
The size of the septic tank and effluent disposal area shall be determined based upon the ocampaney of each
individual lot Ther~ sh~ll be an unoccupied area on each lot where sewage disposal, as ~equired above, may
be ~led in conformance with the current Uniform Plumbing Code. There shall be an additional
unoccupied area equal to 100 percent of the above required sewage disposal system for sewage disposal
installation in case of failure. However, sewage disposal systems are considered t~nuporary and ff sewage
lin~s of a sewer district become available, connection to the system should be made at that time.
Gregor Dellenbach, Enviromental Health SpeCialist IV, Land Use
GD:gd
(909) 955-8980
Program
ATTACHMENT NO. 3
INITIAL STUDY
\\TEMEC_FS201\DATA\DEPTS%PLANNING\STAFFRPT~P~,4pa97,STAFFRPT PC.doc
18
City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
Environmental Checklist
Project Title
Lead Agency Name and Address
Contact Person and Phone Number
Project Location
Project Sponsor's Name and Address
General Plan Designation
Existing Zoning
Description of Project
Surrounding Land Uses and Setting
Other public agencies whose approval
is required
Planning Application Nos. PA97o0444 (Tentative Parcel Map No.
28000), PA97-0445 (Waiver of Parcel Map No. 28000) and PA97-
0446 (Change of Zone)
City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
Carole K. Donahoe, AICP, Associate Planner
(909) 694-6400
Southeast corner of Estero Street and Ormsby Road
Ching G. Lee, 2640 Meridian Street, Orange, CA 92867
Low Density Residential (.5 to 2 dwelling units per acre)
Low Density Residential L1 (1 acre to 2.5 net acre lot sizes)
To change the zoning of the property from Low Density Residential
L1 (1 acre to 2.5 net acre lot sizes) to Low Density Residential L2
(1/2 acre to 1 acre net lot sizes); to subdivide the 1.07 net acre site
into two residential lots; and to request a waiver of the final map.
The site is surrounded by residential development, with a single
family subdivision across Ormsby to the west, large-lot single family
homes and vacant lots to the north, east and south.
Temecula Valley Unified School District, Riverside County
Department of Environmental Health, Rancho California Water
District, Southern California Edison
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1
Environmental F~ctors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
X
Land Use Planning
Population and Housing
Geologic Problems
Water
Air Quality
Transportation/Circulation
Biological Resources
Energy and Mineral Resources
X Hazards
X Noise
Public Services
Utilities and Service Systems
X Aesthetics
Cultural Resources
Recreation
Mandatory Findings of Significance
None
Determination
On the basis of this initial evaluation:
X
I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE
DECLARATION will be prepared
I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because revisions in the project have been made by or agreed to by
the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required
' I find that the proposed project MAY have a "potentially significant impact" or "potentially significant
unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in
an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially
significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT
is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to
that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon the proposed project, nothing further is required.
~Jc-~ I,,_,,) 7~.Z~:~/3,t ~,.~ N J April 27, 1999
Signature Date
Carole K. Donahoe, AICP
Printed name
For: City of Temecula
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2
1. Land Use and Planning. Would the project:
Issues and Supposing Information Sources
Physically divide an established community?
Conflict with applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance)
adopted for the purpose of .avoiding or mitigating an
environmental effect?
Conflict with any applicable habitat conservation plan or
natural community conservation plan?
Potentially
potentially Significant Unless Less Than
Significant Mitigation Signiticant NO
Impact incorporated Impact Impact
X
X
i X
Comments:
1 .a. The proposed project is a two-lot parcel split that creates two half acre lots that will be similar in size to
other lots on Estero Court. The proposed project will not physically divide an established community, but
rather, act as a transition buffer between the tract subdivision to the west and the large lot estates to the
south. No adverse environmental impact is anticipated.
1 .b. The proposed zone change, two-lot subdivision and waiver of final map are consistent with the General
Plan designation of Low Density Residential (.5 to 2 dwelling units per acre) which covers both L1 and L2
zoning. The project also complies with the General Plan policieS; regarding the Chaparral Area because of the
following reasons: (1) the development provides the appropriate transition of density (2) the development is
proposed upon a portion of the Chaparra] Area that is relatively flat (3) roadways are already installed (4) an
updated SAN53 letter is on file from Environmental Health confirming the sewage disposal system for the site
(5) retaining walls are not required for access (6) constraints of the Chaparral Area do not exist on the site.
The project, as designed and conditioned, will mitigate potential impacts to a level of insignificance.
1 .c. The habitat conservation plan that applies to the site is for the Stephen's Kangaroo Rat (SKR), for
which mitigation fees are collected at the time of grading permit issuance. The site has been previously
graded and improvements serving the site have already been installed. The applicant shall be conditioned to
show evidence Of SKR mitigation fee payment. No significant effects are anticipated as a result of this project.
R:\CEQA\444pa97.CEQA initial study 99.doc
3
2. POPULATION AND HOUSING. Would the project:
, C.
Issues and Suppot'Ling Information Sources
Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension
of roads or other infrastructure)?
Displace substantial numbers .of existing housing,
necessitating the construction of replacement housing
elsewhere?
Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
Potentially
Polenfjally Significant Unless
Significant M~tigation
Less Than
Significant
Impact
No
Impact
Comments:
2.a. The proposed project is consistent with the City's General Plan. The project will allow for the
construction of two single family dwellings, and due to this small scale of development, it will not be a
significant contributor to population growth, and therefore will not cumulatively exceed official regional or local
population projections. No significant effects are anticipated.
2.b. and c. The site is vacant and therefore no displacemeni of existing housing will occur. No significant
effects are anticipated.
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4
3. GEOLOGY AND SOILS. Would the project?
issues and Supporting Information Sources
Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
involving:
Rupture of a known earthquake fault, as delineated on
the most recent AIquist-Priolo Earthquake Fault Zoning
Map issued by the State Geologist for the area or based
on other substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Publication 42.
ii) Strong seismic ground shaking? X
iii) Seismic-related ground failure, including liquefaction? X
iv) Landslides?
b. Result in substantial soil erosion or the loss of topsoil?
c. Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
Be located on expansive soil, as defined in Table 1801-B
of the Uniform Building Code (1994), creating substantial
risks to life or property?
Have soil incapable of adequately supporting the use of
septic tanks or alternative waste water disposal systems
where sewers are not available for the disposal of waste
water?
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant NO
Impact incorporated Impact Impact
X
X
X
X
X
X
X
Comments:
3.a.ii, iii, b., and d. There may be a potentially significant impact from seismic ground shaking, ground
failure, liquefaction, soil erosion or expansive soils. There are no known fault hazard zones on the property.
However, the project is located in Southern California, an area which is seismically active. Any potential
significant impacts will be mitigated through building construction which is consistent with the Uniform Building
Code standards. Further, the project will be conditioned to provide soil reports prior to grading and
recommendations contained in this report are followed during construction. The soils reports will also contain
recommendations for the compaction of the soil which will serve to mitigate any potentially significant impacts
from seismic ground shaking, seismic ground failure, liquefaction, subsidence and expansive soils. After
mitigation measures are performed, no significant effects are anticipated as a result of this project.
3.a.i. There are no known or identified earthquake faults as delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map. No significant impacts are anticipated as a result of this project.
3.c. The City's General Plan did not identify unstable soil, subsidence or liquefaction hazards in the vicinity
of the subject site. No significant impacts are anticipated as a result of this project.
3.e. Septic sewage disposal systems are proposed for this project. An updated SAN53 letter from the
Riverside County Departmenf of Environmental Health indicates that percolation testing has been
accomplished, and mitigation measures have been applied to the project based upon this testing. After
mitigation measures are performed, no significant effects are anticipated as a result of this project.
R:\CEOA\444pa97.CEQA initial study 99.doc
5
4, HYDROLOGY AND WATER QUALITY. WoulCl the project:
Issues and Suppot'ring Information Sources
Violate any water quality standards or waste discharge
requirements?
Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of
the local groundwater table level (e.g., the production rate
of pre-existing nearby wells would drop to a level which
would not support existing land uses or planned uses for
which permits have been granted)?
Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, in a manner which would result in
substantial erosion or siltation on- or off-site?
Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, or substantially increase the rate or
amount of surface runoff in a manner which would result
in flooding on- or off-site?
Create or contribute runoff water which would exceed the
capacity of existing or planned storm water drainage
systems or provide substantial additional sources of
polluted runoff?
Otherwise substantially degrade water quality?
Place housing within a 100-year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation
map?
Place within a 100-year flood hazard area structures
which would impede or redirect flood flows?
Expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding as a
result of the failure of a levee or dam?
Inundation by seiche, tsunami, or mudflow?
Potentially
Significant
Jmpact
Potenlzal[y
Significant Unless
Mitigation
inc~rporated
X
Less Than
Significant
Impact
X
X
X
X
NO
Impact
X
X
X
X
Comments:
4.a.c. The project may have a potentially significant effect on water quality standards or affect siltation on- or
off-site. Prior to issuance of a grading permit for the project, the developer will be required to comply with the
requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water
Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the
project is shown to be exempt. By complying with the NPDES requirements, any potential impacts can be
mitigated to a level less than significant.
4.b., d., e. and f. The project will have less than a significant effect on the depletion of groundwater
supplies, alteration of drainage patterns, contribution to runoff, or the degradation of water quality. Limited-
changes will occur in the quantity and quality of groundwaters. Additional surface runoff will occur because
previously permeable ground will be rendered impervious by construction of buildings, accompanying
R:\CEQA\444pa97.CEQA initial study 99,doc
6
hardscape and driveways. However, due to the minor scale of the project, these impacts will be considered
insignificant. Furthermore, construction on the site will not be at depths sufficient to have a signficant impact
on ground waters.
4.g., h., i. And j. The project site is not identified within the 100-year flood hazard area nor in an area
subject to dam inundation, seiche, tsunami or mudflow. Therefore, there is little likelihood that the project will
expose housing or people to risk of loss or injury. No significant impacts are anticipated.
AIR QUALITY. Where available, the significance criteria established by the applicable quality
management or air pollution control district may be relied upon to make the following
determinations. Would the project:
Issues and Supporting Information Sources
Conflict with or obstruct implementation of the applicable
air quality plan?
Violate any air quality standard or contribute substantially
to an existing or projected air quality violation?
Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions which
exceed quantitative thresholds for ozone precursors?
Expose sensitive receptors to substantial pollutant
concentrations?
Create objectionable odors affecting a substantial number
of people?
Potentjally
Potentially Significant Unless Less Than
Significant Mitigation Significant NO
Impact Incorporated Impact Impact
4 X
X
X
X
Comments:
5.a., b. and c. The project will not conflict with applicable air quality plans nor violate air quality or pollution
standards. The project proposes two dwelling units on 1.07 acres, which is well below the 166 unit threshold
for potentially significant air quality impact established by the South Coast Air Quality Management District. No
significant impacts are anticipated as a result of this project.
5.d. There are no known sensitive receptors to pollutant concentrations in the immediate vicinity. The
project occupants will not generate significant pollutants. Therefore, no significant impacts are anticipated as
a result of this project.
5.e. The project may create objectionable odors during the construction of residential structures. However,
these impacts are anticipated to be of short duration. With only two residences proposed, the impacts are
considered less than significant.
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7
6. TRANSPORTATION/TRAFFIC. Would the project:
Issues and SuppoSing Inforrcation Sources
Cause an increase in traffic which is substantial in
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to capacity
ratio on roads, or congestion at intersections?
Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
management agency for designated roads or highways?
Result in a change in air traffic patterns, including either
an increase in traffic levels or a change in location that
results in substantial safety risks?
Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
Result in inadequate emergency access?
Result in inadequate parking capacity?
Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus turnouts,
bicycle racks?
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significant
Impact
X
No
Impact
X
X
X
X
X
X
Comments:
6.a. There will be an increase in vehicle trips on adjacent streets, but due to the minor scale of
development, the increase is considered less than significant. According to the League of California Cities,
total vehicle trip ends generated per day from single family homes is 9 per dwelling unit. The project calls for
two dwellings, or a total of 18 trip ends per day.
6.b. The project is similar in nature to adjacent residences which contribute less than a five percent (5%)
increase in existing volumes of traffic. No further traffic studies were required for this project. The developer of
either parcel will be required to contribute traffic signal and public facility development impact fees prior to the
issuance of any building permits: No significant impacts are anticipated.
6.d., e. and g. The project design will not negatively impact emergency access, safe traffic conditions nor
efforts to promote alternative transportation. As a requirement of the project, the developer improved Ormsby
Road, and thereby contributed to the availability of emergency access and safe traffic conditions in the
neighborhood.
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8
7. BIOLOGICAL RESOURCES: Would the project:
Issues and Supporting Information Sources
Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified
as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by the
California Department of Fish. and Game or U.S. Fish and
Wildlife Service?
Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
Have a substantial adverse effect of federally protected
wetlands as defined by Section 404 of the Clean Water
Act (including, but not limited to, marsh, vernal pool,
coastal. etc.) through direct removal, filing, hydrological
interruption, or other means?
Potentially
Significant
impact
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
impact
X
X
X
Interfere substantially with the movement of any native'
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,
or impede the use of native wildlife nursery sites?
Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
Conflict with the provisions of an adopted habitat
Conservation Plan, Natural Community Conservation
Plan, or other approVed local, regional, or state habitat
conservation plan?
X
X
X
Comments:
7.a. thru f. The project site was rough graded and compacted in 1989, and a report from' W. C. Hobbs
Consulting Engineer describing same dated November 17, 1989 is on file. A Biological Survey for Tentative
Tract Map No. 25607, completed on February 14, 1990 by Donald D. Sutton, Ph.D., confirms that the site has
been graded and cleared more than once. The report indicates that no sensitive, threatened or endangered
plant species are expected to be found in the vicinity of the project site, nor is it a suitable corridor for wildlife
movement because medium to dense development along Pauba Road has blocked movement across the
property. The project will not have a significant impact on endangered species, riparian habitat, wetlands,
wildlife corridors, or conservation plans.
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9
8. MINERAL RESOURCES. Would the project:
Issues and Supporting Information Sources
Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
Result in the loss of availability of a locally-important
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
Potentially Significant Unless Less Than
Significant Mitigation Signi~cant No
Impact Incorporated Irnpac~ Impact
X
X
Comments:
8.a. and b. The project will not result in the loss of available, known mineral resources nor in the loss of an
available, locally-important mineral resource recovery site. The State Geologist has classified the City of
Temecula a classification of MRZ-3a, containing areas of sedimentary deposits which have the potential for
supplying sand and gravel for concrete and crushed stone for aggregate. However, th~se areas are
determined as not containing deposits of significant economic value based upon available data in reports
prepared in accordance with the Surface Mining and Reclamation Act (SMARA) of 1975.
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10
9. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
Issues and Suppealing Information Sources
Create a significant hazard to the public or the
environment through the routine transportation, use, or
disposal of hazardous materials?
Crate a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or acutely
hazardous materials, substances, or waste within one-
quarter mile of an existing or proposed school?
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
X
X
Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment?
For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles or a public airport or public use airport, would the
project result in a safety hazard for people residing or
working in the project area?
For a project within the vicinity of a private airstrip, would
the project result in a safety hazard for people residing or
working in the project area?.
Impair implementation of or physically interfere with an
adopted emergency response plan or emergency
evacuation plan?
Expose people or structures to a significant risk or loss,
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
X
X
X
X
X
Comments:
9.a., b., c. and d. The project will not cause a significant hazard to the public through the use or release of
hazardous substances since none are proposed in the request. Large quantities of hazardous or toxic
materials will not be associated with this use. The Department of Environmental Health has reviewed the
project and has no objections.
9.e. and f. The project site is not located within an airport land use plan, within two miles of a public or
private airstrip. No significant impact upon airport uses will result from this proposal.
9.g. The project will take access from maintained public streets and will therefore not impede emergency
response or evacuation plans. No significant impacts are anticipated as a result of this project.
9.h. The Temecula area is surrounded by rolling foothills and mountains and is accordingly at risk of
wildland fire. The project is located within the 'Chaparral Area which is characterized by moderately sloped
R:\CEQA\444pa9?.CEQA initial study 99,doc
11
hillsides and segmented tot patterns of varying sizes. The project will be required to satisfy fire flow
requirements, street widths, design and fuel modification requirements, as established by the fire and police
departments. With mitigation measures in place, th~ project will not expose people or structures to a
significant risk to wildland fires.
10. NOISE. Would the project result in:
Issues and Supporting Information Sources
Exposure of people to severe noise levels in excess of
standards established in the local general plan or noise
ordinance, or applicable standards of other agencies?
Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise levels?
A substantial permanent increase in ambient noise levels
in the project vicinity above levels existing without the
project?
A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project?
For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project expose people residing or working in the project
area to excessive noise levels?
For a project within the vicinity of a private airstrip, would
the project expose people residing or working in the
project area to excessive noise levels?
Potentially
Polentjally Significant Unless Less Than
Significant Mitigation Significant NO
X
X
X
X
X
X
Comments:
10.a. The project may result in an increase to existing noise levels. The site is currently vacant and
development of the land logically will result in noise increases over the long run. However, long-term noise
generated by this project would be similar to existing and proposed uses in the area. Due to the small scale of
the project (two residences), the impacts are anticipated to be less than significant.
10.b., e and f. The project site is not near uses with excessive groundborne noise levels, nor is it near airport
land uses. No exposure to excessive noise levels from these uses are anticipated.
10.d. The project may result in temporary or periodic increases in ambient noise levels during construction.
Construction machinery is capable of producing noise in the range of 100+ DBA at 100 feet which is
considered very annoying. However, this source of noise from construction of the project will be of short
duration and therefore would not be considered significant. Furthermore, construction activity will comply with
City ordinances regulating the hours of activity in residential areas. No significant impacts are anticipated.
R:\CEQA\444pa97.CEQA initial study 99.doc
11. PUBLIC SERVICES: Would the proposal have an effect upon, or result in a need for new or
altered Government services in any of the following areas:
Pc~tentially
i Potentially Significant Unless Less Than
Significant Mitigabon Significant
Issues and Supporting Information Sources Impact Incorporated Impact
a. Would the project result in substantial adverse physical
X
impacts associates with the provisions of new or
physically altered governmental facilities, need for new or
physically altered governmental facilities, the construction
of which could cause significant environmental impacts,
in order to maintain acceptable service ratios, response
times or other performance objectives for any of the
public services?
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
b. X
c. X
d. X
le. X
If. X
NO
Impact
Comments:
11 .a., b., c., e. and f. The project will have a less than significant impact upon, or result in a need for new or
altered fire, police, recreation or other public facilities. The project will incrementally increase the need for
some services. However, the project will contribute its fair share to the maintenance or provision of services
from these entities. Due to its small scale, less than significant impacts are anticipated.
11 .d. The project will have a less than significant impact upon, or result in a need for new or altered school
facilities. The project will not cause significant numbers of people to relocate within or to the City. The
cumulative effect from the project will be mitigated through the payment of applicable School Fees. Less than
sign~cant impacts are anticipated.
R:',CEQA\444pa97.CEQA initial study 99.doc
12. UTILITIES AND SERVICE SYSTEMS: Would the project:
Issues and Suppoffing Information Sources
Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
. facilities, the construction of which could cause significant
~ environmental effects?
Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant
environmental effects?
Have sufficient water supplies available to serve the
project from existing entitlemerits and resources, or are
new or expanded entitlements needed?
Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has
adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
f. Be served by a landfill with sufficient permitted capacity to X
accommodate the project's solid waste disposal needs?
g. Comply with federal, state, and local statutes and X
regulations related to solid waste?
Potentially
Potentially Signiticant Unless Less Than
Signiticant Mitigation Significant No
Impact Incoff~orated Impact Impact
X
X
X
X
X
Comments:
12.a., b. and e. The project will not exceed wastewater treatment requirements, require the construction
of new treatment facilities, nor affect.the capacity of treatment providers. The project will have an incremental
effect upon existing systems. However, the Final Environmental Impact Report (FEIR) for the City's General
Plan states: "implementation of the proposed General Plan would not significantly impact wastewater services."
Since the project is consistent with the City's General Plan, no significant impacts are anticipated as a result of
this project.
12.c. The project will not result in the need for new storm water drainage facilities. The drainage system for
the project site is already in place and drainage fees are required by the Riverside County Flood Control and
Water Conservation District for the Murrieta Creek/Temecula Valley Area Drainage Plan. No significant
impacts are anticipated.
12.d. The project will not significantly impact existing water supplies nor require expanded water entitlements.
The project will have an incremental effect upon existing systems. However, the Final Environmental Impact
Report (FEIR) for the City's General Plan states: "both Eastern Municipal Water District and Rancho California
Water District have indicated an ability to supply as much water as is required in their service areas." Since
the project is consistent with the City's General Plan, no significant impacts are anticipated as a result of this
project.
12.f. and g. The project will not result in a need for new landfill capacity. Any potential impacts from solid
waster created by this development can be mitigated through participation in Source Reduction and Recycling
Programs which are implemented by the City. No significant impacts are anticipated as a result of this project.
R:\CEQA\444pa97.CEQA initial study 99.doc
14
13. AESTHETICS. Would the project:
Issues and Supporting Information Sources
Have a substantial adverse effect on a scenic vista?
Substantially damage scenic resources, including, but not
limited to, trees, rock outcropping, and historic building
within a state scenic highway?
Substantially degrade the existing visual character Or
quality of the site and its surroundings?
Create a new Source of substantial light or glare which
would adversely affect day or nighttime views in the
area?
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant
Impact Incorporated Impact
X
No
Impact
X
X
X
Comments:
13.a., b. and c. The project will not subs!antially degrade a scenic vista, resources, or visual character.
The proposed residential development of the two parcels will comply with the City's Code requirements
governing such development, and will be similar in nature to surrounding single family residences. No
significant effects are anticipated as a result of this project.
13.d. The project could potentially impact nighttime views by creating new ~ources of light or glare. However,
the project will be conditioned to comply with Ordinance No. 655, an ordinance regulating light pollution within
the City. After mitigation measures are in place, no significant impacts are anticipated as a result of this project.
R:\CEQA\444pa97.CEOA initial study 99.doc
15
14. CULTURAL RESOURCES. Would the project:
Issues and Supporting Information Sourues
Cause a substantial adverse change in the significance of
a historical resource as defined in Section 1506.57
Cause a substantial adverse change in the significance of
an archaeological resource pursuant to Section 1506.5?
Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
Disturb any human remains, including those interred
I outside of formal cemeteries?
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant
Impact incorporated Impact
Comments:
14.a, through d. The project site has been previously graded and compacted. No significant im
cultural resources are anticipated as a result of the project.
No
Impact
X
X
X
i X
3acts to
R:\CEQA\444pa97.CEQA initial study 99.doc
15. RECREATION. Would the project:
issues and Supporting Information Sources
Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the
facility would occur or be accelerated?
Does the project include recreational facilities or require
the construction or expansion of recreational facilities
which might have an adverse physical effect on the
environment?
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Irnpact Impact
X
X
Comments:
15.a. and b. The project developer has voluntarily paid Quimby Fees collected by the Temecuia Community
Services District to mitigate any significant impact to recreation facilities of the City. No significant impacts are
anticipated.
R:\CEQA%444pa97.CEQA initial study 99.doc
17
16. MANDATORY FINDINGS OF SIGNIFICANCE:
issues and Supporting Information Sources
Does the project have the potential to degrade the quality
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population
to drop below self-sustaining levels, threaten to eliminate
a plant or animal community, reduce the number of
restrict the range of a rare or endangered plant or animal
or eliminate important examples of the major periods of
California history or prehistory?
Does the project have impacts that are 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 indirectly?
Potentially
Potentiafiy Significant Unless Less T~an
Significant Mitjgation Significant No
Impact Inco~orated impact impact
X
X
X
Comments:
16.a. Due to the existing condition of the site, having been previously graded and compacted, the project
does not have the potential to degrade habitat, plant or animal communities, or historical resources.
16.b. There are potentially cumulative effects from the project. However, due to the small scale of
development (two residential lots), the cumulative impact is not considerable.
16.c. The project does not have the potential to cause substantial adverse effects on human beings, directly
or indirectly. The project could be considered an infill project within a partially developed residential area.
Development is anticipated to be similar to other construction in the neighborhood.
R:\CEQA\444pa97.CEQA initial study 99.doc
18
17. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR,
or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or
negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following
on attached sheets.
Earlier analyses used. Identify earlier analyses and state where they are available for review.
Impacts adequately addressed. Identify which affects from the above check list were within the
scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and
state whether such effects were addressed by mitigation measures based on the earlier analysis.
Mitigation measures. For effects that are "Less than Significant with Mitigation incorporated,"
describe the mitigation measures which were incorporated or refined from the earlier document and
the extent to which they address site-specific conditions for the project.
SOURCES
City of Temecula General Plan.
City of Temecula General Plan Final Environmental Impact Report.
South Coast Air Quality Management District CEQA Air Quality Handbook.
R:\CEQA\444pa97,CEQA initial study 99,doc
ATTACHMENT NO. 4
MITIGATION MONITORING STUDY
\\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRPT~.44pa97.STAFFRPT PC.doc
19
Land Use Plannina
General Impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring Party:
Mitigation Monitoring Program
Planning Application No. PA97-0~.~-
(Tentative Parcel Map No. 28000)
Conflict with applicable land use plan, policy or regulation.
Ensure that development of the site complies with Conditions of Approval
Grading plans shall be submitted for review and approval.
Prior to the issuance of grading permits.
Department of Public Works and Planning Department.
General Impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring Party:
Conflict with applicable land use plan, policy or regulation.
Ensure that development of the site complies with Conditions of Approval
A Consistency Check process shall be conducted.
Prior to the issuance of building permits.
Department of Building & Safety and Planning Department.
Geoloqic Problems
General impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring Party:
Expose people to impacts from seismic ground shaking.
Ensure that soil compaction is to City Standards.
A soils report prepared by a registered Civil Engineer shall be submitted
to the Department of Public Works with the initial grading plan check.
Building pads shall be certified by a registered Civil Engineer,
Prior to the issuance of grading and building permits.
Department of Public Works and Building and Safety Department.
General Impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring Party:
Expose people to impacts from seismic ground failure, including
liquefaction.
Ensure that soil compaction is to City Standards.
A soils report prepared by a registered Civil Engineer shall be submitted
to the Department of Public Works with the initial grading plan check.
Building pads shall be cedified by a registered Civil Engineer.
Prior to the issuance of grading and building permits.
Department of Public Works and Building and Safety Department.
R:%CEOA~444pa97.Mitigatjon Monitoring Pgm.doc
1
General Impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring Party:
Expose people te risks to life or property due to expansive soils.
Utilize construction techniques that are consistent with the Uniform
Building Code,
Submit construction plans to the Building and Safety Department for
approval,
Prior to the issuance of a building permit.
Building and Safety Department.
General impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring Party:
Install septic tanks where soils are incapable of adequately supporting
their use.
Ensure that soils are prepared based upon percolation testing.
The site shall be inspected during construction for compliance with the
recommendations from approved percolation tests.
Prior to the issuance of grading and building permits.
Department of Public Works and Building and Safety Department.
Water
General Impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring Party:
The project will violate water quality or waste discharge requirements
An erosion control plan shall be prepared in accordance with City
requirements and a Storm Water Pollution Prevention Plan (SWPPP)
shall be prepared in accordance with the National Pollution Discharge
Elimination System (NPDES) requirements.
The applicant shall submit a SWPPP to the San Diego Regional Water
Quality Control Board (SDRWQCB) for their review and approval.
Prior to the issuance of a grading permit.
Department of Public Works and SDRWQCB (for SWPPP).
General Impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring Party:
The project will substantially alter the existing drainage pattern of the site
An erosion control plan shall be prepared in accordance with City
requirements and a Storm Water Pollution Prevention Plan (SWPPP)
shall be prepared in accordance with the National Pollution Discharge
Elimination System (NPDES) requirements.
The applicant shall submit a SWPPP to the San Diego Regional Water
Quality Control Board (SDRWQCB) for their review and approval.
Prior to the issuance of a grading permit.
Department of Public Works and SDRWQCB (for SWPPP).
R:\CEQA\444pa97.Mitjgatjon Monitoring Pgm.doc
2
TransDortation/Circulation
General Impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring Party:
General Impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring Party:
Biolo~lical Resources
General Impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring Party:
Hazardous Materials
General impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring Party:
Increase in vehicle tdps or traffic congestion.
Payment of Development Impact Fee for road improvements and traffic
impacts.
Payment of the Public Facilities Development Impact Fee as required by,
and in accordance with, Chapter 15.06 of the TemecUla Municipal Code,
Prior to the issuance of building permits.
Building and Safety Department.
Increase in vehicle trips or traffic congestion.
Payment of Development Impact Fee for traffic signal mitigation.
Payment of the Public Facilities Development Impact Fee as required by,
and in accordance with, Chapter 15.06 of the Temecula Municipal Code.
Prior to the issuance of building permit.
Building and Safety Department.
Endangered, threatened or rare species or their habitats (including but
not limited to plants, fish, insects, animals and birds).
Pay Mitigation Fee for impacts to Stephens Kangaroo Rat.
Pay $500.00 per acre of disturbed area of Stephens Kangaroo Rat
habitat.
Prior to the issuance of a grading permit.
Department of Public Works and Planning Department.
Expose people or structures to a significant risk or loss involving wildland
rites.
Payment of Development Impact Fee for Fire Mitigation.
Payment of the Public Facilities Development Impact Fee as required by,
and in accordance with, Chapter 15.06 of the Temecula Municipal Code.
Prior to the issuance of building permit.
Building & Safety Department.
R:\CEOA'~.44pa97.Mifdgation Monitoring Pgm.doc
3
General Impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring Party:
Expose people er structures to a significant risk or loss involving wildland
fires.
Ensure adequate fire flow, street widths and fuel modification
requirements are met.
Review of construction plans for compliance with Fire and Building
Codes.
Prior to the issuance of building permit.
Building & Safety Department and Fire Department.
Noise
General Impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring Party:
Expose people to a substantial temporary or periodic increase in ambient
noise levels.
Construction activity shall comply with City ordinances regulating the
hours of activity in residential areas.
City inspectors shall periodically monitor the construction site to ensure
compliance.
During active construction of the site.
Building & Safety Department and Department of Public Works.
Public Services
General Impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring Party:
A substantial effect upon and a need for new/altered schools. No
significant impacts are anticipated.
Payment of School Fees.
Pay current mitigation fees with the Temecula Valley Unifif~d School
District.
Prior to the issuance of building permits.
Building & Safety Department and Temecula Valley Unified School
District.
R:~CEQA\444pa97.Mitigatjon Monitoring Pgm.doc
4
General Impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring Party:
AESTHETICS
General Impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring Party:
A substantial effect upon and a need for maintenance of public facilities,
including roads.
Payment of Development Impact Fee for road improvements, traffic
impacts, and public facilities.
Payment of the Public Facilities Development Impact Fee as required by,
and in accordance with, Chapter 15.06 of the Temecula Municipal Code.
Prior to the issuance of building permits.
Building and Safety Department.
The creation of new light sources will result in increased light and glare
that could affect the Palomar Observatory.
Use lightingtechniques that are consistent with Ordinance No. 655.
Submit lighting plan to the Building and Safety Department for approval,
Prior to the issuance of a bui!ding permit.
Building & Safety Department,
R:\CEQA~44pa97.Mif~gation Monitoring Pgm.doc
5
ATTACHMENT NO, 5
CORRESPONDENCE
~\TEMEC_FS201\DATA\DEPTS\PLANNtNG\STAFFRPT~I44pa97.STAFFRpT PC.doc
20
From the desk of ......
JOHN MARTINEZ
May 5, 1999
City of Temecula, Council Chambers
43200 Business Park Dr.
Temecula, Calif. 92990
R.E. Planning Application#PA 97-044 & PA 97-0446
Gentleman,
As being a Home owner across.the street from the proposed Application
to change the zone, My wife and I are against this change, for a
couple of reasons.
One the Los Ranchitos are 2 acres or more and the Santiago Estates
are 2 acres or more, why should this rural are should be any different?
About 4 or 5 years ago, the change the size of the lots from 2.5
acres to 1 to 1.25 acres, we think this is going to far.
Yours Truly,
ATTACHMENT NO. 6
EXHIBITS
\\TEMEC_FS201~DATA\DEPTS%PLANNING%STAFFRPTVI44pa97.STAFFRPT PC,doc
21
CITY OF TEMECULA
CASE NO. - PLANNING APPLICATIONS PA97-0444 AND PA97-0446
EXHIBIT - A
PLANNING COMMISSION DATE - MAY 19, 1999
VICINITY MAP
R:\STAFFRPT~444pa97,STAFFRPT PC.doc
CITY OF TEMECULA
EXHIBIT B - ZONING MAP
DESIGNATION - L1 EXISTING; L2 PROPOSED
LM
LM
EXHIBIT C - GENERAL PLAN
DESIGNATION - LOW DENSITY RESIDENTIAL (.5 TO 2 DWELLING UNITS PER ACRE)
CASE NO. - PLANNING APPLICATIONS PA97-0~.~.~. AND PA97-0446
PLANNING COMMISSION DATE - MAY 19, 1999
R:\STAFFRPT~444pa97.STAFFRpT PC.(JOc
CITY OF TEMECULA
TENTATIVE- PARCEL MAP NO.
Pt,ANNIHC, AFR,ICATIOH HO. 'p/197-~44~; c~/~c.E o~' zo~/~'
28000
i/ \\ \
\ \
\ \
CASE NO. - PLANNING APPLICATIONS PA97-0444 AND PA97-0446
EXHIBIT - D TENTATIVE PARCEL MAP NO. 28000
PLANNING COMMISSION DATE - MAY 19, 1999
R:\STAFFRPT~444pa97,STAFFRPT PC.doc
ITEM #8
STAFF REPORT o PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
May 19, 1999
Planning Application No. PA99-0t 60
Prepared By: David Hogan, Senior Planner
RECOMMENDATION:
The Community Development Department - Planning Division Staff
recommends the Planning Commission:
ADOPT Resolution No. 99- recommending that the City Council
adopt an Ordinance entitled "An Ordinance Of The City Council Of
The City Of Temecula Amending The Old Town Specific Plan To
Modify The Parking Standards In The Core Of Old Town Temecula
(Planning Application No. PA99-0160)"
BACKGROUND
The Old Town Specific Plan was initially approved in 1994. One of the components of the Specific
Plan was the provision of additional parking in the core area of Old Town. This item has been
under
active discussion since 1997. In 1998, the City Council appointed councilmembers Lindemans and
Ford to a subcommittee to review possible parking options in Old Town and make a
recommendation on how to address this issue. The subcommittee members met on March 2, 1999
to review the situation and discuss the various options. As a result of their meeting, the
subcommittee suggested that the City eliminate the parking standard for all uses in the core of Old
"Town Temecula and that the City should provide the necessary parking in several public lots
spread throughout Old Town.
The subcommittee's recommendation has resulted in the current proposal to eliminate the off-street
parking requirement in the Tourist Retail Core and the Community Commercial/Tourist Support
Districts. These two areas represent the heart of Old Town Temecula. The current parking
standards (from the Development Code) would continue to apply to the remaining eight districts
of the Specific Plan.
Staff believes that this amendment is essential to induce new development in Old Town and
preserve it's pedestrian and histodc character. The City and the Redevelopment Agency are
currently acquiring sites in the area for additional public parking.
ENVIRONMENTAL DETERMINATION
This plan amendment'is a minor modification to the some of the on-site parking requirements
contained in the previously adopted specific (community) plan. The amendment will not change
any of the potential physical impacts to the environment associated with implementing the Old
Town Specific Plan. As a result, this action is exempt from environmental review according to the
provisions of 15061(b)(3) of the CEQA Guidelines. Section 15061 (b)(3) states that CEQA applies
only to activities which have the potential for causing a significant effect on the environment.
R:\STAFFRPT~160pa99 PC.doc
1
FINDINGS
1. The proposed amendment to the Old Town Specific Plan is consistent with the adopted City
General Plan.
2. The proposed amendment is consistent with the long-term goals and objectives contained
in the Old Town Specific Plan.
3. The proposed amendment will further the redevelopment and revitalization of the Old Town
area.
Attachments:
1. PC Resolution - Blue Page 3
Exhibit A - Blue Page 6
2. Old Town Specific Plan Land Use Map - Blue Page 9
R:\STAFFRPT~160pa99 PC.doc
2
ATTACHMENT NO. 1
PC RESOLUTION NO. 98-
R:\STAFFRPT~160pa99 PC.doc
3
RESOLUTION NO. 99-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE
OLD TOWN SPECIFIC PLAN TO MODIFY THE PARKING
STANDARDS IN THE CORE OF OLD TOWN TEMECULA
(PLANNING APPLICATION NO. PA99-0160
WHEREAS, a Subcommittee of the City Council has suggested that the parking standards
in the Old Town area be amended to further encourage the revitalization of this historic area;
WHEREAS, Planning Application No. PA99-0160 was processed including, but not limited
to public notice, in the time and manner proscribed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. PA99-0160 on
May 19, 1999, at a duly noticed public headng as proscribed by law, at which time the City staff and
interested persons had an opportunity to, and did testify either in suppod or opposition to this
matter;
WHEREAS, at the conclusion of the Commission headng and after due consideration of the
testimony, the Commission recommended approval of Planning Application No. PAgg-0160;
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 and are hereby incorporated by
reference.
Section 2. Findinqs. The Planning Commission in recommending approval of Planning
Application No. PA99-0160, makes the following findings:
1. The proposed amendment is consistent with the long-term goals and
objectives contained in the Old Town Specific Plan.
2. The proposed amendment will further the rodevelopment and revitalization
of the Old Town aroa.
Section 3. Recommendation of Approval The Planning Commission hereby recommends
that the City Council adopt the Ordinance, substantially in the form that is contained in Exhibit A,
attached to this Resolution.
Section 4. Environmental Compliance. This amendment to the Old Town Specific Plan
is represents a minor modification to the some of the on-site parking requirements contained in the
previously adopted community plan. The amendment will not change any of the potential physical
impacts to the environment associated with implementing the Old Town Specific. As a result, this
action is exempt from environmental review according to the provisions of 15061 (b)(3) of the CEQA
Guidelines.
R:\STAFFRPT~160pa99 PC,doe
4
Section 5. PASSED, APPROVED AND ADOPTED this 19th day of May, 1999.
Ron Guerriero, Chairperson
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 19~ day of May, 1999
by the following vote of the Commission:
AYES:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
R:%STAFFRP'i'~160pa99 PC.doc
5
EXHIBIT A
PROPOSED ORDINANCE
R:\STAFFRPT%160pa99 PC,doc
6
ORDINANCE NO. 99-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE OLD TOWN SPECIFIC PLAN TO
MODIFY THE PARKING STANDARDS IN THE CORE OF OLD
TOWN TEMECULA (PLANNING APPLICATION NO. PA99-0160)
THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1.
as follows:
Section III. F. 2. of the Old Town Specific Plan is hereby amended to read
"2. Parking The parking requirements for the Specific Plan shall be the same as those
delineated in Chapter 17.24 of the Development Code, as amended, except that no on-site parking
is required for uses within the Tourist Retail Core (TRC) and Community Commercial/Tourist
Support (CCTS) Planning Areas."
Section 2.
following findings:
Findinqs. In adopting this Ordinance, the City Council hereby makes the
A. The proposed Specific Plan Amendment promotes the public interest,
health, safety, convenience or welfare of the City because the City will be providing public parking
spaces that may be used by all visitors to Old Town.
B. The proposed Specific Plan Amendment ensures the development of
desirable character that will be compatible with both the existing and proposed development in the
surrounding area and would promote the preservation of the histodc character of Old Town.
Section 3. Environmental Determination. This plan amendment represents a minor
modification to the some of the on-site parking requirements contained in the previously adopted
community plan. The amendment will not change any of the potential physical impacts to the
environment associated with implementing the Old Town Specific. As a result, this action is exempt
from environmental review according to the provisions of 15061 (b)(3) of the CEQA Guidelines.
Section 4. Severabilitv. The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or Section of this Ordinance to be invalid, such decision shall not affect the
validity of the remaining parts of this Ordinance.
Section 5. This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Councilmembers voting thereon, it shall be published in a newspaper published and circulated in
said City.
R:\STAFFRPT~160pa99 PC,doc
7
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this
__ day of ,1999.
ATTEST:
Steven J. Ford, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA)
I, Susan W. Jones, City Clerk of the City of Temecula, Califomia, do hereby certify that the
foregoing Ordinance No. __ was duly introduced and placed upon its first reading at a regular
meeting of the City Council on the __ day of , 1999, 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 ,1999 by the following roll cell vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC
CityClerk
R:\STAFFRP'i~160pa99 PC.doc
8
ATTACHMENT NO. 2
OLD TOWN SPECIFIC PLAN LAND USE MAP
R:\STAFFRPT%160pa99 PC.dec
9
i
ITEM #9
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
May 19, 1999
Subdivision Ordinance, Title 16 of the Development Code
Prepared 'By: Stephen Brown, Senior Project Planner
RECOMMENDATION:
The Planning Department Staff recommends the Planning
Commission:
APPLICATIONINFORMATION
APPLICANT:
REPRESENTATIVE:
PROPOSAL:
LOCATION:
EXISTING ZONING:
SURROUNDING ZONING:
PROPOSEDZONING:
GENERALPLAN DESIGNATION:
EXISTING LAND USE:
SURROUNDINGLAND USES:
Recommend that the City Council adopt a Negative
Declaration for Title 16 of the Temecula Development Code;
and
Recommend that the City Council approve the City of
Temecula's Subdivision OrdinAnce, Title 16 of the
Development Code
City of Temecula
N/A
An Ordinance pertaining to the subdivision, reconfiguration
and/or consolidation of land within the City of Temecula
City Wide
N~A
North: N~A
South: N~A
East: N~A
West: N~A
N~A
N~A
N~A
North: N~A
SoUth: N~A
East: N~A
West: N~A
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PROJECT STATISTICS
Total Area N/A
BACKGROUND
With the adoption of the City's first General Plan the need for a comprehensive subdivision
ordinance was recognized as a necessity to fully implement the plan. The proposed ordinance has
been prepared to bring the City's subdivision standards into compliance with the State Subdivision
Map Act and to reflect local development needs.
PROJECT DESCRIPTION
The City of Temecula adopted County Subdivision Ordinance 460 after incorporation. This
document is still currently in use. Because of its obvious odgin, Ordinance 460 contains numerous
references to the County of Riverside and is not suited for regulating land division activity within
the City of Temecula. The proposed subdivision ordinance, while similar to Ordinance 460, has
been developed to serve the needs of the City by simplifying the format, reducing extraneous
content, and removing all unnecessary references to the County of Riverside.
The purpose of this Ordinance is to control the preparation, processing, and approval of all
tentative maps, final tract maps, final parcel maps, lot line adjustments, parcel mergers, reversions
to acreage and waivers within the City limits. This ordinance will ensure that the subdivision activity
within the City is consistent with the State Subdivision Map Act and the General Plan of the City.
ANALYSIS
Deletion of Unnecessarv Map Schedules and References
This ordinance is created specifically for the current and future land division requirements of the
City. To this end, staff determined that the nine different subdivision improvement schedules in
Ordinance 460 were not necessary for the City. This approach afforded the opportunity to simplify
the subdivision process by focusing on the two primary vehicles for land division: the Tract Map and
the Parcel Map. The new ordinance provides for one general standard of land division improvement
that applies to both tract and parcel maps. The diffedng improvement schedules of Ordinance 460
have been replaced by one set of development standards. Processing procedures unique to tract
and parcel maps are treated in separate sections of the new ordinance. Further, changes to the
ordinance include the elimination of language that references the County and does not apply to the
City.
Traditional NeiGhborhood Development
In response to new directions in urban planning, staff has included subdivision standards for
Traditional Neighborhood Development (TND). The purpose of this new section is to allow for the
development of fully integrated mixed-use pedestrian oriented neighborhoods. The intent of the
TND is to minimize traffic congestion, urban sprawl, infrastructure costs, and environmental
degradation. The provisions of the new section adapt urban conventions that were normal in the
United States prior to World War I1 and were based on the following design principles:
· All neighborhoods should have identifiable centere and edges.
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· Edge lots should be readily accessible to retail and recreation by non-vehicular means (a
distance of no greater than 1/4 mile).
· Uses and housing ~ypes should be mixed and located in close proximity to one another.
· Street networks should be interconnected and blocks should be small.
· Civic buildings are given prominent sites throughout the neighborhood.
These proposed subdivision standards are intended to work in concert with anticipated changes
in the Development Code and the Design Guidelines, which are currently under preparation.
Effect of Annexation on Tentative and Final Tract MaDS
This ordinance proposes procedures for the treatment of current subdivision maps within the
County that fall under City jurisdiction after annexation into the City. Maps that have been recorded
will be honored without any modifications to the map or agreements relating to the subdivision.
Tentative, or unrecorded maps, will be required to under go revision to the new City development
standards within 24 months of annexation. All maps that require revisions due to annexation will
be processed in the prescribed manner of this new ordinance.
Coordinatinq Committee ReQuest
The City Coordinating Committee was offered an opportunity to comment on the preliminary draft
Subdivision Ordinance. Only one comment on the draft text was forwarded to the Planning
Department regarding the number of time extensions that a tract or a parcel map could receive.
Under the current City Ordinance 460, maps can be extended for an additional three years beyond
the initial 36-month approval. This new Subdivision Ordinance would perTnit an additional five one-
year extensions after the initial thirty-six month approval. Under the proposed ordinance, the life
of a tentative map could total and aggregate of eight years before recordation. This proposal is
consistent with both the City of Murrieta and Riverside County's subdivision ordinances.
ENVIRONMENTAL DETERMINATION
A Negative Declaration was prepared for this Ordinance which found no significant impacts as a
result of the adoption of this Ordinance.
SUMMARY/CONCLUSIONS
It is the intent of the City of Temecula to establish an ordinance to regulate land divisions and other
subdivision related activities. It is further the intent of the Ordinance to regulate subdivisions in
order to protect the public health, safety and welfare. This Ordinance provides a mechanism
whereby the City can implement the State Subdivision Map act and permit legal land divisions.
FINDINGS
Section 66411 of the Government Code provides that regulation and control of the design
and improvement of subdivisions are vested in the legislative bodies of local agencies.
2. There is a need to adopt a City Subdivision Ordinance to protect the public health, safety,
and welfare,
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3. This Ordinance complies with all applicable requirements of the State Subdivision Map act
and local ordinances.
4. The proposed ordinance is consistent with the General Plan.
Attachments:
Ordinance No. 99- - Blue Page 5
PC Resolution No. 99- - Blue Page 6
Initial Study - Blue Page 9
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AI'I'ACHMENT NO. 1
ORDINANCE NO. 99-
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City of Temecula
Subdivision Ordinance
Title 16.00
16.01 GENERAL PROVISIONS .............................................................................................................5
16.01.020 Authority ..................................................................................................................................5
16.01.040 Purpose ....................................................................................................................................6
16. 01.060 Scope/Appficability ...................................................................................................................5
16.01.080 Exceptions ...........................................................................................~ ...................................5
16o 01.1 O0 Review and Approval Authority or Advisory Agencies ............................................................. 6
16.01.120 Fees and Deposits ...................................................................................................................7
16.01.140 Grading and Erosion Control ...................................................................................................7
16.03 STREET AND LOT LAYOUT REQUIREMENTS ............................................................................. 7
16,03.020 Streets and Highways ..............................................................................................................7
15.03.040 Lots ..........................................................................................................................................9
16.03.060 Access to Lots .......................................................................................................................10
16.06 STANDARDS OF LAND DIVISION ............................................................................................... 11
16.06.020 Standards of Land Division ....................................................................................................11
16.09 GENERAL TENTATIVE MAP PROCEDURES .............................................................................. 11
16. 09. 020 General ..................................................................................................................................11
16.09.040 Tentative Map Form and Content .......................................................................................... 11
16. 09.060 Compliance with the General Plan and Development Code .................................................. 12
16. 09. 080 Determination of Application Completeness .......................................................................... 12
16,09. 100 Tentative Map RevieW and Distribution Procedures .............................................................. 12
16.09. 120 Time Frames for Action on Tentative Maps ........................................................................... 13
16,09. 140 Findings of Approval of Tentative Maps ................................................................................ 13
16.09. 160 Appeals ..................................................................................................................................14
16.09. 180 Expiration of a Tentative Map ................................................................................................14
16.09.200 Extensions of Time for Tentative Maps ................................................................................. 14
16.09.220 Modifications of Tentative Maps ............................................................................................15
16.09.240 Effect of Annexation on Tentative and Final Tract Maps ....................................................... 15
16.12 TENTATIVE TRACT MAP PROCEDURES FOR FIVE (5) OR MORE LOTS ............................... 16
16.12.020 General ..................................................................................................................................16
16. 12.040 Approval or Disapproval of Tentative Maps ........................................................................... 16
16. 12.060 Revised Tentative Maps ........................................................................................................16
16.15 TENTATIVE PARCEL MAP PROCEDURES FOR FOUR (4) OR FEWER PARCELS ................. 17
16.15.020 General ..................................................................................................................................17
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16. 15. 040 Approval or Disapproval of Tentative Parcel Maps ................................................................17
16. 15.080 Revised Tentative Parcel Maps .............................................................................................17
16. 15. 100 Waivers of Final Parcel Map ..................................................................................................17
16.18 VESTING TENTATIVE MAPS ........................................................................................................19
16. 18.020 Purpose ..................................................................................................................................19
16. 18.040 Applicability ............................................................................................................................19
16. 18.060 Filing and Processing 'of Vesting Tentative Maps ...........................................: ......................19
16. 18.080 Application Materials ..............................................................................................................19
16. 18. 100 Development Rights ...............................................................................................................19
16. 18. 120 Mandatory Findings for Approval ...........................................................................................20
16. 18. 140 Term of Vesting Tentative Map ..............................................................................................20
16. 18. 160 Modifications to Vesting Tentative Maps ...............................................................................21
16.21 COMMON INTEREST DEVELOPMENT CONVERSIONS ............................................................ 21
16.21.020Applicability .............................................................................................................................21
16.21.040 Development Review Required ............................'. ................................................................21
16. 21.060 Application Requirem en ts ......................................................................................................21
16.21.080 Physical Standards for Condominium Conversions ...............................................................23
16.21.100 Tenant Provisions ..................................................................................................................25
16.21.120 Notice to New Tenants ..........................................................................................................26
16.21.140 Findings .................................................................................................................................27
16.24 FINAL TRACT MAPS AND FINAL PARCEL MApS .....................................................................27
16.24.020 General ....................: .............................................................................................................27
16. 24. 040 Accompanying Data and Additional Information .............................~ ......................................28
16.24.060 Submittal to and Review by the Director of Public Works .......................................... .............28
16.24.080 Complete and Timely Final Tract Map Filing with the Director of Public Works ....................28
16.24. 100 Final Tract Map Approval by the City Council. .......................................................................29
16. 24.120 Limitation on Map Denial by the City Council ........................................................................29
16.24. 140 Filing with the Office of the County Recorder ........................................................................30
16. 24. 160 Waiver of Final Parcel Maps by Director of Public Works .....................................................30
16.24.180 Certificate of Correction .........................................................................................................31
16. 24. 200 Form and Content of A mendmenL .........................................................................................31
16.24.220 Submittal and Approval by Director of Public Works .............................................................31
16. 24.240 Filing with the County Recorder. ............................................................................................31
16.27 ADDITIONAL TENTATIVE MAP, FINAL MAP, AND PARCEL MAP REQUIREMENTS ............. 32
16. 27. 020 Survey and Monuments Required .........................................................................................32
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16.27.040 Energy Conservation .......................:. ....................................................................................32
16. 27. 060 Geotechnical, Geologic, and Soils Reports ...........................................................................32
16. 27. 080 Flood Management ................................................................................................................33
16.27. 100 Environmental Constraints Sheet Required ...........................................................................33
16.30 IMPROVEMENTS ...........................................................................................................................34
16.30.020 General ..................................................................................................................................34
16.30.040 Improvements Required ........................................................................................................34
16.30.060 Deferred Improvements .........................................................................................................34
16. 30.080 Design of Improvement Plans and Standards .......................................................................35
16. 30. 1 O0 Subdivision Improvement Agreements and Improvement Security .......................................36
16. 30. 120 Completion of Improvements .............~ ...................................................................................38
16.30. 140 Dedications ............................................................................................................................38
16.33 PARK DEDICATION REQUIREMENTS ........................................................................................39
16.33.020 Purpose ..................................................................................................................................39
16.33. 040 Applicability ............................................................................................................................39
16. 33. 060 General Standard. ..................................................................................................................39
16. 33,080 General Dedication Requirements .........................................................................................39
16.33.100 Determination of Land or Fee ................................................................................................40
16. 33. 120 Formula for Dedication of Land. .............................................................................................41
16. 33. 140 Criteria for Requiring Payment of In-Lieu Fees .....................................................................42
16. 33. 160 Credit for Private Parks and Recreation Areas ......................................................................43
16. 33. 180 Exemptions ............................................................................................................................43
16.36 LOT LINE ADJUSTMENT ..............................................................................................................44
16.36.020 Purpose ..................................................................................................................................44
16.36. 040 Applicability ............................................................................................................................44
16.36.060 Filing of Lot Line Adjustments ................................................................................................44
16.36,080 Processing Procedures ..........................................................................................................44
16.36. 100 Evaluation Criteria ..................................................................................................................44
16.36. 120 Conditions of Approval ...........................................................................................................45
16.36. 140 Prohibited Conditions .............................................................................................................45
16.36. 160 Fees .......................................................................................................................................45
16. 36. 180 Appeals ..................................................................................................................................45
16.39 MERGER OF CONTIGUOUS PARCELS ......................................................................................45
16.39.020 Purpose ..................................................................................................................................45
16.39.040 When Parcels May Be Merged ..............................................................................................46
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16. 39. 060 Merger Requirements ............................................................................................................46
16.39.080 City Initiated Merger ...............................................................................................................47
16.39. 100 Property Owner Requested Merger .......................................................................................48
16.39. 120 Effective Date of Merger ........................................................................................................48
16. 39. 140 Appeal of Merger ...................................................................................................................48
16.42 REVERSION TO ACREAGE ..........................................................................................................49
16.42.020 General .......................................................................................................: ..........................49
16. 42.040 Initiation of Proceedings .........................................................................................................49
16. 42.060 Filing of Reversion to Acreage ...............................................................................................49
16.42.080 Submittal of Petition to Director .............................................................................................49
16.42. 100 City Council Approval .............................................................................................................50
16.42. 120 Filing With The County Recorder. ...........................................................................................50
16.45 CERTIFICATE OF LAND DIVISION COMPLIANCE .....................................................................50
16.45.020 Purpose ..................................................................................................................................80
16. 45. 040 Applicability ............................................................................................................................51
16. 45. 060 Filing Procedures ...................................................................................................................51
16.45.080 Review and Processing Procedures ......................................................................................51
16.5t TRADITIONAL NEIGHBORHOOD DEVELOPMENT-SUBDIVISION STANDARDS ................... 52
16.51.020 Purpose ..................................................................................................................................52
16.51.040 Street and Lot Layout Requirements ..................................................................................:.. 52
16.51.060 Street Right-of-Way.Standards ..............................................................................................53
16.54 DEFINITIONS OF TERMS .............................................................................................................54
16,57 ENFORCEMENT ............................................................................................................................55
16. 57. 020 Prohibition ..............................................................................................................................55
16.57.040 Remedies ...............................................................................................................................56
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16.01 GENERAL PROVISIONS
16.01.020 Authority
This Title is adopted pursuant to Article XI, Section 7 of the Califomia Constitution to supplement
and implement the Califomia Subdivision Map Act, Section 66410 et seq. of the Government Code,
and may be cited as the Subdivision Ordinance of the City of Temecula.
16.01.040 Purpose
The purpose of this Title is to provide the City with legal authority for the review of the design and
improvement of subdivisions and the processing of any proposed subdivision, reconfiguration
and/or consolidation of land within the City of Temecula to the extent authorized by the California
Subdivision Map Act.
16.01.060 Scope/Applicability
This Title shall apply to any division of land within the City of Temecula and shall control the
preparation, processing and approval of all tentative maps, final tract maps, final parcel maps, lot
line adjustments, parcel mergers, reversions to acreage and waivers and all other actions regulated
hereby. Any other matter not regulated by this Title shall be regulated by the California Subdivision
Map Act.
16.01.080 Exceptions
This title shall not apply to:
A. The financing or leasing of apartments, offices, stores or similar space within apartment
buildings, industrial bullflings, commercial buildings, mobile home parks or trailer parks;
B. Mineral, oil or gas leases;
C. Land dedicated to cemetery purposes under the California Health and Safety Code;
D. Lot line adjustments between two or more existing adjacent parcels, where the land taken
from one parcel is added to an adjacent parcel, and where a greater number of parcels than
originally existed is not created, provided that subject to the provisions of Section 66412(d)
of the Subdivision Map Act, the lot line adjustment is approved pursuant to Chapter 16.12
of this Title;
E. Any separate assessment under Section 2188.7 of the California Revenue and Taxation
Code;
F. The financing or leasing or any parcel of land, or any portion thereof, in conjunction with the
construction of commercial or indL~stdal buildings on a single parcel, unless the project is
not subject review under other City ordinances regulating design and improvement;
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The financing or leasing of existing separate commercial or industrial buildings on a single
parcel;
The construction, financing or leasing of dwelling units pursuant to Section 65852.1 or
second units pursuant to Section 65852.2 of the Califomia Government Code; but this Title
shall apply to the sale or transfer, but not the leasing of those units;
Leasing of agricultural land for agricultural purposes, meaning the cultivation of food or fiber,
or the grazing or pasturing of livestock;
Subdivisions of four parcels or less for construction of removable commercial buildings
having a floor area of less than 100 square feet.
16. 01.100 Review and Approval Authority or Advisory Agencies
The authority for review and approval of subdivisions and related land actions is as follows:
TYPE OF ACTION
Table 16.01.100
REVIEW AUTHORITY
APPROVAL AUTHORITY
Tentative Maps
City Staff
Other Responsible Agencies
Planning Commission
Vesting Tentative Maps
Tentative Parcel Maps
City Staff
Other Responsible Agencies
City Staff
Other Responsible Agencies
Planning Commission
Director Hearing
Tentative Map Extensions
City Staff
Other Responsible Agencies
Director Hearing
Final Parcel Maps
City Staff
Other Responsible Agencies
City Council
Waivers of Parcel Maps
City Staff
Other Responsible Agencies
Director Hearing
Reversion to acreage
City Staff
Other Responsible Agencies
City Council
Lot and Parcel Mergers
City Staff
Other Responsible Agencies
Community Development
Director
Planning Commission (City
initiated)
Lot Line Adjustments
City Staff
Other Responsible Agencies
Community Development
Director
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16.01.120 Fees and Deposits
All applicants submitting maps as required by this Title shall pay all fees and/or deposits as
provided by this Title and by City Council resolution establishing applicable fees and deposits.
16.01.140 Grading and Erosion Control
All divisions of land pursuant to this Title shall conform to those grading and erosion control
Standards set forth in Chapter 70 of the Uniform Building Code.
16.03 STREET AND LOT LAYOUT REQUIREMENTS
16.03.020 Streets and Highways
The widths, alignments and geometric designs of streets and highways shall conform to the
city standards and to the following requirements:
3.
4.
5.
All streets, as far as practicable, shall relate to the alignment of the existing adjacent
streets or their proper projection in the general conformity with the General Plan for
the city.
The proposed street plan shall give consideration to the future division of adjoining
and undivided property.
All streets shall be designed to serve the proposed use of the abutting land.
On part-width boundary streets the required right-of-way shall not be less than thirty
feet.
Additional right-of-way or easements shall be provided where necessary to
accommodate .roadway slopes and drainage facilities.
B. Special Street design:
Design of streets shall make provisions for railroads, parkways, expressways, grade
separations, flood control channels, prevailing geological conditions, local drainage
facilities, hillside property and equestrian trails.
A cul-de-sac street shall not exceed six hundred feet in length.
A dead-end street shall not exceed six hundred feet in length.
The Planning Commission may raquira greater street widths and improvements on
streets serving multi-family residential, commercial or industrial divisions of land.
Where a proposed subdivision abuts or contains an existing or proposed urban
arterial highway or freeway, the Planning Commission may raquira frontage streets
or reverse frontage with non-access easements along the arterial highway or
freeway or such other treatment as may be justified for the protection of residential
properties from the nuisance and hazard of high volume traffic, and to preserve the
function of the arterial highway or freeway.
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Private streets may be used for only those streets serving property within the subdivision
and which access by the public is controlled by the subdivision design by either posting or
gating. Private streets may be used with the approval and consent of the Planning
Commission whenlhe Planning Commission finds that:
There is adequate provision for their construction and continued maintenance.
The welfare of the occupants of the development will be adequately served.
The public welfare will not be impaired.
The grades of highways, streets and alleys shall not be less than four-tenths percent and
not greater than fifteen percent. The desirable grades are between five-tenths percent and
six percent. Grades of less than four-tenthS percent and greater than fifteen percent may
be approved only when conclusive evidence shows that a lesser or steeper grade
respectively is impractical. The high cost of excavating and/or importing borrow fill material,
making the development of a particular parcel of ground uneconomical shall not be
considered as conclusive evidence nor valid justification for a departure from the
established minimum or maximum grade.
Street alignment:
Curves in streets shall have as large a centedine radius as practical with a minimum
length of curve of one hundred feet. The desirable minimum centedine radius for
residential streets is five hundred feet. The minimum centedine radius for
residential streets within comparatively level terrain shall be three hundred fifty feet
and within steep hillside terrain shall be one hundred fifty feet.
The minimum centerline radius for other types of streets shall be compatible with
the street classification and anticipated usage.
Intersections:
All street intersections shall be as near dght angles as possible with a minimum
angle of seventy-five degrees.
Street-to-street centedine offsets of less than two hundred fifty feet shall not be
permitted, except in special design cases offsets of less than five feet may be used
if approved by the city engineer.
A minimum curb return radius of twenty-five feet shall be provided at intersecting
streets designated as collector roads or a lessor standard. A minimum curb return
radius of thirty-five feet shall be provided when one or both of the intersecting
streets is designated as a secondary highway or greater.
The property line return radius shall be so set as to maintain a uniform parkway
width or provide a uniform transition into the intersecting parkway. The property line
radius shall be designed so as not to reduce the parkway width below the city
standard.
Frontage road connections providing access to a major or arterial highway shall
incorporate a bulb or knuckle connection in conformance to city standards.
Median openings or crossovers between opposing lanes of a divided highway or
street shall be located only at approved it~tersections at intervals of not less than
five hundred feet.
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G,
Alleys
1.
Alleys shall be required in the rear of all lots used or intended to be used for
business, commercial or industrial uses, unless adequate off-street parking areas
and service loading and unloading areas to serve such properties are securely
reserved for such use and are shown upon the map and approved by the city in the
manner provided by this Title.
Alleys shall be required in the rear of all lots frenting directly on a street designated
as a secondary highway or greater unless determined through site plan review
procedure that the requirement for alleys does not exist.
The minimum paved width for alleys shall be twenty-five feet except for residential
applications where the minimum paved width shall be twenty feet.
A minimum curb return radius of five feet shall be provided at the alley and
intersecting street.
Where practicable shall be" L "shaped or slightly turned to eliminate through traffic.
Where a dead-end alley is designed, an adequate tuming area shall be provided to
accommodate a truck having a thirty-five foot turning radius. it shall be such that
the truck is able to turn around with only one backing movement. This tum-a-round
shall be eliminated only under the circumstances of a previously adopted specific
plan of record providing for the alley extension,
16.03.040 Lots
All lots created in a division of land shall conform to the minimum requirements of the
Development Code and the General Plan as adopted by the city for the particular Zoning
District, use and classification in which the development is being constructed.
B. Lot sizes:
All lots shall meet the area, frontage, width, depth and building setback
requirements of the Zoning District within which the lots are located; provided,
however, that in its consideration of any land division, the Planning Commission or
the City Council may determine that a greater than minimum lot size is necessary:
a. For the proper protection of the public health, safety and general welfare.
b. To be consistent with the general pattem established in the vicinity.
c. To maintain the value of property in the vicinity; or
d, To provide sufficient pad area for buildings and usable open space.
When lots or parcels twice or more the required area or width are shown on a
division of land, the Planning Commission may require such lots or parcels to be so
established as to make practical a further division into allowable building sites,
without inju~ to adjoining properly
Lot sizes and arrangement shall be compatible with lots in the surrounding area. -
C. Side lot lines:
Sidelines of lots shall be at approximately dght angles to the street lines, except
where terrain or street design makes such lot lines impractical.
Side and rear lot lines shall be located along the top of slopes instead of at the toe
or at intermediate locations.
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E=
Lot frontage:
All lots shall have frontage upon a public or pdvate street, which shall be open to
and usable-by vehicular traffic. The width of such streets shall be determined in
accordance with this Title and the Development Code.
Double frontage lots shall be avoided, except where essential to provide separation
of residential development from traffic arteries, or where required by unusual or
excessive topographic conditions. When double frontage lots are permitted, access
rights shall be dedicated to the city along the street designated by the Planning
Commission.
Wherever practicable, subdivisions of property abutting rights-of-way for freeways,
expressways, railroads, transmission lines and flood control channels shall be so designed
as to create lots which back up to the rights-of-way.
No lot shall be divided by a dty, county, school distdct or other taxing agency boundary line.
Blocks:
Blocks shall not be less than two hundred fifty feet in length.
Blocks shall not be over two thousand seven hundred feet in length, except along
major highways, or where topographical conditions or previous highway or street
layouts require a differant length.
16.03.060 Access to Lots
Any land division shall provide vehicular access to all homes within a land division for
purposes of police and fire protection. The layout of the tract shall be such that blocks of
thirty-five (35) or more homes shall have access by two or more streets. Tract street layout
showing only one Street for vehicular ingress or egress to a large group of homes shall be
cause for disapproval.
Access for lots not fronting on a public street (Flag Lots). When a land division is proposed
to create any lot(s) other than one(s) fronfing directly on a public street or highway, access
shall be provided of a width not less than as specified below as being minimum width
necessary to serve the maximum number of lots.
1. Minimum Access Width Per Potential Number of Lots:
Maximum Number of
Potential Lots
Table 19.060
Minimum Access Width
(Feet)
One Subject to the provisions of Table 150
17.06.040 of the Development Code
Two to Four 40 150
Maximum Ultimate Access
Length (Feet)
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Required Improvement of Access:
Access Surfacing. Pdor to final inspection for occupancy of any building or
structure reloceted, erected or constructed on any lot not frontjng directly on
a public street or highway, the full length of any required access shall be
improved with concrete or aspbaltic concrete surfacing, in accordance with
city engineering standards and requirements, for a width as provided herein:
(i).
(ii).
For access widths of twenty to twenty-nine feet; a surfaced width of
not less than eighteen feet.
For access widths of forty feet or more; a .surfaced width of not less
than twenty-four feet.
16.06 STANDARDS OF LAND DIVISION
16.06.020 Standards of Land Division
No land shall be divided or developed for any purpose which is not in conformity with this Title and
with the General Plan, any applicable spedtic plan, the Development Codp, or regulatory ordinance
of the City.
16.09 GENERAL TENTATIVE MAP PROCEDURES
16.09.020 General
The procedures set forth in this Chapter shall be applicable to Tentative Tract Maps and Tentative
Parcel Maps.
16.09.040 Tentative Map Form and Content
Before any tentative map, or request for extension of time of a tentative map, is accepted for filing,
the subdivider shall file with the Director a completed application form, pay all applicable fees, and
submit the required number of copies of the tentative map and all supporting materials and
documents required on the City's official application form. The Director may, from time to time,
amend the official application form and the map submittal requirements. Tentative maps shall be
prepared in a size, form, and manner acceptable to the Director and shall be prepared by a
registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly
drawn on one (1) sheet and shall contain all information required by the official application form.
The Director may waive or modify any of the above tentative map Submittal requirements through
the design review process if the type of subdivision does not need to comply with these
requirements.
The tentative map shall cleady identify all proposed TCSD slope maintenance areas by separate
lot number. The square footage of all proposed TCSD lots shall be indexed on the tentative map.
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The Director may require other drawings, deta, reports, or information deemed necessary to
accomplish the purposes of the Subdivision Map Act, the California Environmental Quality Act and
this Title.
Vesting tentative maps shall conform to Chapter 16.18 of this Title.
16.09.060 Compliance with the General Plan and Development Code
All divisions of land pursuant to this Title shall conform to those development standards set forth
in the Development Code for the Zoning District in which the property to be divided is located at
the time the application for the tentative map is deemed complete. In accordance with Section
16.06.020, all divisions of land pursuant to this Title shall also conform with the General Plan
including all maps, goals, objectives, policies and implementation measures, in effect at the time
the tentative map is approved.
16.09.080 Determination of Application Completeness
The Director shall notify the applicant of its determination of completeness of the subdivision
application, as required by Government Code Section 65943. The applicant shall have the right
to appeal a decision that an application is incomplete to the Planning Commission, pursuant to
Government Code Section 65943(c), through the appeal process set forth in Section 17.03.090 of
the Development Code. The subdivide shall supply the requested plans and/or information within
sixty (60) calendar days of the notice of incomplete filing. or the application will be forwarded to the
Planning Commission with a recommendation of denial.
6.09. f O0 Tentative Map Review and Distribution Procedures
The review and distribution procedures for Tentative map applications filed with the Director shall
be as follows:
Environmental review - After an application has been determined to be complete~n initial
study of the projecrs potential environmental impacts shall be completed. During the
review period, the City shall determine the appropriate type of environmental review.
The Director may request the preparation of additional studies to respond to issues raised
during the review ofthe tentative map and preparation of the initial study. Once required
studies have been completed and/or the Director has determined the appropriate
environmental action, the Director shall prepare and distribute the proper environmental
notice.
B=
Distribution of maps and receipt of comments - Within five business (5) days after an
application has been determined to be complete, the Director shall send notice of
determination to affected school districts pursuant to Government Code Section 66455.7.
The Director may, if applicable, distribute copies of the proposed tentative subdivision map
to other affected or advisory agencies
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C=
Public hearing and notification - Public headng notification shall take place in the manner
set forth in Government Code Sections 65090 and 65091 and Section 17.03.040 of the
Development Code.
16.09.120 Time Frames for Action on Tentative Maps
The approving authority shall hold a public hearing on the map, and upon making all
findings required in Section 16.09.020, shall approve, or conditionally approve the tentative
map, or if such findings are not made, shall deny the tentative map, within the time frames
established by Public Resources Code Section 21151.5, and Government Code Section
66452.
B=
The time frames noted above may be extended as provided by prevailing statutory law or
court decisions.
In the event that action on a tentative map application is not taken in a timely manner and
the application is deemed approved by operation of law, pursuant to Government Code
Section 66452.4 then the standard conditions of approval prepared by the City, that are in
effect at the time the application was deemed complete shall automatically be applied to
the tentative map.
16.09.140 Findings of Approval of Tentative Maps
Any tentative map shall be approved if all the following findings are made:
The proposed subdivision and the design and improvements of the subdivision is consistent
with the Development Code, General Plan, any applicable specific plan and the City of
Temecula Municipal Code;
The tentative map does not propose to divide land which is subject to a contract entered
into pursuant to the California Land Conservation Act of 1965, or the land is subject to a
Land Conservation Act contract but the resulting parcels following division of the land will
not be too small to sustain their agricultural use;
The site is physically suitable for the type and proposed density of development proposed
by the tentative map;
The design of the subdivision and the proposed improvements, with conditions of approval,
are either:
Not likely to cause significant environmental damage or substantially and avoidabiy
injure fish or wildlife or their habitat; or
An environmental impact report has been prepared and a finding has been made,
pursuant to Public Resources Code Section 21081(a) (3), finding that specific
economic, social, or other considerations make infeasible mitigation measures or
project alternatives identified in the environmental impact report;
E. The design of the subdivision and the type of improvements are not likely to cause serious
public health problems;
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H=
The design of the subdivision provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible;
The design of the subdivision and 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
subdivision, or the design of the alternate easements which are substantially equivalent to
those previously acquired by the public will be provided.
The subdivision is consistent with the City's parkland dedication requirements (Quimby).
16.09.160 Appeals
A subdivider or any other interested party may appeal a decision of the Director or the
Planning Commission by using the procedures set forth in Section 17,03.090 of the
Temecula Municipal Code.
16.09. 180 Expiration of a Tentative Map
An approved or conditionally approved tentative map shall expire thirty-six (36) months after its
approval. The expiration of an approved or conditionally approved map shall terminate all
proceedings and no final tract map of all or any portion of the real property included within the
tentative map shall be filed without first processing a new tentative map.
16.09.200 Extensions of Time for Tentative Maps
Not withstanding Section 16.09.180, the initial three-year term of tentative maps may be extended
as follows:
Request by the subdivider. Not less than sixty (60) calendar days before the expiration of
the tentative map, the subdivider may apply for an extension of time not to exceed twelve
months. The subdivider shall file with the Director a competed application form, pay all
applicable fees, and submit the required number of copies of the tentative map and alt
supporting materials and documents required on the City' s official application form,
including but not limited to, environmental analysis pursuant to CEQA.
The approval authority may additionally approve a maximum of five (5) one-year time
extensions, each extension not to exceed 12 months, and may impose additional conditions
of approval to maintain the public health safety and welfare and/or to comply with current
City standards and ordinances, state or federal requirements to the extent allowed by law.
If, as part of the request for extension of the term of a tentative map, the subdivider
requests changes or amendments to the tentative map the conditions of approval for that
map, the City may impose other conditions or amendments to the tentative map or the
conditions of approval including the then-current standards and requirements for approval
of tentative maps.
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If a subdivider is required to expend the amount specified in Section 66452.6 of the
Government Code to construct, improve, or finance the construction or improvement of
public improvements outside the property boundaries of the tentative map, excluding
improvements of public rights of way which abut the boundary of the property to be
subdivided and which are reasonable related to the development of that property, each
filing of a final tract map authorized by Section 66456.1 of the Government Code shall
extend the expiration of the approved or conditionally tentative map by 36 months from the
date of its expiration or the date of a previously-filed final tract map, whichever is later. The
extensions shall not extend the term of the tentative map more than 10 years from its date
of original approval.
16.09.220 Modifications of Tentative Maps
Tentative maps and/or their conditions of approval may be amended upon application by
the Subdivider or, with consent of the Subdivider, by action initiated by the Director or the
Director of Public Works, pursuant to this Section. The applicant shall file a letter with the
Director or the Director of Public Works requesting that a determination be made regarding
the project. The City shall respond within 30 days with its decision.
Minor modifications may be processed administratively without notice or public hearing,
provided that the proposed changes are consistent with the intent of the odginal map
approval, do not affect off-site properties, and there are no resulting violations of this Title
or the Development Code. The following modifications are considered minor:
Modifications to less than ten percent (10%) of the total number of lots in the
subdivision, provided that there is no increase or decrease in the total number of
lots within the subdivision.
Modifications to the horizontal alignment of ten feet (10') or less, or vertical
alignment Of five feet (5') or less, of any cul-de-sac, local or collector roadway when
such modification does not affect off-site property.
Any other changes, which in the opinion of the Director and/or Director of Public
Works do not involve substantial changes to the map or the conditions of,approval,
which do not affect off-site property.
Any other amendment or modification of an approved or conditionally approved map shall
be processed as a Revised Map, following procedures set forth in this Chapter for tentative
map approval, except that such modification approval shall not alter the original expiration
date of the tentative map.
16.09.240 Effect of Annexation on Tentative and Final Tract Maps
When any area in a subdivision as to which a final tract map has been finally approved by
the Riverside County Board of Supervisors is annexed to the city, the final tract map and
agreements relating to the subdivision shall continue to govern the subdivision.
B. When any area in a subdivision or proposed subdivision as to which a tentative tract or
parcel map or vesting tentative map has been filed but a final tract or parcel map or vesting
tentative map has not been finally approved, or as to which a parcel map is required by this
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Title but the final act required to make the parcel map effective has not been taken, is
annexed to the City. the subdivider of the tentative tract or parcel map or vesting tentative
tract map shall process all necessary applications and revise any portion of the map which
is not in conformance with the City standards which were in effect as of the effective date
of the annexation within twenty-four (24) months of the effective date of the annexation,
prior to expiration of the tentative map, or pdor to complete and timely filing of a final tract
map, whichever occurs first. The City may request the subdivider attend a pre-application
conference, to determine the extent of any required modifications. Any tentative map which
is not brought into conformance with the City's policies, rules, and regulations which were
in effect as of the effective date of the annexation in accordance with the time frame
specified above, will be considered expired, and no final tract map shall be processed by
the City.
16.12 TENTATIVE TRACT MAP PROCEDURES FOR FIVE (5) OR MORE LOTS
f 6. 12. 020 General
The procedures set forth in this Chapter shall be applicable to tentative maps with five (5) or more
residential lots, in accordance with Chapter 16.09.
16. 12. 040 Approval or Disapproval of Tentative Maps
The Planning Commission may approve or conditionally approve any tentative tract map
if it can make the findings listed in Section 16.09.140. The Planning Commission may
prohibit or limit filing of multiple final or parcel maps or place reasonable conditions on filing
of multiple final or parcel maps. In making its findings in support of the approval or
disapproval, the Planning Commission shall apply all City standards in effect at the time the
application was deemed complete; provided however, that such other City standards which
may be applicable under the provisions of Government Code Section 66474.2(b) and (c)
shall also be applied.
The tentative maps may be denied by the Planning Commission on any of the grounds
provided by the Subdivision Map Act and this Title. The Planning Commission shall deny
the tentative map if it cannot make all of the findings listed in Section 16.09.140.
C=
Any action taken by the Planning Commission on an application for a Tentative Map may
be appealed to the City Council, pursuant to section 17.03.090 of the Development Code.
16. 12.060 Revised Tentative Maps
Any revised tentative map or portion thereof shall comply with the requirements in effect at the time
such revised map is considered by the Planning Commission. Such revised tentative map or
portion thereof shall show all the information and requirements of this Title with respect to any
changes that may have been made on the map. The approval or conditional approval by the
Planning Commission of any revised tentative map shall not be construed as extending the time
within which the final tract map shall be filed unless such time extension is specifically granted by
the Planning Commission.
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16.15 TENTATIVE PARCEL MAP PROCEDURES FOR FOUR (4) OR FEWER PARCELS
16.15.020 General
A tentative parcel map shall be required for Subdivisions creating four (4) or fewer parcels and
for commercial or industrial Subdivisions described in Government Code Section 66426. The
procedures set forth in Chapter 16.04 of this Title shall be applicable to tentative parcel maps.
16.15.040 Approval or Disapproval of Tentative Parcel Maps
The Director may approve or conditionally approve any tentative map if the findings listed
in Section 16.09.140 can be made. The Director may prohibit or limit filing of multiple final
or parcel maps or place reasonable conditions on filing of multiple final or parcel maps. In
making its findings in support of the approval or disapproval, the Director shall apply all City
standards in effect at the time the .application was deemed complete; provided however,
that such other City standards which may be applicable under the provisions of Govemment
Code Section 66474.2(b) and (c) shall also be applied.
The tentative maps may be denied by the Director on any of the grounds provided by the
Subdivision Map Act and this Title. The Director shall deny approval of the tentative map
if it cannot make all of the findings listed in Section 16.09,140.
Any action taken by the Director on an application for a Tentative Map may be appealed
to the Planning Commission, pumuant to section 17.03.090 of the Development Code.
16.15. 080 Revised Ten tative Parcel Maps
Any revised tentative Parcol map or portion thereof shall comply with the requirements in effect at
the time such revised map is Considered by the Director. Such revised tentative parcel .map or
portion thereof shall show all the information and requirements of this Title with respect to any
changes that may have been made on the map. The approval or conditional approval by the
Director of any revised tentative map shall not be construed as extending the time within which the
final tract map shall be filed unless such time extension is specifically granted by the Planning
Commission.
16. 15. 100 Waivers of Final Parcel Map
The requirements for a final parcel map may be waived by the Approval Authority for the
following divisions of land upon making the findings set forth in subsection C of this Section:
1. Division of real property or interests therein created by probate, eminent domain
procedures, partition, or other civil judgments or decreases.
2. Division of property which has been merged pursuant to this Title, the Subdivision
Map Act or any pdor ordinance of the City; or
3. Any other division of property which would otherwise require a parcel map.
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In order for the requirement for a parcel map to be waived, a wdtten request for such a
waiver must be submitted to the Director as part of the tentative parcel map application.
No waiver to the requirement for processing a parcel map shall be approved unless the
Advisory Agency finds that all of the following cdteria are satisfied:
3.
4.
5.
6.
9.
10.
11.
That all parcels created front on existing maintained public roads, improved in
accordance with current City standards.
That all parcels created are serviced by sanitary sewer facilities, in accordance with
current City standards.
That adequate water supply is available to all parcels.
That the proposed land division will not have an adverse impact on the environment
or on surrounding properties.
That the proposed land division will not have an adverse impact on existing drainage
facilities.
That all lots created by the proposed subdivision, and any remainder parcels,
comply with all requirements of the Subdivision Map Act, the Development Code the
Municipal Code and this Title.
That no dedications, easements, restrictions, or fee title in off-site property interest
are being granted to the City of Temecula or any public agency as a function of the
subdivision.
That no agreements involving the City, or any maintenance entities are required as
part of the conditions of approval of the subdivision.
That no mitigation measures are required as part of the conditions of approval of the
subdivision.
That four (4) or fewer residential lots or land divisions created pursuant to Section
66426, (a), (b), (c), and (d) of the Govemment Code are created by the subdivision.
That no public improvements are required as part of the subdivision.
A waiver by the Advisory Agency may be conditioned to provide for payment by the
subdivider of applicable fees.
The parcel map waiver request shall be approved, conditionally approved or denied within
the time frames set forth in Section 16.04.060.
Upon the Approval Authority's approval of a waiver of the parcel map pursuant to this
Section, the Director of Public Works shall file with the Office of the County Recorder a
Certificate of Compliance, or conditional Certificate of Compliance, for the land to be divided
and a plat map, showing the division. The certificate shall include a certificate by the
County Tax Collector in accordance with Article 8 of Chapter 4 of the Subdivision Map Act.
Actions by the Advisory Agency approving or disapproving parcel map waivers may be
appealed to the Planning Commission under the provisions of Section 17.03.090 of the
Development Code.
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16.18 VESTING TENTATIVE MAPS
16. f8.020 Purpose
The purpose of this Chapter is to establish procedures for the review, approval and administration
of vesting tentative maps.
16.18.040 Applicability
Whenever this title requires the filing of a tentative map or tentative parcel map, a vesting tentative
map may instead be filed in accordance with the provisions of this chapter.
16.18.060 Filing and Processing of Vesting Tentative Maps
A vesting tentative map shall be filed in the same form, shall have the cam content, accompanying
data and reports and shall be processed in the same manner described for tentative maps in
Chapter 16.04 except as described in this chapter.
16.18.080 Application Materials
At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words
"Vesting Tentative Map". The application shall be submitted in accordance with Chapter 16.09.040
accompanied by the following additional materials:
A. Details on the height, size, and location of proposed buildings.
B. Architectural elevations, schematic plans, and materials board for proposed building.
16. 18. 100 Development Rights
The approval or conditional approval of a vesting tentative map shall confer a vested right
to proceed with development in substantial compliance with the ordinances, policies and
standards described in Section 66474.2 of the Government Code. However, if Section
66474.2 of the Government Code is repealed, the approval or conditional approval of a
vesting tentative map shall confer a vested right to proceed with development in substantial
compliance with the ordinances, policies, and standards in effect at the time the vesting
tentative map is approved or conditionally approved.
The above notwithstanding, a permit, approval, extension, or entitlement may be made
conditional or may be denied if any of the following are determined:
Failure to do so would place the residents of the subdivision or the immediate
community, or both, in a condition dangerous to their health or safety, or both.
The condition(s) or denial is required in order to comply with state or federal law.
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The provisions of his section shall not:
Limit the City from imposing reasonable conditions on subsequently required
approvals or permits necessary for the development and authorized by the
ordinances, policies, and standards described in subsection A.
Diminish or alter the types of conditions, which may be imposed by the City on a
development of the City's power to protect against a condition dangerous to the
public health or safety.
16. 18. 120 Mandatory Findings for Approval
A vesting tentative map shall be approved by the City of Temecula only if the City makes findings
in accordance with Section 16.09.070.
16. 18. 140 Term of Vesting Tentative Map
The approval or conditional approval of a vesting tentative map by the City Council shall
expire thirty-six (36) months after such approval. Prior to the expiration date, upon written
request therefore, the vesting tentative map expiration date may be extended by the City
Council for a period or pedods not exceeding a total of five (5) years. The Council may
deny an extension if it makes a finding that the extension will
Adversely affect the public health safety or welfare; or
Map fails to comply with state or Federal law; or
That any of the findings of required by Section 16.09.140 can not be made.
If a final tract map is approved prior to the expiration of the vesting tentative map, the
tentative map vesting rights for the final tract map area shall last for the periods listed
below:
An initial time period of one (1) year following recerdation of the final tract map.
Where several final tract maps are recorded on phases of a project covered by a
single vesting tentative map, the 1 year time period for each final tract map shall
begin on the date of recordation of that final tract map.
The initial time pedod set forth in the above paragraph shall be automatically
extended by any time used by the City for processing a complete application for a
grading permit or for design or architectural review, if such processing exceeds
thirty (30) days, provided, however, that such extension shall only be for the number
of days in excess of thirbj days, and provided further that such extensions shall not
be cumulative.
If, dudrig the two-year pedod following approval of a final tract map or parcel map,
the City receives a complete application for a building permit and the subdivider has
satisfied all requirements for the issuance of a building permit, the right to proceed
with development in accordance with the tentative map shall continue until the
expiration of the building permit.
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16. 18. 160 Modifications to Vesting Tentative Maps
At any time prior to the expiration of a vesting tentative map, the subdivider, his or her successor,
or his or her assignee, may apply for a modification to such map. A public headng shall be held
by the Planning Commission on any application involving a modification to the vesting tentative
map or by the development related thereto, following procedures set forth for the modification of
tentative maps in Section 16.04.110 Approval of a modification to a vesting tentative map or
development related thereto, shall not alter the expiration date of the vesting tentative map. Any
modification to a vesting map will be evaluated for compliance with those City regulations,
standards, and policies in effect at the time the request for modification is deemed complete.
16.21 COMMON INTEREST DEVELOPMENT CONVERSIONS
16.21.020 App~cability
This Chapter shall apply to all conversions of existing residential real property to condominium,
community apartments, or stock cooperative projects or any other form of ownership except
conversion projects which a final or parcel map has been approved by the City Council pdor to the
effective date of this ordinance, or where the conversion involved a limited equity housing
cooperative as defined in Section 33007.5 of the Health and Safety Code. All provisions,
conditions, and further definitions of condominium development as approved included in the
California Civil Code, Government Code, Revenue and Taxation Code, and Business and
Professions Code shall apply to the divisions of real property as permitted herein.
16.21.040 Development Review Required
In addition to the limitations and restrictions contained within this Chapter, the California
Subdivision Map Act and the applicable building and fire regulations, no residential apartment unit
shall be converted for sale, transfer, or conveyance as a community apartment project, stock
cooperative project or condominium, without concurrently obtaining approval of a conditional use
permit.
16. 21.060 App lica tion Requiremen ts
In addition to such other application requirements as are deemed necessary by the City, an
application for conversion of a residential unit shall not be accepted or considered complete unless
the application includes all of the following information in a form acceptable to the Director, except
where such requirement is waived or modified by the Director:
Physical Elements Report. A report prepared by a registered engineer or architect or
licensed qualified contractor describing the physical elements of all structures and tacilities,
sound transmission levels between units, mechanical equipment, parking facilities and
appliances.
Regarding each such element, the report shall state, to the best knowledge or estimate of
the applicant, when such element was built; the condition of each element; the cost of
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replacing said element; and any vadation or non-compliance of said element from the
Development Code in effect at the time the application is filed with the City and Building
Code in effect on the date that the last building permit was issued for the subject structure.
The report shall identity any defective or unsafe elements and set forth the proposed
corrective measures to be employed.
A report from a licensed structural pest control operator, approved by the City, on each
structure and each unit within the structure.
A report on soil and geological conditions regarding soil deposits, rock formations, faults,
groundwater, and landslides in the vicinity of the project and a statement regarding any
known evidence of soil problems relating to the structures. Reference shall be made to any
previous soils reports for the site and a copy submitted with said report.
A statement of rapairs and improvements to be made by the subdivider necessary to
refurbish and restore the project to achieve a level of appearance and safety consistent
applicable codes and ordinances, as specified in subdivision A of this Section.
A Declaration of Covenants, Conditions and Restrictions in draft or outline form which would
be applied to any and all owners of condominium units within the project. The Declaration
shall include, but not be limited to: the conveyance of units; the assignment of parking; an
agreement for common area maintenance, including facilities and landscaping, together
with an estimate of any initial assessment fees anticipated for such maintenance;
description of a provision for maintenance of all utility lines and services for each unit; and
a plan for equitable sharing of communal water metedng.
Specific information conceming the demographic characteristics of the project, including but
not limited to the following:
2.
3.
4.
6.
7.
8.
Square footage and number of rooms in each unit;
Rental rate history for each unit for previous five (5) years;
Monthly vacancy rate for each month dudng preceding two (2) years;
Makeup of existing tenants households, including family size, length of residence,
age of tenants, and whether receiving federal or state rent subsidies;
Proposed sale pdce of each unit;
Proposed Homeowners' Association fee;
Financing available; and
Names and addresses of all tenants.
When the subdivider can demonstrate that such information is not available, this
requirement may be modified by the Community Development DirectOr.
Signed copies from each tenant of Notice of Intent to Convert, as specified in section
16.21.120. The subdivider shall submit evidence that a letter of notification was sent to
each tenant for.whom a signed copy of said notice is not submitted. This requirement shall
be deemed satisfied if such notices comply with legal requirements for service by mail.
Any other information which, in the opinion of the Community Development Director will
assist in determining whether the proposed project will be consistent with the purposes of
this Chapter.
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Submittal of Budget. The subdivider shall provide the City with a copy of the proposed
budget for maintenance and operation of common facilities, including needed reserves, with
the tentative map application. The budget shall show estimated monthly costs to the owner
of each unit, projected over a five (5) year period, or such time as is required by the
Department of Real Estate. Such budget shall be prepared or reviewed and approved by
a professional management firm experienced with management of condominium
complexes. The management firm shall submit a statement of professional qualifications.
Copy to Buyers. The developer shall provide each purchaser with a copy of all submittals
(in their final acceptable form) required by subsections A, B, C, D, E, H, and I, above prior
to said purchaser executing any purchase agreement or other contract to purchase a unit
within the project, and the developer shall give the purchaser sufficient time to review said
information. Copies of the submittals shall be made available at all times at the sales office
and a notice indicating that such reports are available shall be posted at various locations,
as approved by the City, at the project site. Copies shall be provided to the Homeowners'
Association upon its formation.
Final Information Submitted. Pdor to entedng into escrow on the first unit, the subdivider
shall submit the following information to the Planning Department:
2.
3.
4.
5.
Name, address and phone number of Homeowners AsSociation;
Actual sales price of units;
Actual Homeowners Association fee;
Number of prior tenants who intend to purchase units; and
Number of units purchased with intent to be used as rentals.
The final form of the Physical Elements Report and other documents shall be as approved
by the City. The reports in their acceptable form shall remain on file with the Planning
Department for review by any interested persons until the conclusion of the conversion
process. The report shall be referenced in the subdivision report to the Planning
Commission.
16.21.080 Physical Standards for Condominium Conversions
Adequate physical condition. To achieve the purpose of this Chapter, the Planning
Commission shall require that all condominium conversions conform to the Temecula
Development Code, in effect at the time of tentative map approval except as otherwise
provided in this Chapter. In making the determination that the project is in conformance
with the Municipal Code, the following will be required:
1. Prior to scheduling the tentative map for a public hearing, an inspection shall be
conducted by the Code Enforcement Division to determine project-wide
conformance with Title 17 (Development Code) and-other applicable chapters of the
Municipal Code. A report of any violations shall be included in the staff report to the
Planning Commission. The subdivider shall be responsible for the payment of any
fees related to the inspection of the project.
2. Prior to the approval of the final map, a physical inspection of the project site,
including each individual Unit, shall be made by the City of Temecula Building and
Safety Department and Planning Department. Such inspection shall be made to
ensure compliance with all applicable conditions of approval as specified in the
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tentative map and conditionar'use permit approval. All such corrections shall be
made prior to the approval of the final or parcel map. The subdivider shall be
responsible for the payment of any fees related to the inspection of the project.
B=
Specific physical standards. The Planning Commission shall require conformance with the
standards of this subsection in appreving the map:
1. Building regulations. The project shall conform to the applicable standards of
Uniform Building Code, Uniform Plumbing Code and Uniform Electrical Code in
effect on the date that the last building permit was issued for the subject structure
or structures except as herein provided.
2. Health and safety. Each bathroom in each living unit shall be provided with ground
fault circuit interrupters.
3. Fire prevention
a. Smoke Detectors. Each living unit shall be provided with approved detectors
of products of combustion other than heat, conforming to the latest Code
standards as adopted by the City of Temecula,
b. Maintenance of Fire Protection Systems. All fire hydrants, fire alarm
systems, portable fire extinguishers, and other fire protective appliances
shall be properly installed and maintained in an operable condition at all
times.
4, Parking. Each unit shall be provided parking in accordance with Title 17, Section
24 (Off-Street Parking and Loading).
5. Sound transmission.
a. Shock mounting of mechanicel equipment. All permanent mechanical
equipment such as motors, compressors, pumps, and compactors which is
determined by the City to be a source of structural vibration or structure-
borne noise shall be shock mounted with inertia blocks or bases and/or
vibration isolators in a manner approved by the Chief Building Official.
b. Noise standards. The structure shall conform to all interior and exterior
sound transmission standards of the Uniform Building Code. In such cases
where present standards cannot reasonably be met, the Planning
Commission may require the applicant to notify potential buyers of the noise
deficiency currently existing within these units. .:,
6. Utility metering. Each dwelling unit shall be separately metered for water, gas and
electricity, and each unit shall have a separate lateral connection to a trunk sanitary
sewer. Alternatively, a plan for equitable shadng of these utilities shall be
developed prior to final map approval and included in the Covenants, Conditions
and Restrictions.
7. Private storage space. Each unit shall have at least one hundred fifty (150) cubic
feet of enclosed weather-proofed and lockable pdvate storage space in addition to
guest linen, pantry and clothes closets customarily provided. Such space may be
provided in any location approved by the Planning Commission, but shall not be
divided into two or more locations.
8. Laundry tacllities. A laundry area shall be provided in each unit; or if common
laundry areas are provided, such facilities shall consist of not less than one (1)
automatic washer and one (1) dryer of equivalent capacity for every five (5) units
with two (2) or more bedrooms; and every seven (7) units with one (1) bedroom.
9. Landscape maintenance. All landscaping shall be restored as necessary and
maintained in accordance with approved landscape plans. If a significant amount
of new landscaping is required, revised/new landscape plans shall be submitted and
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10.
11.
12.
approved by the Planning Department as part of the conditional use permit
application. Such plans shall be subject to all applicable City Ordinances including,
but not limited to Section 17.32 of the Development Code.
Condition of equipment and appliance. The developer shall provide a warranty to
the buyer of each unit at the dose of escrow that any dishwashers, garbage
disposals, stoves, refrigerators, hot water tanks and air conditioners that are
provided have a useful life of at least one (1) year. At such .time as the developer
relinquishes control over management of the development, pursuant to the
Covenants, Conditions and Restrictions, the developer shall provide a warranty to
the Association that any pool and pool equipment (filter, pumps, chlodnator) and
any appliances and mechanical equipment (filter, pumps, chlorinator) and any
appliances and mechanical equipment to be owned in common by the Association
have a useful life of one (1) year. Pdor to final map approval, the developer shall
provide the City with a copy of Warranty Insurance covering equipment and
appliances pursuant to this Subsection,
Refurbishing and restoration. All main buildings, structures, fences, patio
enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas,
and additional elements as required by the Planning Department shall be
refurbished and restored as necessary to achieve a degree of appearance, quality
and safety consistent with applicable City standards. The developer shall provide
to the Homeowners' Association and/or purchaser a one (1) year warranty on all
physical improvements required under this Subparagraph. If substantial restoration
is required, the design plans shall be subject to Commission approval.
Long term reserves. Pdor to approval of the final map, the developer shall provide
satisfactory evidence to the City that a long term reserve fund for replacement and
repair has been established in the name of the Homeowners' Association. Such
fund shall equal at least two (2) times the estimated monthly homeowners'
assessment for each dwelling unit, or an amount otherwise required by law.
16.21.100 Tenant ProviSions
Notice of Intent. As provided in Govemment Code 66427.1(a), a Notice of Intent to Convert
shall be delivered by the Subdivider to each tenant at least sixty (60) days prior to
submitting an application for the tentative map and conditional use permit. The written
notices to tenants required by this Section shall be deemed satisfied if such notices comply
with the legal requirements for service by mail. The form of the notice shall be in the form
outlined in Government Code Section 66452.9 and approved by the Planning Department
and shall inform the tenants of all dghts provided under this Chapter and State law.
Notice of Public Report. As provided in Government Code Section 66427.1 (a), each tenant
shall received ten (10) days written notice that an application for a public report will be or
has been submitted to the Department of Real Estate, and that such report will be available
on request from the Planning Department. The written notices to tenants required by this
Section shall be deemed satisfied if such notices comply with the legal requirements for
service by mail.
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Notice of Final Map Approval. As provided in Govemment Code Section 66427.1(b), each
tenant shall receive wdtten notification within ten (10) days of approval of a final map for the
proposed conversion. The written notices to tenants required by this Section shall be
deemed satisfied if such notices comply with the legal requirements for service by mail.
Tenant's right to purchase. As provided in Government Code Section 66427.1(d), any
present tenant shall be given notice of an exclusive dght to contact for the purchase of his
or her respective unit and upon the same terms and conditions that such unit will be initially
offered to the general public or terms more favorable to the tenant. The right shall run for
a period of not less than' ninety (90) days from the date of issuance of the subdivision public
report unless the tenant gives prior written notice of his or her intention not to exercise the
right. Evidence of receipt by each tenant shall be submitted prior to approval of the final
map. The wdtten notices to tenants required by this Section shall be deemed satisfied if
such notices comply with the legal requirements for service by mail.
The developer shall provide suitable alternate housing to tenant households, at no
additional cost to the tenant, whose unit undergoes substantial remodeling or rehabilitation
during conversion, if the unit being remodeled or rehabilitated is not habitable. The final
determination of habitability and suitability shall be made by the City of Temecula
Department of Building and Safety.
16.21.120 Notice to New Tenants
After submittal of the tentative map and development plan applications to the City, any prospective
tenants shall be notified in wdting of the intent to convert prior to leasing or renting any unit. The
form of the notice shall be as follows:
To the prospective occupants(s) of Address
The owner(s) of this building/project, at (address), has/have filed an application for a Tentative Map
and Development Plan with the City of Temecula to convert this building to a (condominium,
community apartment, or stock cooperative project). No units may be Sold in this building unless
and until the conversion is approved by the City and subsequently a public report is issued by the
State Department of Real Estate. If you become a tenant of this building, you shall be .given notice
of each hearing for which a notice is required pursuant to Section 66451.3 and 66452.5 of the
Government Code, and you have e the right to appear and the right to be heard at such hearing.
(Signature of owner's agent)
(Dated)
I have received notice on
(Date)
Prospective tenant or tenants signature(s)
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f 6. 21.140 Findings
Prior to approval of the tentative map and development plan, the Planning Commission shall hold
a public hearing. Notice of the hearing shall be given in accordance with Government Code
Section 65090 and Section 17.03.040 of the City's Development Code. A copy of any staff report
shall be served by the developer on each tenant of the subject property at least three (3) days prior
to the hearing, either by personal service or by posting the report on the front door of the unit and
mailing it to the tenant. The Planning Commission shall not approve a tentative map for conversion
of apartment units unless the Planning Commission finds that:
A. All provisions of this Chapter are met;
The proposed conversion is consistent with the goals, objectives, policies, general land uses
and programs specified in the Temecula General Plan including the Housing Element, and
with any applicable Specific Plan;
The proposed conversion will conform to the Temecula Municipal Code in effect at the time
of tentative map and development plan approval, except as otherwise provided in this
chapter;
The overall design, physical condition and amenities of the condominium conversion are
consistent with those associated with condominium developments throughout the City and
such elements achieve a high degree of appearance, quality and safety;
The proposed project will not convert, during the current calendar year, more than five (5)
percent of the potentially convertible rental units in Temecula for the current calendar year
except as otherwise provided in this chapter; and
There is no evidence in the public hearing record to indicate that vacancies in the project
were intentionally !ncreased for the purposes of preparing the project for conversion; and
There is n0 evidence in the public hearing record to indicate that tenants have been coerced
to publicly support or approve the conversion, or to refrain from publicly opposing it, or to
forgo any assistance to which they may be entitled.
16.24 FINAL TRACT MAPS AND FINAL PARCEL MAPS
16.24.020 General
The form, contents, accompanying data, and filing of the final tract map or final parcel map shall
conform to the provisions of the Subdivision Map Act, this Title and applicable standards imposed
by the County of Riverside for maps filed with the Office of the County Recorder. The final tract
map or final parcel map and any accompanying data or additional information shall be prepared
by or under the direction of a registered civil engineer or licensed land surveyor authorized to
practice in the State of California.
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16.24.040 Accompanying Data and Additional Information
The filing of accompanying data and additional information shall be required with the filing of the
final tract map or final parcel map, in accordance with Chapter 16.24.080 of this Title.
16.24.060 Submittal to and Review by the Director of Public Works
Final and parcel map submittal and review procedures' shall be pursuant to this Chapter and
applicable City standards. The Director of Public Works shall review all final and parcel map
submittals for conformance with the provisions of this Title and may deem them incomplete and
return all or portions of a submittal for reasons which include, but are not limited to, the following:
incomplete submittal or filing; untimely submittal or filing; non-cenformance with the tentative map;
non-conformance with the conditions of approval applied to the tentative map; non-conformance
with this Title, non-conformance with City standards; errors on the final tract map or final parcel
map, on any accompanying data, or on any additional information; or omissions on the final tract
map or final parcel map, on any accompanying data, or on any additional information.
16.24.080 Complete and Timely Final Tract Map Filing with the Director of Public Works
The Director of Public Works shall determine that a complete and timely Final Tract Map
filing has been made if he or she determines that, at a minimum, the following items have
been received, prior to the expiration of the tentative map:
1. Improvement plans approved by the Director of Public Works,
2. Complete and accepted public improvements or acceptable subdivision
improvement agreement(s) and securities.
3. Proof of payment of all applicable fees.
4, Will serve letters from all applicable utilities and agencies.
5. Non-interferenCe letters from all applicable easement or title interest holders.
6. Original and copies of all sheets of the final tract map in their required form and
content.
7. Proof of ownership of all affected properties.
8. Subdivision guarantee from a title company, less than sixty (60) days old.
9. Letter from all affected property owners requesting approval of the final tract map,
10. Small scale map of the proposed subdivision.
11. Written clearance from all affected city departments.
12. Wdtten clearance from all affected public agencies.
13. Proof of payment of all delinquent assessments.
14. All applicable agreements or documents to be approved by the City Council, or filed
or recorded concurrently with the map.
15. Proof that all additional requirements of Chapter 16.09 have been satisfied.
16. The City's parkland dedication requirements (Quimby) have been satisfied.
17. Complete and accepted public park and/or slope improvements or acceptable park
and/or landscape agreement(s) and securities.
18. Public park and/or TCSD slope improvement plans approved by the Director of
community services.
19. Compliance with applicable TCSD election procedures relating to the future
dedication of slope maintenance areas.
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Upon finding all statements and submittals complete and satisfactory in accordance with
this Section, the Director of Public Works shall sign the appropriate statements and transmit
the original map, and any other items requiring City Council approval, to the City Clerk
within twenty (20) days of receipt of a complete filing, with a recommendation of map
approval.
16.24. f00 Final Tract Map Approval by the City Council
A.
The date the final tract m~p or final parcel map shall be deemed filed with'the City Council
shall be the date of the next regularly scheduled meeting of the City Council following the
date on which the City Clerk receives the recommendation for map approval from the
Director of Public Works. The City Council shall consider approval of the subdivision
improvement agreement and improvement security, and any other required agreements,
in conjunction with the approval of the map. If any of the items requiring City Council
approval are deemed unacceptable by the City Council, the City Council shall instruct the
Director of Public Works to secure corrections, according to their direction.
The City Council shall approve or disapprove the subdivision improvement agreement,
improvement secudty and final tract map or final parcel map a.! the meeting at which it
receives the map or at the next regular meeting following the meeting at which it received
the map. If the City Council does not approve '0r disapprove the map within this time
period, or any authodzed extension thereof, and the map conforms to all requirements and
rulings, it shall be deemed approved. The City Clerk shall certify or state its approval
thereon.
The City Council shall not postpone or refuse approval of a final tract map or final parcel
map because the subdivider has failed to meet a tentative map condition requiring
construction or installation of off-site improvements on land which neither the subdivider nor
the City has sufficient title or interest to permit the improvements to be made. However,
in such case, prior to final map approval, the subdivider shall be required to enter into an
agreement with the City. to complete such improvements pursuant to Government Code
Section 66462 upon acquisition of said title and interest by the City. Upon entering into
such agreement, the City shall acquire the subject property interest in accordance with the
provisions of Govemment Code Section 66462.5. Failure of the subdivider to execute such
an agreement shall be cause of the City Council to refuse approval of the final map or final
parcel map.
16.24.120 Limitation on Map Denial by the City Council
The City Council shall not deny approval of a final tract map or final parcel map if the City has
previously approved a tentative map for the proposed subdivision and if the City Council finds that
the final tract map or final parcel map is in compliance with the requirements the Subdivision Map
Act, this Title, and the approved tentative map.
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16.24. 140 Filing with the Office of the County Recorder
Upon approval of the final tract map or final parcel map and subdivision improvement
agreement by the City Council, the City Clerk shall execute the appropdate statement on
the statement sheet and shall, subject to the provisions of Government Code Section
66464, transmit the map, or cause the Director of Public Works transmit the map, to the
County of Riverside Recarder's office for filing. The final tract map or final parcel map and
any separate documents (if required) shall be filed concurrently.
B=
If, for any cause of the subdivider, the final or parcel map is not recorded by the Riverside
County Recorders office within 180 days from the date the City Council approved the final
or parcel map, then the City Councll's approval of the final tract map shall be automatically
rescinded, and all bonds or sureties will be returned to the subdivider. If the tentative map
has expired, the unit of land previously affected by the final tract map or final parcel map
will automatically revert to its pre-map configuration. If the tentative map has not yet
expired, then the tentative map will be considered in effect, except that such action shall
not alter the expiration date of the tentative map,
16.24. 160 Waiver of Final Parcel Maps by Director of Public Works
The Director of Public Works is authodzed to waive final parcel maps with the County,
without City Council approval, when the Director of Public Works can make the following
findings:
4.
5.
6,
No dedications, easements, restrictions, or fee title is being granted to the City of
Temecula or any public agency as a function of the final parcel map.
No agreements involving the City, CC&R's, or maintenance entities are required as
part of the conditions of approval of the final parcel map.
No mitigation measures are required as part of the conditions of approval of the final
parcel map.
Four (4) or fewer parcels are created by the final parcel map.
No public improvements are required as part of the subdivision.
It has been determined to the satisfaction of the Director of Public Works that
sufficient monumentation of the parcels exist so as not to justify an additional land
survey.
The Director of Public Works may decline to approve the final parcel map, and instead
process it in accordance with Section 16,24.060 of this Title.
The limitations on denial of a final tract map by the City Council as set forth in Section
16.24.100, shall apply to the Director of Public Works when approving a final parcel map
in accordance with this Section.
D=
Any final parcel map approved by the Director of Public Works in accordance with this
Section shall be subject to the procedures and requirements set forth in Section 16.24.220
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16.24.180 Certificate of Correction
After a final tract map or final parcel map is filed in the office of the County Recorder, it may be
amended by a certificate of correction for any of the following purposes:
A. To correct an error in any course or distance shown on the map.
B. To show any course or distance that was omitted from the map.
C. To correct an error in the descdption of the real property shown on the map.
To indicate monuments set after the death, disability, retirement from practice or
replacement of the engineer or surveyor charged with responsibilities for setting
monuments.
To show the proper location or character of any monument that has been changed in
location or character, or originally was shown at the wrong location or incorrectly as to its
character.
To correct any other type of map error or omission as approved by the Director of Public
Works, which does not affect any property dght. Errors and omissions may include, but are
not limited to, lot numbers, acreage, street names and identification of adjacent record
maps. Error does not include changes in courses or distances from which an error is not
ascertainable from the data shown on the final tract map or final parcel map.
16.24.200 Form and Content of Amendment
The certificate of correction shall be prepared and signed by a registered civil engineer or licensed
land surveyor. The form and contents of the amending map shall conform to the requirements of
Chapters 16.09 and 16.24. The certificate of correction shall set forth in detail the corrections
made and show the names of the present fee owners of the property affected by the correction.
16.24.220 Submittal and Approval by Director of Public Works
The certificate of correction, complete as to final form, shall be submitted to the Director of Public
Works for review and approval. The Director of Public Works shall examine the certificate of
correction and if the only changes made are those set forth in Section 16.24.200, this tact shall be
certified by the Director of Public Works on the certificate of correction
16.24.240 Filing with the County Recorder
The certificate of correction certified by the Director of Public Works shall be filed or recorded in
the office of the County Recorder in which the original map was filed.
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16.27 ADDITIONAL TENTATIVE MAP, FINAL MAP, AND PARCEL MAP REQUIREMENTS
16. 27. 020 Survey and Monuments Required
An accurate and complete survey of the land to be subdivided shall be made by a registered
civil engineer or licensed land surveyor authorized to practice land surveying by the State
of California, pursuant to the requirements of the Director of Public Works. All information
required by City standards shall be incorporated into the survey.
B=
At the time of making the survey for the fina| or parcel map, or within two (2) years from the
complete and timely filing of the final or parcel map, whichever occurs first, the civil
engineer or surveyor shall set sufficient durable monuments to conform with the standards
of the Subdivision Map Act and City standards.
C=
The Director of Public Works may waive the requirements in subsections A and B for parcel
maps at his or her discration.
16.27.040 Energy Conservation
The design of a subdivision shall be in conformance with Government Code Section 66473.1, with
respect to passive or natural heating or cooling opportunities in the subdivision.
16.27.060 Geotechnical, Geologic, and Soils Reports
Soils report. A preliminary soils report, based upon adequate subsurface exploration, test
borings and laboratory tests, shall be required for every subdivision for which a final or
parcel map is required, prior to approval of the tentative or parcel map. In the event the
preliminary soils report indicates the presence of collapsible or expansive soils, liquefaction,
or other soil problems, which if not corrected could result in structural defects, a
geotechnical investigation of each lot or parcel in the subdivision shall be undertaken, and
a report shall be submitted to the Director of Public Works recommending corrective action
which is likely to prevent structural damage to each structure proposed to be constructed
in the area where such soils problems exists. The subdivision or any portion thereof where
such soil problems exist may be approved if it is determined that the recommended
corrective action is likely to prevent structural damage to each structure to be constructed
and that the issuance of any building permit shall be conditioned to include this
recommended corrective action with the construction of each affected structure. The report
may be waived if, in the exercise of his or her professional judgment, the Director of Public
Works finds that sufficient knowledge exists as to the qualities of the soils within the
proposed subdivision.
B=
Geologic and geotechnical reports shall be required, prior to approval of the tentative or
parcel map, when a subdivision involves any of the following:
The subdivision is within any zone requiring special study by the State Geologist or
the Director of Public Works.
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C=
The subdivision proposes to dispose surface water through the use of drywells or
other subsurface facilities;
The site of the subdivision contains hillside areas where the existing gradient equals
or exceeds ten (10) percent.
The development of the subdivision requires excavation into bedrock.
Ge0technicel,. geologic and soils reports, as required herein, shall be prepared by an
engineer or geologist, as applicable, who is authorized to practice and prepare said reports
by the State of California. Said reports shall be reviewed and approved by the Director of
Public Works. If public improvement plans or grading plans are required as part of the map
approval process, the review and approval of the geotechnical, geologic or soils reports
shall be required prior to approval of public improvement plans or grading plans, The
Director of Public Works may waive these requirements for parcel maps at his or her
discretion, in the exerdse of his or her professional judgment. The Director of Public Works
shall make a copy of all approved reports available to the public.
16.27.080 Rood Management
Prior to approval of any tentative map or parcel map, the subdivider shall demonstrate, to the
satisfaction of the Director of Public Works, that the design of the subdivision is such that it
conforms with Chapter 17.20 Of the City's Municipal Code. The Director of Public Works may
require studies, mapping, easements, design and construction as part of the final or parcel map
processing to ensure that this requirement is met. Unless otherwise permitted by this Title, no final
tract map shall be recorded if additional studies, engineering design, acquisition of easements or
construction of flood control facilities are required for issuance of any building permit for the
subdivision. The Director of Public Works shall make a copy of all approved studies available to
the public. Such studies shall be prepared under the direction of a registered civil engineer,
16.27. 100 Environmental Constraints Sheet Required
When an Environmental Constraint sheet is required a note shall be placed below the Surveyor's
notes on the final tract map in one-fourth inch high bold block letters, stating:
"ENVIRONMENTAL CONSTRAINT NOTE: Environmental constraint sheet affecting this map is
on file in the Office of the Riverside County Surveyor in E.C.S. Book , Page
· This affects Lot Nos. or Parcel No.
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16.30 IMPROVEMENTS
16.30.020 General
The subdivider shall construct all required improvements both on-site and off-site, in
accordance with the standards approved by City Council resolution and applicable City
standards as provided by this Title. Except as provided herein, the subdivider shall be
required to install all improvements that are required as conditions of approval to the
tentative map, and to install all improvements that are required by City ordinance or
resolution. ·
The applicant shall pay all impact fees, pursuant to the applicable impact fee ordinances,
in the amount that is in effect at the time such fees are due.
16.30.040 Improvements Required
If the subdivider of a vesting tentative map is required to construct off-site improvements
on land in which neither the subdivider nor the City has sufficient title or interest to allow
construction, then the subdivider shall provide written evidence, prior to the application for
the vesting tentative map being deemed complete, that all off-site interests in property
required for the project have been acquired, unless the Director of Public Works finds,
based on substantial evidence, that the subdivision design incorporates an alternative that
would comply with City standards in the absence of the off-site improvement.
B=
If the subdivider is required to construct off-site improvements on land in which neither the
subdivider nor the City has sufficient title or interest to allow construction, the subdivider
shall provide written evidence that a good faith effort has been made to acquire the title or
interest in the land to construct required off-site improvements, in accordance with City
standards. If the subdivider, after a good faith effort, is unable to acquire the property, the
City shall, within one-hundred twenty (120) days of filing the final tract map, acquire by
negotiation or commence condemnation of the land, in substantial compliance with the
procedures set forth in Government Code Section 7260, or the City shall waive the
condition for the off-site construction. Prior to approval of the final tract map, the City shall
require the subdivider to enter into an agreement to complete the off-site improvements at
the time that title or an interest in the land is acquired. The subdivider shall pay the cost
of acquiring off-site land or an interest in the land required to construct the off-site
improvements, including reasonable attomey's fees and costs, prior to initiation of
acquisition proceedings by the City.
16.30.060 Deferred Improvements
A. Any request for deferred construction of on-site and off-site improvements for tentative or
parcel maps may be approved by the Planning Commission, in its sole discretion, at the
time of approval of the tentative map. Any improvements which are deferred by the
Planning Commission shall be noted on the final or parcel map and a Deferred
Improvement Agreement shall be filed with the Director of Public Works pdor to or
concurrent with the filing of the parcel map.
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B. The City Attorney shall approve the form and content of all Deferred Improvement
Agreements pdor to the City accepting the document.
16.30.080 Design of Improvement Plans and Standards
Standards for design and construction of subdivision improvements shall be in accordance
with the applicable City standards, the Conditions of Approval of the tentative map, and the
requirements establishe~ by the Director of Public Works.
Public improvement plans shall be acted on by the Director of Public Works within the time
frame set forth in Government Code Section 66456.2.
C,
Public improvement plans shall be prepared under the direction of a registered civil engineer
and shall be reviewed and approved by the Director of Public Works, if he or she can make
the following findings:
The plans are signed and stamped by a registered civil engineer.
The plan designs are consistent with the tentative map, the conditions of approval
and applicable City standards, with the exception of minor errors or incompleteness,
which do not materially affect the design or the plan conStructability thereof.
All reports and studies required to evaluate' the facility design and the completeness
of the plans have been prepared by a registered civil engineer and have been
reviewed and approved by the Director of Public Works.
All conditions of approval relative to public improvement requirements have been
addressed to the satisfaction of the reviewing authority and the Director of Public
Works.
All title and interest has been obtained by the subdivider for off-site property interest.
All cost estimates have been approved by the Director of Public Works, and
payment of all applicable fees have been received.
Approvaj of designs and plans have been obtained from all other applicable
agencies, as required by the Director of Public Works.
All improvement plans shall be prepared in accordance with the City standards in effect at
the time the tentative map is deemed complete. However, the Director of Public Works
may modify those City standards under the following conditions:
When necessary to protect public health, safety and welfare.
When needed to comply with state or Federal laws.
When, in the opinion of the Director of Public Works, with the consent of the
subdivider, a new standard or requirement is needed which will not materially affect
the intent of the subdivider or the conditions of approval. This shall include the
adoption of other agency standards for use by the Director of Public Works.
E. The Director of Public Works approval of any public improvement plans, or any grading
plans that are required as part of the approval of the final or parcel map, shall expire upon
the he expiration of any applicable Subdivision Improvement Agreement, or two (2) years
from the date the Director of Pub!ic Works approves the plans, whichever is later. Upon
expiration of those plans, new approvals from the Director of Public Works, together with
the payment of new plan review fees, shall be required for any portions of the subdivision
for which grading and improvements have not been completed.
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The provisions within this code shall apply to the construction of all the park facilities and
or any proposed TCSD slope maintenance areas, as required by the Director of Community
Services.
All conditions if approval relative to any public park and/or TCSD slope maintenance
improvement requirements have been addressed in conformance with this section and all
applicable TCSD standards, as required by the Director of Community Services.
16. 30. f O0 Subdivision Improvement Agreemen ts and Improvement Security
Pursuant to the Subdivision Map Act, if any public improvement required as part of the approval
of the subdivision will not be completed and accepted in accordance with Section 16.30.060 prior
to approval of the final tract map, then prior to a determination of a complete and timely filing of the
final tract map by the Director of Public Works, the Subdivider, at his expense, shall be required
to enter into a Subdivision Improvement Agreement with the City to complete said public
improvements in accordance with Section 16.30.060. Performance of said agreement shall be
guaranteed by the security specified in this section.
The form and content of Subdivision Improvement Agreements shall be approved by the
City Attorney. The agreement shall include, but not be limited to, the following minimum
terms and conditions.
Construction of all improvements as set forth in the approved plans and
specifications.
The maximum period within which all improvements shall be completed to the
satisfaction of the Director of Public Works.
Provisions for inspection of all improvements by the Director of Public Works and
payment of fees by the subdivider for the cost of such inspection and all other
incidental costs incurred by the City in enforcing the agreement.
A provision that if the subdivider fails to complete the work within the specified
period of time, or any extended period of time that may have lawfully been granted
to the subdivider, the City may, at its option, complete the required improvement
work and the subdivider and his surety shall be firmly bound, under a continuing
obligation, for payment of the full cost and expense incurred or expende~ by the
City in completing such work, including interest from the date of notice of said cost
and expense until paid.
A provision that, in the event of litigation occasioned by a default of the owner or
subdivider, his successore or assignees, the owner or subdivider, his successors
or assignees will pay all costs involved, including reasonable attomey's fees, and
that the same may be recovered as part of a lien against the real property.
Additional terms or provisions, as may be necessary, pertaining to the forfeiture,
collection, and disposition of improvement secudty upon the failure of the
contracting party to comply with the terms and provisions thereof or with the terms
and provisions of this Code.
B. Subdivision Improvement Agreements shall be valid for a period spedfled in the agreement,
but not to exceed two (2) years from the effective date of the agreement. The Director of
Public Works may, in his discration, extend the term of the Subdivision Improvement
Agreement. The agreement shall not only bind the present subdivider, but also his heirs,
successors, executors, administrators, and assignees so that the obligation runs with the
real property. All agreements shall be executed by all those parties executing the final or
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parcel map, with all signatures acknowledged before a notary public, and shall be
transmitted by the City Clerk to the County Recorder concurrently with the final tract map.
Said agreement shall be recorded upon the title of said real property, in the Office of the
County Recorder, at the expense of the subdivider.
improvement securities shall be required to be posted as a guarantee of the performance
of any act, improvement, or obligation required as a condition of approval of any final tract
map, parcel map waiver, lot line adjustment, or lot merger. Unless otherwise provided
herein, all such improvement securities shall be provided in one of the following forms,
subject to the approval of the Director of Public Works and City Attorney:
A bond or bonds by one or more duly authodzed corporate sureties substantially in
the form prescribed in the subdivision Map Act and subject to the approval and
acceptance of the City Attorney and City Council.
A deposit with the City of either, immediately negotiable bonds or a letter of credit.
Any other form of security, including a lien or other secudty interests in real property,
which the Director of Public Works and the City Attorney may, in their discretion,
allow provided they determine that it is equivalent to the foregoing forms of security
in terms of security and liquidity.
Any written contract or document creating security interest established pursuant to
subsection (C.3) above shall be recorded in the Office of the County Recorder. From the
time of recordation, a lien shall attach to the real property described therein, which lien shall
have the priority of a judgment lien in the amounts specified.
The subdivider shall provide as security to the City.
For performance and guarantee: An amount determined by the Director of Public
Works equal to one hundred (100) percent of the total estimated cost of the
improvement to be performed, including grading monumentation. The estimated
cost of improvement shall include a ten (10) percent contingency and a ten (10)
percent increase for projected inflation computed to the estimated mid-point of
construction.
For payment: An amount determined by the Director of Public Works equal to fifty
(50) percent of the total estimated cost of the improvement to be performed,
excluding grading and monumentation.
Improvement security may be released upon the final completion and acceptance of the act
or work by the City Council; provided, however, such release shall not apply to the amount
of security deemed necessary by the Director of Public Works for the guarantee and
warranty pedod, nor to costs and reasonable expense fees, including reasonable attorney's
fees, incurred by the City in enforcing any improvement agreement. The subdivider shall
not be entitled .to any reduction in secudty until all improvements have been completed to
the satisfaction of the Director of Public Works.
The subdivider shall enter into a separate parkland/landscape improvement agreement and
provide security for any public park facility, landscape median and TCSD slope
maintenance area in conformance with this title and all applicable TCSD standards.
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16.30.120 Completion of Improvements
Public improvements required as a condition of approval shall be completed in accordance
with this Title, unless they are deferred pursuant to Section 16.10.030. The Director of
Public Works shall review and approve any improvement agreement, conduct an
inspection, and approve any constructed public improvement necessary to satisfy this
provision, with the City Council providing final approval of any agreement or acceptance of
any completed public improvement.
Once begun, public improvements for a final tract map, or a parcel map when required, shall
be constructed to completion without interruption. The subdivider shall exercise due
diligence to ensure that this provision is met to the satisfaction of the Director of Public
Works. Construction and inspection of public improvements shall be governed by City
standards and the requirements of any applicable permit.
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At such time as the Director of Public Works determines that any public improvement is
complete to allow the release of ninety (90) percent of the applicable secudties, said public
improvement shall be considered to have entered the warranty pedod. The warranty period
shall be a minimum of one (1) year; however, it may be extended as long as necessary to
ensure that the public improvements are suitable for public ow.nership and maintenance
responsibility, as determined by the Director of public Works and accepted by the City
Council.
D,
Notwithstanding any applicable agreement, the ownership of an responsibility for the
construction and maintenance of any public improvement is held by the subdivider and shall
remain so until such time as the City Council accepts the completed public improvements.
Upon acceptance of a public improvement, the City Council shall provide a notice of
completion for that public improvement, and it shall authorize the Director of Public Works
to release applicable securities for that public improvement. This action shall serve to
transfer ownership and maintenance responsibility of the public improvement from the
subdivider to the City, .and to provide full acceptance of the applicable dedication or
easement, which acceptance had been contingent upon completion and acceptance of
public improvements within said dedication or easement, subject to the terms of any
applicable agreement.
Public park facilities and/or any proposed TCSD slope maintenance areas shall be
completed in accordance with the provisions of this Title and to the satisfaction of the
Director of Community Services. The City Council shall provide final approval and
acceptance of public park facilities and other fee title interests. The TCSD Board of
Directors shall provide final approval and acceptance of all designated TCSD slope
maintenance areas.
16.30. 140 Dedications
Dedication of land or payment of fees in lieu of dedication of parkland shall be pursuant to
the provisions contained within Chapter 16.33.
B. Right-of-way dedications, irrevocable offers of dedication, and grants of easements required
upon a final or parcel map shall either be accepted, consented for recordation, accepted
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subject to improvement, or rejected-at the time the final or parcel map is approved.
Acceptance of the dedication or easement shall serve to transfer the appropriate interest
to the City, subject to the terms of the offer and the acceptance certificate. Rejection of the
dedication or easement shall reserve the City's ability to accept all or part of the dedication
or easement in accordance with State law. The Director of Public Works shall determine
whether the dedication, irrevocable offer of dedication, or easement shall be accepted,
accepted subject to improvement or rejected pursuant to City standards.
Fee title shall be granted by the subdivider when in the opinion of the City Council in
consultation with the Director of Public Works, it is necessary to carry out policies and
requirements of the General Plan and any City ordinance, resolution or standard.
The types of dedications, easements or grants of fee title that a subdivision may be subject
to shall include, but shall not be limited to: streets, alleys, access rights, drainage, public
utility, landscape, slope and sewer.
16.33 PARK DEDICATION REQUIREMENTS
16.33.020 Purpose
This chapter establishes criteria for the dedication of land or payment of in-lieu fees for the
development of new, or rehabilitation or enhancement of existing community parks or recreational
facilities in accordance with Section 66477 of the Government Code and other applicable law.
16.33.040 Applicability
As a condition of approval of a final tract map, the subdivider shall dedicate land, pay a fee in lieu
· thereof, or both, at the option of the City, for neighborhood and community park or recreational
purposes in accordance with the standards herein, the General Plan and the Parks and Recreation
Master Plan, and the formulas contained in this Section.
16.33.060 General Standard
Pursuant to the City's Park and Recreation Master Plan, the City Council reaffirms its finding that
the amount of existing neighborhood and community park areas, as of the date of Resolution No.
90-53 and the date of Ordinance No.460, Section 10.35(c), exceeds the three (3) acres per 1,000
persons residing in the City, and that the public interest, convenience, health, welfare, and safety
require that a minimum of five (5) acres of property for each 1,000 persons residing within this City
be devoted to neighborhood and community park recreational purposes.
16.33.080 General Dedication Requirements
A. Whenever a tentative map which is subject to the provisions of this section is submitted to
the City, the developer shall consult with the Director of Community Services to determine
whether parkland, in-lieu fees or a combination of both shall be dedicated for park and
recreational purposes.
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The conditions of approval of a tentative map subject to the provisions of this section shall
require the dedication of land, the payment of in lieu fees, or a combination of both for park
and recreational purposes at the discretion of the City pursuant to Section 16.33.040. If the
land is to be dedicated, conceptual plans for the park improvements shall be reviewed by
the Director of Community Services and the proposed dedication shall be identified on the
tentative map as a separate numbered lot.
The amount and location of the property to be dedicated and/or the amount of any fees to
be paid shall be determined by the Director of Community Services pursuant to the
provisions of this Chapter.
Whenever subsequent development occurs on property for which fees have already been
paid or land dedicated, no additional fees or dedications shall be required except as to any
additional lots or dwelling units which were not subject to a prior fee or dedication
requirement.
If parkland is to be dedicated, park improvement plans shall be reviewed and appreved by
the Director of Community Services. An agreement and secudties shall be posted prior to
recordation of the map to guarantee construction of the park to City standards.
Land dedicated shall be conveyed by grant deed in fee title to the City upon completion of
the improvements to City standards and acceptance by the City Council. Said parkland
shall be free and clear of all encumbrances except those that the City accepts in writing.
An environmental site assessment report shall be required for all park areas to determine
that the land is free from toxic hazardous materials. The subdivider shall provide all fees
and instruments necessary to convey the land plus a preliminary title report and title
insurance in favor of the City, in an amount approved by the City.
Whenever fees are to be paid, the fees shall be paid pdor to recordation of the final tract
map, or in the instance of; maps consisting of five (5) or less parcels or less, prior to
issuance of building permits, as determined by the City. If the payment of fees is deferred
to building permit, for maps consisting of (5) parcels or less, the City shall determine
whether the fees shall be paid on a pro rata basis for each dwelling unit prior to the
issuance of a building permit, or on a pro rata basis for certain percentages of the dwelling
units prior to the issuance of building permits.
Whenever land has been conveyed or fees paid to the City and a final tract map is never
recorded or, if recorded, is reverted to acreage, the City shall, at its option, either reconvey
all land dedicated to it, repay all fees paid without interest, allow the developer a credit for
any land dedicated or fees paid to be applied only to a new subdivision on the same
property, or make other arrangements with the subdivider.
16.33.100 Determination of Land or Fee
In considering whether the City accepts land dedication or elects to require payment of a fee in lieu
thereof, or a combination of both, the analysis shall consider the following:
The minimum park size acceptable for dedication to the City as a provision of this section
shall be three (3) acres, unless approved by the Director of Community Services.
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The natural features, access, and location of the proposed park site within in the subdivision
available for dedication that are compatible the location of existing proposed park sites and
trail ways and the compatibility of dedication with the City's General Plan and Park and
Recreation Master Plan.
Land proposed for public park purposes pursuant to this section shall not exceed a 10
percent maximum slope.
For subdivisions containing 50 parcels or less only the payment of fees may be required:
provided, however, that'when a condominium project, stock cooperative or community
apartment project exceeds 50 dwelling units, the dedication of land may be required even
though the number of parcels may be less than 50. Nothing herein shall prevent the City
from accepting the voluntary dedication of land by a subdivider for a subdivision containing
less than 50 parcels if the dedication meets the other requirements of this section.
Whenever the actual amount of land to be dedicated is less than the amount of land
required to be dedicated, the subdivider shall pay fees for the value of any additional land
that otherwise would have been required to be dedicated.
Nothing in this Section shall be interpreted to prohibit, or limit in any manner, the City from
determining the location and configuration of land to be dedicated. The determination of the
City Council as to whether land shall be dedicate'd, or whether a fee shall be charged, or
a combination thereof, shall be final and conclusive.
16.33. 120 Formula for Dedication of Land.
Where a park or recreation facility has been designated and is to be located in whole or in part
within the proposed subdivision to serve the immediate and future needs of the residents of the
subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography that
bears a reasonable relationship to serve the present and future needs of the residents of the
subdivision. The amount of lar~d to be provided shall be determined pursuant to the following
formulas:
Average number of persons/unit x 5 acres = minimum acreage dedication 1,000 persons
Example for a single family dwelling unit (DU):
3.12 x 5 = .01605 acres/DU 1,000
PARK LAND DEDICATION FORMULA*
Tyl~e of Dwellinq Average DensltVl Dwelling Unit
Single family residential 3.12
Single family attached 2.85
Multi-family attached (2 - 4 units) 2.48
Multi-family attached (5 or more units) 2.43
Mobile homes 2.00
*Established pursuant to Section 66477 (a) (a) of the Govemment Code
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The subdivider, in addition to the dedicated land required by this section, may be conditioned to
provide park improvements, as determined by the City. In retum for park improvements, the
developer shall receive fee credits against the overall park land dedication requirements of this
section and/or the parks and recreation component of the City's Development Impact Fees equal
to the cost of said improvements.
The land to be dedicated and the improvements to be made pursuant to this section shall be
subject to the approval of the Director of Community Services and shall conform to the City's
guidelines for park dedications.
16. 33. 140 Criteria for Requiring Payment of In-Lieu Fees
Whenever a fee is to be paid in lieu of the dedication of land, the following provisions shall apply:
The fee shall be based either on the fair market value of the land which would otherwise
be required or on a fixed in-lieu rate established by the City Manager. If no fixed in-lieu fee
rate has been established, the fee shall be determined by multiplying the number of acres
of land required to be dedicated pursuant to this section by the per acre fair market value
of the improved value of the subdivision.
The fair market value of an acre of land within the subdivision shall be based on the value
of the land as a recorded map, with an improved and developed subdivision, not as raw
acreage. The fair market value shall be determined and agreed to by the City and the
subdivider. However, if an agreement on the fair market value cannot be reached, the
subdivider may, at his own expense, obtain an appraisal of the property. If the City does
not accept the subdividers appraisal, it may cause an appraisal to be made of the land by
an MAI appraiser, for which the subdivider pays, which shall be final and conclusive.
Whenever fees are paid pursuant to this section, the public agency shall deposit them into
a separate subdivision park account. Money in said account, including accrued interest,
shall be expended solely for the acquisition or development of parkland, or improvements
related thereto or rehabilitating existing park or recreational facilities Within the planning
area. If the final tract map is withdrawn or rejected, the fees shall be returned, without
interest to the subdivider.
The City shall commit the uses of the collected fees for park or recreational purposes to
serve residents of the subdivisions and planning area within five years upon receipt of
payment or within five years after the issuance of building permits on one half of the lots
created by the subdivision, whichever occurs later. If the fees are not so committed, they
shall be distributed and paid to the then record owners of the subdivision in the same
proportion that the size of their lot bears to the total area of all lots in the subdivision.
The Director of Community Services shall report to the City Council at least annually on
income, expenditures and status of the subdivision park account.
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16.33.160 Credit for Private Parks and Recreation Areas
Where private park areas for active recreational purposes are proposed within a subdivision to be
privately owned and maintained, the subdivider may receive up to a fifty percent (50%) credit
against the requirement of land dedication or payment of in-lieu fees as follows:
Yards, court areas, setbacks, and other open space areas reequired by the Community
Development Department shall not be included in the computation of such private open
space;
Use of the private park or recreational area is restricted for park and recreation purposes
by recorded covenants which run with the land in favor of the future owners of the property
which cannot be eliminated without the consent of the City and which are submitted to the
City prior to the approval of the final tract map;
The private park or recreation area is reasonably adaptable for use for park and recreation
purposes, taking into consideration such factors as size, shape, topography, geology,
access, and location;
The pdvate park and recreation facilities shall be owned by the developer or a homeowners
association composed of all property owners in the subdivision and incorporated as a
nonprofit mutual benefit organization, operated under recorded land agreements through
which each lot owner, renter, or lessee is automatically a member, and each lot is subject
to a charge for a proportionate share of expenses for maintaining the facilities;
E. Active recreational purposes shall mean, for purposes of this section:
Park areas for active recreational pursuits, such as sports fields. court games,
swimming pools, children's play areas, picnic areas and open lawn areas hav. ing a
maximum 10% slope.
Recreational buildings and facilities designed for the recreational needs of the
residents within the development.
Active recreational uses do not include natural open space, nature study areas, open space
or buffer areas, steep slopes, riding and hiking trails, scenic overlooks, water courses,
drainage areas or water bodies.
16.33.180 Exemptions
This section shall not apply to the following land divisions:
Commercial or industrial and those parcels exempted by the provisions of Section 66477
(a) (8) of the Subdivision Map Act.
B. Subdivisions containing less than five parcels and not used for residential purposes shall
be exempted from the requirements of this ordinance; provided however, that a condition
shall be placed on the approval of a tentative parcel map that if a building permit is
requested for construction of a residential structure or structures on one or more of the
parcels within four years after the map is approved, a fee may be required to be paid by the
owner of each parcel as a condition to the issuance of such building permit.
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Condominium projects or stock cooperatives which consist of the subdivision of airspace
in an existing apartment building which is more than five years old when no new dwelling
units are added.
16.36 LOT LINE ADJUSTMENT
16,36,020 Purpose
This Chapter establishes procedures for adjusting the boundary lines between two (2) or more
existing parcels.
16.36.040 Applicability
Lot line adjustment may be utilized to reconfigure two or more adjoining lots int~ sizes or shapes
appropriate for desired uses.
16.36.060 Filing of Lot Line Adjustments
Requests for a lot line adjustment shall be filed with the Community Development Department on
an appmved City application form,
16.36.080 Processing Procedures
Once an application has been accepted for filing, the Director shall distribute the lot line
adjustment request for review and comment to the Public Works Department and other
appropriate departments or agencies,
Within 30 days of acceptance of the application, the Director shall either approve the lot line
adjustment, approve with conditions, or deny the lot line adjustment.
The applicant shall provide the City with new grant deeds which reflect the approved lot line
adjustment. City shall record new grant deeds and provide copies to the applicant.
Upon approval or conditional approval of the lot line adjustment and racaipt by the City of
the recorded deeds reflecting the new configuration, the Director shall issue either a
Certificate of Compliance or a Conditional Certificate of Compliance as required, indicating
the City's acceptance and approval of the request.
16.36. 1 O0 Evaluation Criteria
The following conditions shall be met as a condition of approval of a lot line adjustment:
A. The adjustment does not create a greater number of parcels than odginally existed.
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The resulting lot(s) conform with City General Plan development and building codes.
The adjustment does not cause existing uses of the property to be out of compliance with
any provisions of the Municipal Code.
All lots involved am legal lots.
16.36. 120 Conditions of Approval
The Director may not impose conditions or exactions on the approval of a lot line adjustment,
except:
A. To conform with zoning and building codes.
B. To require the prepayment of real preperly taxes prior to the approval of the lot line
adjustment.
C. To facilitate the relocation of existing utilities, infrastructure, or easements.
16.36.140 Prohibited Conditions
A record of survey shall not be required for a lot line adjustment unless required by Section
8762 of the Business and Professions Code, State of California.
No tentative map, parcel map, or final tract map shall be required as a condition to the
approval of a lot line adjustment.
16.36.160 Fees
A completed request for a lot line adjustment request shall include payment of a processing fee as
established by City Council resolution.
16.36. 180 Appeals
All appeals shall be processed as provided by Chapter 17.03.090, of the Development Code.
16.39 MERGER OF CONTIGUOUS PARCELS
16.39.020 Purpose
The purpose of this section is to provide procedures by which the City may require or provide for
the merger of contiguous parcels under common ownership. This Section has been adopted in
compliance with the provisions of Sections 66451.11 of the Subdivision Map Act and complies with
the provisions of Sections 66451.10 through 66451.21 inclusive, of the Subdivision Map Act, which
provides the City with authority for the merger of contiguous parcels.
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16.39.040 When Parcels May Be Merged
The Director or the owner of any contiguous parcel may initiate the merger of any parcel which
meets the requirements ofSubsection C of Section 16.13.030. The Director, Planning Commission
or City Council may require the owner of any contiguous parcel to request the merger of any or all
contiguous parcels within the City in conjunction with the approval of any development plan
(Chapter 17.05) or conditional use permit (Chapter 17.04) of the Temecula Municipal Code.
16.39.060 Merger Requirements
The merger of a parcel with a contiguous parcel(s) may only occur if all the following requirements
are satisfied:
A. Any contiguous parcels are held by the same owner or owners.
That at least one of the affected parcels is undeveloped and does not contain a structure
for which a building permit was issued or for which a building permit was not required at the
time of construction, or is developed only with an accessory structure or other structure
which is sited or partially sited on a contiguous parcel.
C. That one or more of the following conditions applies to any affected parcel:
3.
4.
5.
6.
7.
8.
At least one of the parcel(s) involved comprises less than 5,000 square feet in area
at the time of the determination of merger.
The parcel was not legally created in compliance with all applicable laws and
ordinances in effect at the time of its establishment.
The parcel does not meet slope stability standards.
The parcel does not met current standards for sewage disposal and domestic water
supply.
The parcel has no legal access which is adequate for motor vehicles or safety
equipment.
The development of the parcel would create health and safety hazards.
The parcel is inconsistent with the City's General Plan, any approved Specific Plan,
or the provisions of the City's zoning and development code.
A lot line passes through a structure within a development project that has been
appreved pursuant to the Development Code.
D. That the parcels when merged will not:
Be inconsistent or create a conflict with the City Development Code or General Plan,
or any appreved Specific Plan.
Create a conflict with the location of any existing structures.
Depdve or restdct another parcel of access.
Create new lot lines.
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16.39.080 City Initiated Merger
Prior to merging any contiguous parcels, the Director shall, by Certified Mail to the property
owner(s) of record at the address shown on the latest available assessment roll of the
County of Riverside, mail a Notice of Intent to Merge which notifies the owner(s) that the
affected parcels may be merged pursuant to the provisions of this Section. The notice shall
include the statement that the Owner(s) will be given the opportunity to request a hearing
and to present evidence that the proposed contiguous parcel merger does not meet the
criteria for a merger. For the purpose of this Ordinance, a property owner is any person
holding any portion of the title for any involved property.
The Notice of Intent to Merge shall be recorded with the Riverside County Recorder on the
date that the notice is given to all property owner(s) of record.
C=
Within thirty (30) days of the recordation of the Notice of Intent to Merge, the owner of the
affected property must file a request for a headng regarding the proposed merger, with the
Planning Department.
If the owner of the affected property does not file a request for a hearing within the
thirty (30) day time pedod spedfled above, the Director of Planning shall determine
whether or not to merge the contiguous parcels. To merge contiguous parcels the
Director of Planning shall make the following findings:
a. The merged parcel complies with the appropriate provisions of the
Subdivision Map Act and all applicable City Requirements for the merging
of contiguous parcels.
b. The merged parcel does not adversely affect the purpose and intent of the
City's General Plan or the public health, safety, and welfare.
If the owner of the affected property requests a headng on the merger, then
Planning Commission, after a hearing, shall make the determination whether or not
the affected parcels are or are not to be merged.
The Planning Department shall set a time, date, and location for the hearing upon receiving
a request for a hearing from the property owner of the affected property or on the thirty-first
(31)' day following the recordation of the Notice of Intent to Merge. The hearing shall be
conducted within sixty (60) days following the receipt of the owner's request, but may be
continued with the mutual consent of the Planning Commission and the property owner.
Notice of the hearing shall be given to the property owner(s) by Certified Mail.
At the hearing the property owner shall be given the opportunity to present evidence that
the affected property does not meet the merger requirements set forth in this Subsection
C of this Section. At the conclusion of the hearing, the Planning Commission shall make
a determination to whether the affected parcels are to be merged or not to be merged. To
merge contiguous parcels the Planning Commission shall make the following findings:
The merged parcel complies with the appropriate provisions of the Subdivision Map
Act and all applicable City Requirements for the merging of contiguous parcels.
The merged parcel does not adversely affect the purpose and intent of the City's
General Plan or the public health, safety and welfare.
F. If the Planning Commission determines that the subject parcels shall be merged, it shall
cause the Notice of Intent to Merge to be recorded as provided for in Section 66451.12 of
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the Government Code. If notification cannot be made at the time of the headng to the
parcel owner in person, notification shall be made by Certified Mail. The Commission shall
notify the owner of its determination no later than five working days after the conclusion of
the hearing.
If the Planning Commission determines that the parcels should not be merged, the
Commission shall instruct the Director of Planning to release the Notification of Intent to
Merge and mail a copy of the release to the property owner.
16.39. 100 Property Owner Requested Merger
When the owner or owners of record of any contiguous parcel, as defined in Subsection C,
requests the merger of four (4) or fewer contiguous parcels, application shall be made on
the forms and in the manner specifiedby the Director.
Within thirty (30) days of the application to merge parcels, the Director of Planning shall
determine whether the affected parcels are to be merged. To merge contiguous parcels
the Director of Planning shall make the following findings:
The merged parcel complies with the appropriate provisions of the Subdivision Map
Act and all applicable City Requirements for the merging of contiguous parcels.
The merged parcel does not adversely affect the purpose and intent of the City's
General Plan or the public health, safety, and welfare.
If the Director of Planning determines that the subject parcels shall be merged, it shall
cause the Notice of Merger to be recorded as provided for in Section 66451.12 of the
Government Code. If notification cannot be made at the time of the hearing to the parcel
owner in person, notification shall be made no later than five working days after the
conclusion of the hearing.
If the Director determines that the parcels should not be merged, the Director of Planning
shall release the notification of intent to merge and mail a copy to the release to the
property owner. ..,.
6.39.120 Effective Date of Merger
The merger of any contiguous parcels shall become effective upon recordation of the Notice of
Merger with the County Recorder. The Notice of Merger shall specify the date of the Director's
determination, the names of the recorded owners, and a legal description of the properties.
16.39. 140 Appeal of Merger
The appeal of the Directors determination to merge contiguous parcels to the appropdate advisory
agency shall be made in accordance with the appeal provisions contained in Section 17.03.090 of
the Development Code.
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16,42 REVERSION TO ACREAGE
16.42.020 General
Any subdivided property may be reverted to acreage pursuant to the provisions of the Subdivision
Map Act and this Title. Subdivisions also may be merged and resubdivided without rever~ing to
acreage, under the provisions of Certificate of Parcel Merger.
16,42.040 Initiation of Proceedings
By Owners Proceedings to revert subdivided property to acreage may be initiated by
petition (in a form prescribed by the Director) of all the owners of record of the property.
B,
By City Coundl - The City Council may, by resolution, initiate proceedings to revert property
to acreage. The City Council shall direct the Department of Community Development to
obtain the necessary information to initiate and conduct the proceedings and to notify all
property owners affected.
16.42. 060 Filing of Reversion to Acreage
Requests for petition shall be filed with the Community Development Department on an
approved City application form.
B. The application shall contain, but not be limited to, the following:
Evidence of title to the real property.
Evidence of the consent of all of the owners of an interest in the property.
Evidence that none of the improvements required to be made has been made within
two years from the date the final or parcel map was filed for record, or within the
time allowed by agreement for completion of the improvements, whichever is later.
Evidence that no lots shown on the final or parcel map have been sold within five
years from the date such final or parcel map was file for record.
A final tract map or final parcel map, in the form prescribed by Chapter 16.05 or
Section 16.06 delineating dedications that will not be vacated and dedications
required as a condition to reversion. Final tract maps or final parcel maps shall be
conspicuously designated with the title, 'q'he Purpose of this Map is a Reversion to
Acreage".
16.42.080 Submittal of Petition to Director
The final or parcel ma~ for the reversion, together with all other data as required by this article,
shall be submitted to the Director for review. Upon finding that the petition meets with all the
requirements of the Subdivision Map Act and this Chapter, the Director shall submit the final or
parcel map, together with a report and recommendations of approval or conditional approval of the
reversion to acreage, to the City Council for its consideration.
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16. 42. 100 City Council Approval
A public headng shall be held by the City Council on all proposed reversions to acreage.
Notice of the public headrig shall be given as provided in Section 17.03.040 of the
Development Code. The Department may give such other notice that it deems necessary
or advisable.
B=
The City Council may approve a reversion to acreage only if it finds and records by
resolution that:
Dedications or offers of dedication to be vacated or abandoned by the reversion to
acreage are unnecessary for present or prospective public purposes.
Either:
a. all owners of an interest in the real property within the subdivision have
consented to reversion; or
b. none of the improvements required to be made has been made within two
years from the date the final or parcel map was filed for record, or within the
time allowed by agreement for completion of the improvements, whichever
is later; or
c. no lots shown on the final or parcel map or portio. n thereof have been sold
within five years from the date such map was filed for record.
The City Council may require as conditioris of the reversion:
a. that owners dedicate or offer to dedicate streets, public dght-of-way or
easements; including easements or fee interest for flood control facilities.
b. that all or a portion of previously paid subdivision fees, deposits or
improvement securities be retained if the same are necessary to accomplish
any of the purposes for provisions of this article; or
c. such other conditions of reversion as are necessary to accomplish the
purposes or provisions of this Chapter or necessary to protect the public
health, safety or welfare.
16.42. 120 Filing With The CoUnty Recorder
Upon approval of the reversion to acreage, the City Clerk shall transmit the final tract map or final
parcel map to the County Recorder for recordation. Reversion shall be effective upon the final tract
map or final parcel map being filed for record by the County Recorder. Upon filing, all dedications
and offers of dedication not shown on the final tract map or final parcel map for reversion shall be
of no further force or effect.
16.45 CERTIFICATE OF LAND DIVISION COMPLIANCE
16. 45. 020 Purpose
Certificates of Compliance provide a means for conferring legal status to parcels of land which were
not created by legal means and shall be issued in accordance with Section 66499.35 of the
Government Code and this Chapter.
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16,45.040 Appficability
This Chapter applies to parcels of land for which there is no final tract map, final parcel map, official
map, or approved certificate of exception which establish legal status for the parcels.
16.45.060 Filing Procedures
Requests for certificates of compliance shall be filed with the Community Development Department
on an approved City application form and shall be accompanied by all the required application
materials.
16.45.080 Review and Processing Procedures
The City shall review the application and shall issue a Certificate of Compliance or a Conditional
Certificate of Compliance. The determination shall be based on the following criteria:
A Certificate of Compliance shall be issued for any parcel created prior to March 4, 1972,
which meets the following criteria:
The parcels resulted from a division of the land in which fewer than five (5) parcels
were created, and
At the time of creation of parcels, there was no local ordinance regulating the
division of land.
A Certificate of Compliance shall be issued for any real property which has been approved
for development pursuant to Section 66499.34 of the Government Code.
A Certificate of Compliance or a Conditional Certificate of Compliance shall be issued for
any parcel which does not, or at the time of creation did not, comply with the provision of
state or local ordinances regulating the division of land. A Conditional Certificate of
Compliance may include the conditions as follows:
If the subdivider was not the owner of record at the time of the initial land division,
the conditional Certificate of Compliance may impose conditions which would have
been applicable to a division of land on the date the subdivider acquired the
property.
If the subdivider was the owner or record at the time of the initial land division and
currently owns one or more of the parcels involved in the land division, the
conditional Certificate of Compliance may impose conditions which would be
applicable to a current division of land.
The City shall file the completed Certificate of Compliance or Conditional Certificate of
Compliance with the Riverside County Recorders Office.
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16.51 TRADITIONAL NEIGHBORHOOD DEVELOPMENT-SUBDIVISION STANDARDS
16.51.020 Purpose
The purpose of this section is to allow for the development of fully integrated, mixed-use pedestrian
oriented neighborhoods. The intent is to minimize traffic congestion, suburban sprawl,
infrastructure costs, and environmental degradation. The provisions of this section adapt urban
conventions that were normal in the United States 3dor to World War II and were based on the
following design principles.
A. All neighborhoods have identifiable centers and edges.
Edge lots are readily accessible to retail and recreation by non-vehicular means (a distance
of no greater than 1/4 mile).
C. Uses and housing types are mixed and in close proximity to one another:
D. Street networks are interconnected and blocks are small.
E. Civic buildings are given prominent sites throughout the neighborhood.
16.51.040 Street and Lot Layout Requirements
The widths, alignments and geometric designs of streets and highways shall conform to City
standards and to the following requirements:
2.
3.
4.
Streets shall provide access to all tracts and lots.
All streets and alleys shall terminate at other streets within the neighborhood and
connect to existing and projected though streets outside the development,
There shall generally be a continuous network of alleys to the rear of lots within the
TND.
The average perimeter of all blocks within the TND shall not exceed 1,350 feet. No
block face shall have length greater than 500 feet without a dedicated alley or
pathway providing through access.
Utilities shall run along alleys wherever possible.
Street lamps shall be installed on both sides of the street no less than 100 feet
apart.
Rights-of-way and streets are encouraged to differ in dimensions according to use.
Each street shall be separately designated in accordance with the following labels
and street nomenclature,
a. Boulevard (BV) A boulevard is a larger multilane and generally urban
corridor with a central, planted median,
b. Avenue (AV) An avenue is a connector that may be multilaned and run
through a TND, terminating its axis a civic building or monument.
c. Street (ST) a street typically allows two-way vehicular travel, is of closed-
section (curb and gutter) design, will predominately have sidewalks on both
sides, does not have a central median or "refuge" area, and is the most
common corddot in a TND.
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9.
10.
d. Road (RD) A road provides access to pdmadly residential neighborhoods of
lower (one to three dwellings per acre), may be of open or dosed drainage
section, and only has striped parking on street.
e. Drive (DR). A ddve is found at the edge between a developed, sometimes
urban area and a natural area such as a stream bed or dedicated natural
open space; one side of a ddve may be detailed with curbing, gutters,
sidewalk and striped parking, while the other side may be detailed as a more
rural condition, depending on location and the subdivider's intent.
f. Alley (AL) an alley is found to the rear of lots, has no sidewalks or setbacks,
is desigried as the service routes for the lots they abut, and is typically
constructed with inverted crowns and center drainage, but may be
constructed otherwise where lower density residential lots only are serviced.
Building setback lines shall be established along all streets and public space
frontages, determining the width desired for each street or public space.
The long axis of the street shall have appropriate termination with either a public
monument, specifically designed facade, or a gateway to the ensuing space.
Cul-de-sacs shall be allowed only where topography or lot line configurations offer
no practical alternative. They shall not exceed 250 feet in length from the nearest
intersection with a street providing through access.
f6.51.060 Street Right-of-Way Standards
A. The maximum street right-of-way shall be conform to the following table:
TABLE 16,51,060
TND MAXIMUM RIGHT-OF-WAY
Parallel
Land Use Row Travel Lanes
Parking
Detached '
40' 2 @ 10' None
Homes
Attached
Homes/ 8' on both
Small Lot 50' 2 @ 10'
sides
Detached
Homes
8' on both
Shop Front 65' 2 @ 12'
sides
2 @ 11' and
one 10' 8' on both
Business 65"
central sides
turning lane
Sidewalks Curb Radius
Max.
Max.
,
10'
Max.
12'
10'
9' Max. 15'
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16.54 DEFINITIONS OF TERMS
"Alley" means a public way for pedestrian, equestrian, or vehicle use which affords only a
secondary means of access to abutting properties.
"Approved" when used to refer to tentative map or other subdivision or recon~guration action
having received the consent, endorsement, or permission of the City or any advisory agency and
shall include those maps or actions which have been conditionally approved.
"CEQA" means the California Environmental Quality Act of 1970 as amended.
"City" means the City of Temecula and/or its employees, consultants, agents, or designees.
"Consistent" means free from vadation or contradiction. State law requires consistency between
a general plan and implementation measures such as the subdivision ordinance.
"County" means the County of Riverside.
"County Recorder" means the recorder for the County of Riverside.
"Development Code" means Title 17 of the City of Temecula Munidpal Code, including all text and
maps, as it may be amended from time to time.
"Design" means (1) street alignments, grades, and widths; (2) drainage and sanitary facilities and
utilities, including alignments and grades thereof; (3) location and size of all required easements
and rights-of-way; (4) fire roads and firebreaks; (5) lot size and configuration; (6) traffic access; (7)
grading; (8) land to be dedicated for park or recreational purposes; and (9) such other specific
physical requirements in the plan and configuration of the entire subdivision as may be necessary
to incur consistency with, or implementation of the general plan or any applicable spedtic plan; (10)
the linking of components of the built environment, thereby establishing a sense of order and
organization to what otherwise can be perceived as disjointed or haphazard development.
"Director' means the Director of Community Development or his or her designee. ..
"General Plan" means the General Plan of the City of Temecula, including all adopted elements
and maps, as it may be amended from time to time.
"Improvement" means any street work and utilities to be installed, or agreed to be installed, by the
subdivider on the land to be used for public or private streets, highways, ways, and easements, as
are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic
and drainage needs as a condition precedent to the approval and acceptance of the final tract map,
It also means any other specific improvements or types of improvements, the installation of which,
either by the subdivider, by public agencies, by pdvate utilities, by any other entity approved by the
local agency, or by a combination of them, is necessary to ensure consistency with, or
implementation of the general plan or any applicable specific plan.
"Lot" means a parcel of real property with a separate and distinct number or other designation
shown on an approved map such as a final tract map, parcel map, record of survey, other plot, or
described as a separate and distinct lot by a metes and bounds description, which is filed in the
office of the county recorder.
\\TEMEC_FS201\DATA\DEPTS~PLANNING~BROWNS~SUbdiviSion ord~ordinance text.doc 54
"May" shall mean permissive.
"Net area" excludes area on a lot or lots identified or designated for utilization as dedications and
easements for access to ingress to or egress from properby easements for streets or
pedestrian/equestrian purposes irrespective of whether such easements are public or private.
"Park and Recreation Master Plan" means the Park and Recreation Master Plan for the City of
Temecula, including all adopted elements and maps, as it may be amended from time to time.
"Section" means a section of this title, unless some statute or other Ordinance is referred to.
"Shall" is a mandatory directire.
"Slope" means the land gradient described as the vertical dse divided by the horizontal run, and
expressed in percent.
"Subdivider" means the landowner or the owner's designee.
"Subdivision Map Act" means Section 66410 et seq. of the Government Code.
"TCSD" means the Temecula Community Services District.
"TND" means Traditional Neighborhood Development.
"Tentative map" means a map prepared in accordance with the provisions of this Title and for the
purpose of showing the design and improvement of a proposed subdivision and the existing
conditions in and around it, and it need not be based upon an accurate and detailed final survey
of the property.
"Vesting tentative map" means a tentative map prepared in accordance with the provisions Of this
Title that shall have pdnted conspicuously on its face the words "Vesting Tentative Map" at the time
it is filed.
"Zoning District" means a specifically delineated area, district or zone within the city in which
regulations and requirements uniformly govem the use, placement, spacing and size of land and
buildings.
16.57 ENFORCEMENT
16.57.020 Prohibition
No person shall sell, lease, or finance any pamel or parcels of real property or commence
construction of any building for sale, lease or ~nandng thereon, or allow occupancy thereof,
for which a final tract map or parcel map is required by the Subdivision Map Act or this
Ordinance, until such a map, in full compliance with the provisions of the Subdivision Map
Act and this Ordinance, and has been filed for record by the County Recorder.
B. Conveyances of any part of a division of real property for which a final or parcel map is
required by the Subdivision Map Act or this Ordinance shall not be made by parcel or block
\\TEMEC_FS201~DATA'~DEPTS~PLANNING\BROWNS~ubdiviSiOn ord~ordinance textdoe 55
C,
number, letter or other designation, unless and until such map has been filed for record by
the County Recorder.
This section does not apply to any parcel or parcels of subdivision offered for sale or lease,
contracted for sale or lease, or sold or leased in compliance with or exempt from any law,
including this Ordinance, regulating the design and improvement of subdivisions in effect
at the time the subdivision was established.
Nothing contained in Paregraphs (I) above shall be deemed to prohibit an offer or contract
to sell, lease or finance real property or to construct improvements thereon where such
sale, lease of financing, or the commencement of such construction, is expressly
conditioned upon the approval and filing of a final tract map or parcel map, as required
under the Subdivision Map Act or this article.
16.57.040 Remedies
Any deed of conveyance, sale or contract to sell real property which has been divided or
which has resulted from a division in violation of the provisions of the Subdivision Map Act
or this article, is voidable at the sole option of the grantee, buyer or person contracting to
purchase, any heirs, personal representative, or trustee in insolvency or bankruptcy thereof
within one year after the date of discovery of such violation.
Any grantee, or successor in interest thereof, of real property which has been divided, or
which has resulted from a division, in violation of the provisions of this Ordinance or the
Subdivision Map Act may, within one-year of the date of discovery of such violation, bring
an action in the superior court to recover any damages suffered by reason of such division
of properby. The action may be brought against the person who so divided the property and
against any successors in interest who so divided the preperty and against any successors
in interest who have actual or constructive knowledge of such division of property.
The provisions of this section shall not apply to the conveyance of any parcel of real
property identified in a Certificate of Compliance filed recorded final tract map or parcel
map,' from and after the date of recording.
The provisions of this section shall not limit or affect, in any way, the rights of a grantee or
successor in interest under any other provision of law.
This section does not bar any legal, equitable or summary remedy to which the City or other
public agency, or any person, firm or corporation may otherwise be entitled, and the City
or other public agency, or such person, firm or corporation may file a suit in the superior
court to restrein or enjoin any attempted or proposed subdivision or sale, Subdivision Map
Act or this article.
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The City shall not issue a permit or grant any approval necessary to develop any real
property which has been divided or which has resulted from a division, in violation of the
provisions of the Subdivision Map Act or this Ordinance, if it finds that development of such
real property is contrary to the public health or the public safety. The authority to deny or
approve such a perTnit shall apply whether the applicant therefore was the owner of record
at the time of such violation or whether the applicant therefore is either the current owner
of record or a vendee thereof with, or without, actual or constructive knowledge of the
violation at the time of the acquisition of an interest in such real property.
If the City issues a permit or grants approval for the development of any real property
illegally subdivided under the provisions of paragraph (vi) above, the City may impose those
additional conditions which would have been applicable to the division of the property at the
time the current owner of record acquired the property. If the property has the same owner
of record as at the time of the initial violation, the City may impose conditions applicable to
a current division of the property. If a conditional Certificate of Compliance has been filed
for recordation in accordance with the provisions of Chapter 16.45. only those conditions
stipulated in that certificate shall be applicable.
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ATTACHMENT NO. 2
PC RESOLUTION NO. 99-
\%TEMEC_FS201\DATA%DEPTS\PLANNING\BROWNS~subdivision orcl~staff report,doc
6
ATTACHMENT NO. 2
PC RESOLUTION NO. 99-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL
ADOPT A REVISED SUBDIVISION ORDINANCE.
WHEREAS, THE CITY OF TEMECULA prepared the Subdivision Ordinance in accordance
with the City of Temecula General Plan and The State Subdivision Map Act;
WHEREAS, The Subdivision Ordinance was processed in the time and manner prescribed
by State and local law;
WHEREAS, the Planning Commission considered the Subdivision Ordinance on May 19,
1999, at a duly noticed public headng as prescribed by law, at which time interested persons had
an opportunity to testify either in support or in opposition;
WHEREAS, at said public headng, upon hearing and considering all testimony and
arguments, if any, of all persons deserving to be heard, the Commission considered all facts
relating to the Subdivision Ordinance;
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. Findinqs.
A. The Planning Commission in recommending approval of the City of Temecula's
Subdivision Ordinance, makes the following findings, to wit:
1. Section 66411 of the Government Code provides for local agencies to
regulate and control design of subdivisions; and
2. There is a need to adopt a subdivision ordinance that relates specifically to
the City in order to protect the public health, safety, and welfare; and
3. The action proposed is consistent with the General Plan which call for a
complete and integrated mix of residential, commercial, industrial, recreational, public and open
space land use; and
4. The action proposed complies with all other applicable requirements of state
law and local ordinances.
B. The Planning Commission in recommending that the City Council approve the
certification of the Negative Declaration of environmental impact under the provisions of the
California Environmental Quality Act, specifically finds that the approval of this ordinance will have
a di minimis impact on fish and wildlife resources. The Planning Commission recommends that
the City Council specifically finds that in considering the record as a whole, the project involves no
\\TEMEC_FS201\DATA~DEPTS~PLANNING\BROWNS~subdiviSiOa oro'~staff reporLdoc 7
potential adverse effect, either individually or cumulatively, on wildlife as the same is defined in
Section 711.2 of the Fish and Game Code, This is based on the fact that the project is an
ordinance to the Temecula Municipal Code and does not involve any disturbance of the land. The
Planning Commission further finds that the City of Temecula is the project proponent and the site
is located Citywide, Temecula, California. Furthermore, the Planning Commission finds that an
initial study has been prepared by the City Staff and considered by the Planning Commission which
has been the basis to evaluate the potential for adverse impact on the environment and forms the
basis for the Planning Commission's determination, including the information contained in the public
hearing records, on which a Negative Declaration of environmental impact was issued and this di
minimis finding is made. In ad'dition, the Planning Commission finds that there is no evidence
before the City that the proposed project will have any potential for an adverse effect on wildlife
resources, or the habitat on which the wildlife depends. Finally. the Planning Commission finds that
the City has, on the basis of substantial evidence, rebutted the presumption of adverse effect
contained in 14 California Code of Regulations 753.5(d).
Section 3. Environmental Compliance. An Initial Study prepared for this project indicates
that the proposed project will not have a significant impact on the environment and a Negative
Declaration, therefore, is hereby granted:
Section 4. PASSED, APPROVED AND ADOPTED this 19th day of May,1999.
Ron Guerriero, Chairperson
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 19th day of May,
1999 by the following vote of the Commission:
AYES:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
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ATTACHMENT NO. 3
INITIAL STUDY
\\TEMEC_FS201\DATA~DEPTS~PLANNING~BROWNS~SUbdiViSiOn ord~staff report,doc
9
Project Title
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
City of Temecula
P.O, Box 9033, Temecula, CA 92589-9033
Environmental Checklist
Planning Application No. 97-0000 (Subdivision Ordinance,
Amendment to the Temecula Municipal Code creating Title 16.00)
City of Temecula ·
P.O. Box 9033, Temecula, CA 92589-9033 ' ·
Stephen Brown, AICP Project Planner
(909) 694-6400
Citywide
City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
All General Plan designations, citywide
All Zoning Districts, citywide
Creation of Title 16 of the Temecula Municipal Code. An ordinance
pertaining to the subdivision, and/or consolidation of land within the City
of Temecula. ·.
All land uses and settings citywide
None
\\TEMEC_FS201\DATA%DEPTS\PLANNING\BROWNS%subdivision oro~taff reporLdoc
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Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Land Use 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
Aesthetics
Cultural Resources
Recreation
Mandatory Findings of Significance
None
Determination
On the basis of this initial evaluation:
X
I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE
DECLARATION will be prepared
I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because the mitigation measures described on an attached sheet have
been added to the project. A NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required
I find that the proposed project MAY have a significant effect(s) on the environment, but at least one
effect 1 ) has been adequately analyzed in an eadier document pursuant to applicable legal standards,
and 2) has been addressed by mitigation measures based on the earlier analysis as described on
attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless
mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects
that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, there WILL
NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed
adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated
pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the
proposed project.
Signature Date
Printed Name for
~\TEMEC_FS20f, DATA~DEPTS'~c~LANNING\BROWNS~SUbdiviSiOn ord~staff report. doc
'1'1
1. LAND USE AND PLANNING. Would the proposal:
Issues and Supfx~mg, nbrmatlon Sources
1 .a. Conflict with general plan designation or zoning? (Source
1.b. Conflict with applicable environmental plans or policies
adopted by agencies with jurisdiction over the project? (...)
1 .c. Be incompatible with existing land use in the vicinity? (...)
1 .d. Affect agricultural resources or operations (e.g. impacts to
soils or farmlands, or impacts from incompatible land
USES)? (...)
1.e. Disrupt or divide the physicel arrangement of an
established community (includin9 low-income or minority
Community)? (,..)
Significant Unless
mcomomted
No
Impact
X
X
X
x
X
Comments
1.a.
The proposed subdivision ordinance will not conflict with General Plan designations or zoning within the
City. The implementation of this ordinance will further the policies contained within the Land Use and
Open Space and Conservation Elements. Specifically, the ordinance will provide well-defined
development standards and procedures to guide pdvate sector planning and development. The
proposed ordinance will not conflict with applicable environmental plans or polices adopted by agencies
with jurisdictional responsibilities within the City. Agencies with judsdiction within the City commented
on the scope of the analysis contained in the EIR and how the General Plan would impact their particular
agency. Mitigation measures approved with the EIR will be applied to this ordinance. Further, all
agencies with jurisdiction within the City am also being given the opportunity to comment on the project
and it is anticipated that they will make the appropriate comments as to how the project relates to their
specific environmental plans or polices. Because the project is an ordinance, there will be limited, if any
environmental effects on environmental plans or polices adopted by agencies with jurisdiction within the
City. No significant effects are anticipated as a result of this project (Source 1, page 2-9)
1.b.
The project will not conflict with applicable environmental plans or polices adopted by agencies with
jurisdiction over the project. There will be limited, if any environmental effects on environmental plans
or polices adopted by agencies with judsdiction over the project. No significant effects are anticipated
as a result of this project.
1.C.
The ordinance will not be incompatible with the existing land uses within the city nor disrupt or divide the
physical arrangement of an established community area. This ordinance will require all land division
projects to consider the compatibility of surrounding uses in terms of the size and configuration of the
facilities, use of materials and landscaping, preservation of existing vegetation and landform, the location
of access mutes, noise impacts, traffic impacts and other environmental conditions. No significant
effects are anticipated as a result of this ordinance. (Source 1, page 2-10)
\\TEMEC_FS201\DATA~D EPTS\PLANNING\BROWNS~Subdivision ord~staff report.doe
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2. POPULATION AND HOUSING. Would be proposal:
2.c.
Cumulatively exceed official regional or local population
Projections? ( )
Induce substantial growth in an area either directly or
indirectly (e.g. through project in an undeveloped area or
extension of major infrastructure)? ( )
Displace existing housing, especially affordable housing?
()
Potenuldly
s~acsm ur~ss
Le~Tnan
No
Impact
X
X
X
Comments
2.b.
2,c,
The proposed ordinance is consistent with, and implements the General Plan. The General Plan is
consistent with regional and local population estimates; therefore, the ordinanca will not exceed
population estimates and should not be considered a regionally significant project.
The project will not directly induce substantial growth in the area and should not be an inducement to
relocate to this area. This ordinance will facilitate growth in Temecula in an orderly fashion consistent
with the General Plan. All future growth has been assessed by the General Plan EIR, and proper
mitigation has been incorporated into that document. All future projects must be consistent with the
policies of the General Plan. The project will not cause people to relocate to or within Temecula; and,
it will not induce substantial growth in the area that has not already been anticipated. No significant
effects are anticipated as a result of this project.
The project will not displace housing, especially affordable housing. The subdivision ordinance will
require proposed development to consider the impacts on housing as part of the permitting process;
therefore no housing will be displaced. No significant effects are anticipated as a result of this project.
\\TEMEC_FS201\DATA~OEPTS\PLANNING%BROWNS~SUbdiviSiOn oralstaft report.doc
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5. AIR QUALITY. Would the proposal:
5,a.
5.b.
5.c.
5.d.
Issues and Supporting InbTnaaon $our~e~
Violate any air quality standard or contribute to an
existing or projected air quality violation? ( )
Expose sensitive receptors to pollutants? ( )
Alter air movement, moisture or temperature, or cause
any change in climate? ( )
Create objectionable odors? (')
Po{enljaliy
Potentially Significant Unless Less Than
Signfficant Mitigal~on Signfficant
Impact Incoq3otated Irapad
NO
X
X
X
X
Comments:
The project will not violate any air quality standard or contribute to an existing or projected air quality violation.
All projects will be assessed for impacts to air quality at the time a development permit is submitted to the city.
No significant impacts are anticipated as a result of this project.
\\TEMEC_FS201~DATA\DEPTS\PLANNING%BROWNSLsubdivision ord~staff reporf. doc
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6. TRANSPORTATION/CIRCULATION. Would the proposal result In:
I:~a~ljalfy
Poten~ally Signi6cant Unless Less Than
Significant Mitigation Signfficant No
Issues and Sup~ngqnbrrnation Sources Impact Ino0rperdted Impact Impact
6.a. Increase vehicle trips or traffic congestion? ( ) X
6.b. Hazards to safety from design features (e.g. sharp curves X
or dangerous intersections or incompatible uses)? ( )
Inadequate emergency access or access to nearby
uses? ( )
Insufficient parking capacity on-site or off-site? (
Hazards or barriers for pedestrians or bicyclists? ( )
Conflicts with adopted policies supporting alternative
transportation (e.g. bus turnouts, bicycle racks)? ( )
Rail, waterborne or air traffic impacts? ( )
6.c. X
6.d.' X
6.e. X
6.f. X
6.g. X
Comments:
The proposed ordinance will not result in an increase in vehicle trips. Proposals under this ordinance will be
consistent with the General Plan that has previously been analyzed for traffic impacts and mitigated. No impacts
are anticipated as a result of this project.
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GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts
involving?
Issues and Suppoffing InfoeTnation Sources
3.a. Fault rupture? ( )
3.b. Seismic ground shaking? ( )
3.c. Seismic ground failure, including liquefaction? (
, 3.d. Seiche, tsunami, or volcanic hazard? ( )
3.e.' Landslides or mudflows? ( )
3.f. Erosion, changes Ln topography or unstable soil
conditions form excavation, grading or fill? ( )
3.g. Subsidence of the land? ( )
3.h. Expansive soils? ( )
3.i. Unique geologic or physical features? ( )
Potentially Signeic~nt Unte~ Less Than
Signilk:ant Mffigalion Signfficant
Impact Inco~ Impact
No
Impacl
X
X
X
x
x
X
X
X
X
Comments
3.a.
Temecula is located in a seismically active area, near the Wildomar Fault Zone. Any potentially
significant impacts to proposed projects resulting from this ordinance will be mitigated after a thorough
review of the geotechnical issues. No significant effects are anticipated as a result of this project.
3.d.
The subdivision ordinance will not expose people to a seiche, tsunami or volcanic hazard. The city is
not located in an area where any of these hazards could occur. No significant effects are anticipated
as a result of this proposal.
3,e.
The project will not expose people to landslides or mudflows. The Final Environmental Impact
Report for the City of Temecula General Plan has not identified any known landslides or mudslides
located within the City. No significant impacts are anticipated as a result of this project.
\\TEMEC_FS201\DATA\DEPTS\PLANNING~BROWNS%subdivision om~staff report.doc
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4. WATER. Would the proposal result in:
4,a.
4.b.
4.c.
Issues and Suppoffin~lnb/nation Sources
Changes in absorption rates, drainage patterns, or the rate
and mount of surface runoff?
Exposure of people or property to water related hazards
such as flooding? ( )
Discharge into surface waters or other alteration of
surface water quality (e.g. temperature, dissolved oxygen
or turbidity)? ().
4.d. Changes in the amount of surface water in any water body? X
( )
4.e. Changes in currents, or the course or direction of water X
Movements? ( )
4.f. Change in the quantity of ground waters, either through X
direct additions or withdrawals, or through interception of
an aquifer by cuts or excavations or through substantial
loss of groundwater recharge capability? ( )
4.g, Altered direction or rate of flow of groundwater?. ( ) X
4.h. Impacts to groundwater quality? ( ) X
4. i, Substantial reduction in the amount of groundwater. X
Otherwise available for public water supplies? ( )
No
Impact
X
X
x
Comments:
The project will have no effect on water resources that has not already been anticipated by the General Plan and
service purveyors in their review of the General Plan. Under the proposed ordinance, development proposals will
be assessed for potential impacts to these resources. No significant impacts are anticipated as a result of this
project,
\\TEMEC_FS201~DATA\DEFTS~PLANNING~BROWNS~SUbdiviSiOn orals. staff report.doc
15
7. BIOLOGICAL RESOURCES: Would the proposal result in impacts to:
7.8,
Issues and Suplx~in~ln~ormatioo Soums
Endangered, threatened or rare species or their habitats
(including but not limited to plants, fish, insects, animals
and birds)..'? ( )
Locally designated species (e.g. heritage trees)? )
Locally designated natural communities (e.g. oak forest,
Coastal habitat, etc.)? ( )
'7.d Wetland habitat (e.g. marsh, riparian and vernal pool)? ( ) X
'7.e. Wildlife dispersal or migration corridors? ( ) X
p~lenlially Significant Unless Less Than
Significant Mitigation Significant No
X
X
x
Comments:
The project will not result in impacts to biological resources. The implementation of the proposed ordinance will
require all development projects to be assessed for biological impacts. No significant impacts are anticipated
as a result of this project.
\\TEMEC_FS201\DATA~DEPTS\PLANNING\BROWNS~subdiviSion ord%staff report.doe
18
8. ENERGY AND MINERAL RESOURCES. Would the proposal:
8,8.
8.c.
}ssues and Suppoffing lnfo~Tnatien Sources
Conflict with adopted energy conservation plans? (
Use non-renewal resources in a wasteful and ineffident
manner? ( )
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? ( )
Significant
~mpac~
Significant Unless
Less Than
Significant
~rnp~ct
No
X
X
X
Comments:
8.a,
The proposed ordinance will not impact and/or conflict with adopted energy conservation plans. Projects
submitted pursuant to the proposed ordinance will be reviewed for compliance with all applicable laws
pertaining to energy conservation during the submittal stage. No permits will be issued unless the
project is found to be consistent with these applicable laws. No significant impacts are anticipated as
a result of this project.
8,c.
The project will not result in the loss of availability of a known mineral resource that would be of
future value to the region and the residents of the State. No known mineral resource that would be
of future value to the region and the residents of the State are located within the city. No significant
impacts are anticipated as a result of this project.
\\TEMEC_FS201~DATA\DEPTS\PLANNING\BROWNS~sulxliviSiOn ord~staff report.doc
19
9. HAZARDS. Would the proposal involve:
9.a.
9.b.
9.c.'
9.d.
9.e.
Issues and Suppotlinl~ Informatio~ Sources
A risk of accidental explosion or release of hazardous
substances (including, but not limited to: oil, pesticides,
chemical or radiation)? ( )
Possible interference with an emergency response plan
or emergency evacuation plan? ( )
The creation of any health hazard or potential health
hazard? ( )
Exposure of people to existing sources of potential health
hazards? ( )
increase fire hazard in areas with ~ammable brush,
grass, or trees? ( )
Polenffiilly
S~gnffic~t
Signfficant Unless
Incomorated
L6ss Than
Significant
~mpact
No
X
X
X
X
X
Comments:
9.a.
The project will not result in a risk of explosion, or the release of any hazardous substances in the event
of an accident or upset conditions since none are proposed by the adoption of this ordinance. The same
is true for the use, storage, transport or disposal of any hazardous or toxic materials. Large quantities
of these types of substances will not be associated with uses that are regulated by this ordinance. No
significant impacts are anticipated as a result of this project.
9.c.
The adoption of this ordinance will not result in the creation of any health hazard or potential health
hazard. Individual projects will be reviewed for compliance with all applicable health laws during the
processing. No projects will be approved unless it is found to be consistent with applicable laws. No
significant impacts are anticipated as a result of this project.
9.d.
The implementation of this ordinance will not expose people to existing sources of potential health
hazards. Projects that Will be reviewed under this ordinance will be assessed for potential exposure
to hazards. No significant impacts are anticipated as a result of this project.
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~subdivision ord~staff report.doc
20
10, NOISE, Would the proposal result in:
Issues and SuppoffinglnfolTnation Souffles
10.a. Increase in existing noise levels? ( )
10.b. Exposure of people to severe noise levels? (
polarlaity
Polenllally Sightcant Unless Less Than
Signillcam Mffigalion 8ignfficant
Impact Incolporated Impact
No
X
X
Comments;
The proposed ordinance will not lead to an increase to existing noise levels that has not already been examined
by the General Plan EIR. All projects under this ordinance will assess the potential for exposure to severe noise
levels. Noise impacts are not anticipated as a result of this project,
11,
PUBLIC SERVICES: Would the proposal have an effect upon, or result in a need for new or
altered government services in any of the following areas:
issues and Suplxxling Information Sources
11 .a. Fire protection? ( )
11.b. Police protection? ( )
11 .c. Schools? ( )
11 .d. Maintenance of public facilities, including roads? (
11 .e. Other governmental services? ( )
PmenUally
Potenlially Significant Unless Less Than
Signfficant Mitigation Significant
Impact Incoqxra~d Impact
No
impact
X
X
X
X
X
Comments:
11.a.
The project will have no impact upon, or result in a need for new or altered fire or police protection that
has not already been anticipated by the General Plan EIR. The projects developed under this ordinance
will contribute their fair share to the maintenance of service provision from these entities. No impacts
are anticipated as a result of this project.
11.c.
The proposed ordinance will have no impact upon new or altered school facilities, maintenance of public
facilities, including roads or other governmental services that has not already been anticipated by the
General Plan EIR. Projects developed pursuant to this ordinance will be reviewed for consistency with
the General Plan. No impacts are anticipated as a result of this project.
\\TEMEC_FS201\DATA%DEPTS\PLANNING\BROWNS%subdiviSiOn ord~taff report.doc
21
12.
UTILITIES AND SERVICES SYSTEMS: Would the proposal result in a need for new systems or
supplies, or substantial alterations to the following utilities:
issues and SupCoding Informatio~ Sources
12.a. Power or natural gas? ( )
12.b. Communications systems? ( )
12.c. Local or regional water treatment or distribution facilities?
( )
12.d. Sewer or septic tanks? ( )
12.e. Storm water drainage? ( )
12.f. Solid waste disposal? ( )
12.g. Local or regional water supplies? ( )
Po~ellfially
Potentially Significant Unless Less Than
Significant Mitigation Significant
No
impact
X
X
X
X
X
X
X
Comments:
12. a. This ordinance will not result in a need for new systems or supplies, or substantial alterations to
power or natural gas. Projects developed under this ordinance will assessed for consistency with the
General Plan. No significant impacts are anticipated as a result of this project.
12. b. The project will not result in a need for new systems or supplies, or substantial alterations to
communication systems. No impacts are anticipated as a result of thi~ project.
13. AESTHETICS. Would the proposal:
13.a,
13.b.
13.c.
Issuss and Supporting Information Sources
Affect a scenic vista or scenic highway? ( )
Have a demonstrable negative aesthetic affect? (
Create light or glare? ( )
Potentially
Potentially Significant Unless Less Than
Signicant Mitigation SigniRcant
NO
Impact
X
X
X
Comments:
13.a. The project will not have a potentially significant impact from light and glare. No significant impacts
are anticipated as a result of this project.
13. b. The project will not have a demonstreble negative aesthetic effect. Projects that are developed under
this ordinance will be required to conform to the requirements of the City's Development Code. Design
Guidelines and design standards incorporated within the new Ordinance thereby incorporating aesthetic
attributes to proposed projects. No significant impacts are anticipated as a result of this project.
13.c. The project will not have a potentially significant impact from light and glare. No significant impacts
are anticipated as a result of this project.
\\TEMEC_FS20fiDATA\DEPTS~PLANNING~BROWNS%subdivision ord~staff report.doc
22
14. CULTURAL RESOURCES. Would the proposal:
Issues and Supaotlirlrlnbmalion Sources
14.a. Disturb paleontological resources? ( )
14.b. Disturb archaeological resources? ( )
14.c. Affect historical resources? ( )
14.d. Have the potential to cause a physical change, which
would affect unique ethnic cultural values? ( )
14.e. Restrict existing religious or sacred uses within the
potential impact area? ( )
No
Impact
X
X
X
X
X
Corfl!T~ents:
14.a.
The proposed ordinance will not have an impact any known paleontologic, archaeologic, or historic
resources. Project specific impacts to these resources will be examined during case submittal. No
significant impacts are anticipated as a result of this project.
14.c.
The project will not have the potential to cause a physical change that would affect unique ethnic cultural
values. Impacts to these resources will be addressed at project submittal. No significant impacts are
anticipated as a result of this project.
14.e.
The project will not restrict existing religious or sacred uses as the proposal is for an ordinance to
regulate subdivisions within the city. No significant impacts are anticipated as a result of this project.
15. RECREATION. Would the proposal:
15.a.
15.b.
Issues and Supporting InbfTnation Sources
Increase the demand for neighborhood or regional parks
or other recreational facilities? ( )
Affect existing recreational opportunities? (
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Signiticant
impact Incoq)orated , ,lmpac~
No
Impact
X
X
Comments:
This ordinance will not result in an increased demand for neighborhood or regional parks or other recreational
facilities. Projects that are developed under this ordinance will be conditioned to adhere to the requirements
regarding the payment of fees or in-kind contribution for the creation of new recreational facilities. The
adoption of this ordinance will not cause significant numbers of people to locate within the City of Temecula.
\\TEMEC_FS201\DATA~DEPTS~PLANNING\BROWNS%SUbdivisiOn ord~staffreport, doc
23
16. MANDATORY FINDINGS OF SIGNIFICANCE.
issues and Supportinl~lr~amatio~ Sources
16.a. Does the project have the potential to degrade the quality
of the environment, substantially reduce the habitat of a fish
or wildlife species, cause a fish or wildlife population to drop
below self-sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of California
history or prehistory?
16.b. Does the project have the potential to achieve short-term,
to the disadvantage of long-term, environmental goals?
16.c. Does 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 cannection with
the effects of past projects, the effects of other current
projects, and the effects of probable future projects).
16.d. Does the project have environmental effects which will
cause substantial adverse effects on human beings,
either directly or indirectly?
Potentially
Significant
Signfficant Unless
Mitigafion
bcomorated
Less Than
Significant
Impac~
NO
X
X
X
X
Comments:
16.a.
16.b.
16.c.
16.d.
17.
EARLIER ANALYSES. Earlier analyses may be used Earlier analyses may be used where, pursuant
to the tiering, program EIR, or other CEQA process, one or more effects have been adequately
analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion
should identity the following on attached sheets.
a. Earlier analyses used. Identity earlier analyses and state where they are available for review.
b. Impacts adequately addressed. Identity which affects from the above check list were within the
scope of and adequately analyzed in an eadier document pursuant to applicable legal standards,
and state whether such effects were addressed by mitigation measures based on the earlier
analysis.
c. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated,"
describe the mitigation measures which were incorporated or refined from the earlier document
and the extent to which they address site-specific conditions for the project.
SOURCES
City of Temecula General Plan.
City of Temecuia General Plan Final Environmental Impact Report.
City of Temecula Development Code
\\TEMEC_FS201\DATA~DEPTS~PLANNING~BROWNS~subdivision o~:l~staff report. doc
24
In compliance with the Americans with Disabilities Act, If you need spedal assistance to participato in ~is meeting, plea. contad the
offace of the Communtiy Development Department at (g09) 894-6400. NoU~catlon 48 houPa pIfor to · meeting wig enable the City to make
reasonable arrangements to ensure accesslbllb/to that meeting [28 CFR 35.t02.35.104 ADA Title II]
ACTION AGENDA
TEMECULA PLANNING COMMISSION
May 19, t999, 6:00 PM
43200 Business Park Drive
Council Chambers
Temecula, CA 92390
Reso Next In Order #98-012
CALL TO ORDER:
FLAG SALUTE:
ROLL CALL:
Chairperson Guerriem
Fahey, Guerriem, Naggar, Soltysiak and Webster
PUBLIC COMMENTS
A total of 15 minutes is provided so membem of the public can address the commissionere on items that are not listed on
the Agenda. Speakera am limited to throe (3) minutes each. If you desire to speak to the Commissioners about an item
not listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Commission Secretary.
When you are called to speak, please some forward and state your name and address.
For all other agenda items a "Request to Speak" form must be rded with the Planning Secretary before Commissbn gets
to that item. There is a three (3) minute time limit for individual speakers.
COMMISSION BUSINESS
1. Approval of Agenda
ACTION:
APPROVED 4-1, SOLTYSIAK ABSENT
Approval of Minutes from April 7, 1999
ACTION: APPROVED 3-1-1, SOLTYSIAK ABSENT, NAGGAR ABSTAINED
3. PA98-0370
ACTION:
Promenade in Temecula Regional Mall Pylon Sign
APPROVED 4-1, SOLTYAISK ABSENT
4. PA98-0369
ACTION:
Mall Corner Monument Sign atWinchestor/Ynez Roads
APPROVED 5.0
Director's Headng Case Update
ACTION: RECEIVE AND FILE
R:\WtMIIERVG\pl,~jNCOMM~AGENDAS~1999\5-19-99.doc
PUBLIC HEARING ITEMS
Case No: Planning Application No. PA99-0104 (Specific Plan
Amendment)
Applicant: Edwards Theater Circuit, Inc.
Location: Eastemmost entrance from Winchester Road to the Temecula
Promenade Mall
Proposal: To amend Specific Plan No. 263 (Temecula Regional Center) allowing
the theater to erect a freestanding marquee sign 26 feet in height
Environmental Action: Exempt
Planner: Carole K. Donahoe, AICP, Associate Planner
Recommendation: Approval
ACTION: DENY 5-0
Case No$: Planning Application No. PA97-0444 (Tentative Parcel Map No.
28000) and
Planning Application No. PA97-0446 (Change of Zone)
Applicant: Ching G. Lee
Location: Southeast corner of Estero Street and Ormsby Road
Proposal: To subdivide 1.07 net acres into two residential lots, and to change
the zoning of the property from Low Density Residential L1 (1 acre to
2.5 acres lot size) to Low Density Residential L2 (1/2 acre to I acre
lot size)
Environmental Action: Mitigated Negative Declaration
Planner: Carole K. Donahoe, AICP, Associate Planner
Recommendation: Approval
ACTION: APPROVED 4-0, SOLTYSIAK ABSTAINED
Case No: Planning Application No. 99-160
Applicant: City of Temecula
Location: Old Town Specific Plan Area
Proposal: Amend Specific Plan to modify parking standards
Environmental Action: Exempt from CEQA
Planner: David Hogan, Senior Planner
Recommendation: Recommend the City Council approve Specific Plan Amendment 99-
160
ACTION: RECOMMEND APPROVAL 5-0
Case No: N/A
Applicant: City of Temecula
Location: Citywide
Proposal: An ordinance to regulate the subdivision of land within the City of
Temecula
Environmental Action: Negative Declaration
Planner: Stephen Brown
Recommendation: Approve a Resolution recommending that the City Council adopt the
Negative Declaration and approve the ordinance
ACTION: CONTINUED TO JUNE 16, 1999
PLANNING MANAGERS REPORT
COMMISSIONER REPORTS
R:\WIMBERVGXPLANCOMMXAGENDAS\I999X5-19-99.doc
2
ADJOURNMENT
Next regular meeting:
June 2, '1999, 6:00 PM, City Council Chambers, 43200 Business Park Drive,
Temecula, California
R:\WIMBERVG\PLANCOMMXAGENDAS\1999XS-19-99.doe
3