HomeMy WebLinkAbout061699 PC AgendaIn co mpiiance with the Americans with Disabilities Act, if you need special assi~'t~nce to participate in this meeUng, please conrad the
office of the Co ramunity Development Department at (909) 694-8400, Notification 4l hours pdor to a meeting will enable the City to make
reasonable arrangements to ensure accessibility to that meeting [28 CFR 35,t02.35,104 ADA Title II]
TEMECULA PLANNING COMMISSION
June 16, 1999, 6:00 PM
43200 Business Park Drive
Council Chambers
Temecula, CA 92590
Resolution Next In Order #99-017
CALL TO ORDER:
FLAG SALUTE:
ROLL CALL:
Chairperson Guerriero
Fahey, Guerriero, Naggar, 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 vour name and address.
For all other agenda items a "Request to Speak" form must be filed with the Planning Secretary before
Commission gets to that item. There is a three (3) minute time limit for individual speakers.
COMMISSION BUSINESS
1. Approval of Agenda
2. Approval of Minutes from May 19, 1999
3, Power Center Corner Monument
4. Revision to Chemicon (PA99-0044)
5. Public Convenience or Necessity Criteria
PUBLIC HEARING ITEMS
Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Project Planner:
Recommendation:
Planning Application No. PA99-0145 (Development Ran)
Sorrento Development
42324 Colt Court (northwest corner of Colt Court and Winchester Road)
Construct a 16,000 ~-- square foot industrial building on a 1.14 acre parcel
zoned for "Light Industrial" development
Exempt per California Environmental Quality Act Guidelines Section 15332
Steve Griffin
Approval
R:\WIMBERVG\PLANCOMM\AGENDAS\|999%6-16-99.doc
Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Case Planner:
Recommendation:
Planning Application No. PA99-0082 (Development Plan)
Mesquita & Assoc., Fernando Mesquita
6595Riverdale St., San Diego, CA 92120
27310 Madison Avenue located at the southern terminus of Madison
Avenue.
To construct a 30,690 square foot industrial building with associated
parking and landscaping on a 3.14 acre parcel.
Exempt per California Environmental Quality Act Guidelines Section 15332
Patty Anders, Assistant Planner
Approval
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.
This item was continued from the May 16, 1999 Planning Commission meeting.
PLANNING MANAGERS REPORT
COMMISSIONER REPORTS
ADJOURNMENT
Next meetings:
June 30. 1999 @ 6pm, Roripaugh Ranch Specific Ran Workshop
July 7, 1999 @ 6:00pm, Regular Planning Commission meeting
City Council Chambers. 43200 Business Park Drive, Temecula. California.
92590
R:\WIMBERVG\PLANCOMM\AGENDAS\I999\6-16-99.doc
2
ITEM #2
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
MAY 19, 1999
CALL TO ORDER
The City of Temecula Planning Commission convened in a regular meeting at 6:01 P.M.,
on Wednesday March 19, 1999, in the City Council Chambers of Temecula City Hall,
43200 Business Park Ddve, Temecula, California.
ALLEGIANCE
The audience was led in the Flag salute by Commissioner Fahey.
ROLLCALL
Present:
Commissioners Fahey, Naggar, Soltysiak, * Webster, and
Chairman Guerriero.
Absent None,
Also Present:
Planning Manager Ubnoske,
Deputy Director of Public Works Parks,
Housing and Redevelopment Manager Meyer,
Attorney Curley,
Senior Planner Brown,
Senior Planner Fagan,
Assistant Planner Anders, and
Minute Clerk Hansen.
*(Commissioner Soltysiak arrived at 6:13 P.M.)
PUBLIC COMMENTS
No comments.
COMMISSION BUSINESS
1. Approval of A~3enda
MOTION: Commissioner Naggar moved to approve the agenda. The motion was
seconded by Commissioner Webster and voice vote reflected approval with the
exception of Commissioner Soltysiak who was absent.
2. Al~l~roval of Minutes-April 7, 1999
MOTION: Commissioner Fahey moved to approve the minutes, as written. The motion
was seconded by Commissioner Webster and voice vote reflected approval with the
exception of Commissioner Soltysiak who was absent and Commissioner Naggar who
abstained.
3. PA98-0307 Promendade in Temecula Regional Mall Pylon Sign
By way of overheads, Senior Planner Fagan presented the staff report (per agenda
material); relayed the revisions of the modified proposed entry sign, as follows: 1) the
height decrease from twenty-seven feet (27') to twenty-six feet (26'), 2) the stone base,
3) the stone side columns, and 4) the decrease of display panels from eight (8) panels to
seven (7); and for Commissione~ Webster. in order to provide clarification as to color,
presented the sample stone veneer material.
Mr. Steve Schafenecker, representing the applicant, noted the modified proposal of
replacing the original plan to install two signs to the current proposal to install a singular
sign; further specified the design of the sign, relaying the consistency with the design of
the mall buildings; and for Commission Webster, clarified that the flower design and the
lettering in The Promenade portions of the sign would be illuminated.
MOTION: Commissioner Naggar moved to approve the twenty-six foot (26') high free-
standing sign for the Promenade Mall in Ternecula, in accordance with Exhibits A - Site
Plan, B - Median Location Plan, C - Sign Elevation and D - Color and Material Board.
Commissioner Webster seconded the motion and voice vote reflected approval with the
exception of Commissioner Soltysiak who was absent.
4. PA98-0369 Mall Comer Monument Sign at Winchesterrfnez Roads
It was noted that Commissioner Sottysiak ardved at 6:13 P.M.
By way of color renderings, Senior Planner Fagan presented the staff report (of record),
highlighting the water features, the stonework, the illumination. and landscaping; for
Commission Soltysiak, specified the width of the proposed project as forty-nine feet (49')
inclusive of the base; and presented the site plan to clarify the overall scale of the
proposed monument, providing the dimensions of the six foot (6') sidewalk, the nine foot
(9') parking stall in order to establish porspoctive with regard to size.
Mr. Steve Schafenacker, representing the applicant, further specified the depth and
width of the sign monument, as follows: 1) that The Promenade portion of the sign would
be arched, 2) the location of the logo, and 3) that the fountains will be twelve foot (12') in
diameter, for Commissioner Soltysiak, clarified the proximity of the parking area and the
forty foot (40') landscape buffer between the monument sign and the adjacent parking
area; for Commissioner Webster, relayed the location of the concealed water equipment
and utilities; for Chairman Guer~ero, advised that while the exact fountain design had
not been formulated, that the fountain spray would be cylindrically-shaped, similar in
appearance to the spray .of a fire hose; provided assurance that the fountain would be
designed to the scale of the mall project; noted that the applicant would be agreeable to
lighting the water jet streams; and requested flexibility regarding the lettering in The
Promenade to allow a push-through acrylic material verses the prismatic lettering
proposed if at a future point in time it is determined that modifying the material would be
a better alternative.
While not disapproving of the proposed design, Commissioner Naggar suggested
developing a design with a lake appearance, connecting the two water reservoirs.
It was the consensus of the Planning Commission bat the project was well designed,
and that the project should move forward, as proposed.
5. Director's Hearing Case UPdate
Planning Manager Ubnoske relayed that she was available to answer any questions
regarding the agenda matedal with respect to the Directors Headng Case Update.
PUBLIC HEARING ITEMS
6. Plannina ADOlication No. PA99-0104 (Sgeci~c Plan Amendment)
Request to amend the Specific Plan No. 263 (Temecula Regional Center)
allowing the theater to erect a freestanding marque sign 26 feet (26') in
height.
RECOMMENDATION
It is recommended by the Planning Department that the Planning
Commission approve the request,
By way of overhead and maps, Senior Planner Fagan presented the staff report (per
agenda material); relayed that the request to amend the Specific Plan was for the
purpose of permitting the proposed twenty six foot (26') freestanding sign, noting that
currently there are alternate theater marquee signs on adjacent roads (although lower in
height); specified the location of the proposed signage; for Commissioner Naggar,
advised that if it was the desire of the Commission additional language could be added
to the amendment to reflect allowance of solely one marquee; for Commissioner Fahey,
dadfled the location of the comer monument, the Promenade signs, and the proposed
theater sign; noted that the permitted height for signage at the Power Center was twelve
feet (12'); for Commissioner Webster, provided the location of altemate Edwards
Cinema signage; for Commissioner Soltysiak, relayed that the island median where the
proposed signage would be located would be landscaped; and in response to
Commissioner Soltysiak's querying, noted that this particular sign would exceed the
permitted signage per the City's Sign Ordinance.
Ms. Paffi Skoglund, representing the applicant, relayed that the design of this particular
signage would be consistent with the matedal used on the mall buildings (i.e., the stone,
the base); for Commissioner Webster, noted that there were approximately three
alternate marquee signs for the Edwards Cinema; and relayed that the rationale for the
proposed signage was due to the fact the Edwards theater would be located at the rear
of the mall.
Ms. Patricia Hall, 27483 Lark Court, expressed opposition to the project due to the
negative visual effect, and the diversion it could provide to traffic attention, with the
potential of creating a hazard.
The Commission expressed the following concems and comments:
Commissioner Naggar relayed his concerns, as follows:
that the height of this particular sign would be inappropriate, perspective of
alternate mall features, specifically the comer monument
that the Edwards Cinema has sufficient altemate signage
opposed amending the Specific Plan due to the Iong-ten'n effects on future
signage in the area
~- recommended that the Specific Plan regulation of twelve foot (12"') be
maintained
Commissioner Fahey relayed her comments, as follows:
That she was opposed to amending the Specific Plan
Expressed concem regarding the proliferetion of signage
Advised that this partjcular signage was unsuitable
Commissioner Webster relayed concurrence with the aforementioned
Commission comments.
Commissioner Soltysiak expressed his comments, as follows:
Relayed concern with regard to signage throughout the mall site, querying
the impact each sign would have in perspective to the scale of the mall
project in its entirety
Advised that this particular signage could minimize the effect of the approved
Mall Comer Monument Sign
Chairman Guerfiero expressed opposition to amending the Specific Plan.
MOTION: Commissioner Naggar moved to close the public headng; deny the request to
amend the Specific Plan; and to deny the twenty-six foot (26') freestanding
entertainment marquee for the Edwards Cinema at the Promenade Mall. Commissioner
Webster seconded the motion.
Initially, Commissioner Soltysiak queded whether there would be benefit to bringing the
project beck to the Commission, in order for the applicant to address the Commission's
coRCBITIS.
4
For Commissioner Soltysiak, Planning Manager clarified the Specific Plan with regard to
its nonspecificity to overall signage, relaying that the Specific Plan provided general
provisions (i.e., specifying the number of signs per development).
At this time voice vote was taken reflecting unanimous denial of the project, as
proposed.
Planning Application No. PA97-044 (Tentative Parcel map No. 28000) and
Planning Application No. PA97-0446 (Change of Zone)
Request 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 let size) to Low Density Residential L2 (112 acre to 1 acre lot size),
RECOMMENDATION
it is recommended by the Planning Department that the Planning
Commission approve the request.
Commissioner Soltysiak advised that he would be abstaining with regard to this Agenda
Item, and therefore left the dais.
By way of maps, Assistant Planner Anders presented the staff report (of record);
highlighted the current zoning in the adjacent area; relayed that staff had received three
letters in opposition to the project, one prior to the heedrig which were distributed to the
Commission; noted that the concems expressed were, as follows; alteration of the rural
character of the community, the threat of grading reducing the equestrian trails, the
potential of decreased property values, noise, increased traffic, and dust pollution;
relayed that staff has advised that this particular project would be an appropriate use for
the area of discussion; for Commissioner Fahey, clarified that the previous addressed
issues of concems (i.e., roads, septic, water, and emergency access) have been
addressed; and for Commissioner Naggar, relayed that the proposed project is for the
· development of two residential lots on 1.07 acres.
Mr. Larry Markham, representing the applicant, for Commissioner Fahey, specified in
detail the improvements in the area of discussion; in response to Commissioner
Naggar's comments, regarding the letter submitted by Mr. and Mrs. Gosser (per
supplemental agenda material) relayed that the CC&R's for this particular site expired
three years ago; noted that the negative eroding effect in the area are most likely due to
the natural sandy soil, relaying that due to the dense landscaping, this particular project
would not have significantly impact the erosion; and provided additional clarification with
regard to the provision of utilities.
The following individuals spoke in opposition to the project:
o Mr. Wilson Nolan
z:/ Ms. Brook Nolan
30250 Santiago Road
30250 Santiago Road
The aforementioned individuals voiced their concerns, as follows:
That the quality of life would be affected detrimentally
Recommended that the spaciousness of the area be preserved
Voice concern regarding the potential for a continued progression of future
zoning changes
That the habitat of wildlife would be disturbed
The following individual spoke in favor of the project:
g Mr. Dennis Marchand
representing Pacific Capital Investments
(located on the adjoining parcel)
The aforementioned individual expressed his comments, as follows:
Located their business adjacent the property in discussion due to the fact that
this particular project was proposed
Commended the existing improvements (i.e., concrete curbing and gutters)
Relayed that this project was an asset to the area
In response to community comments, Mr. Markham specified the adjacent site plans,
noting that there would most likely not be any further subdivisions along Santiago Road;
noted the improvements this project would provide to the area; and relayed for the
record that the applicant had received two letters in favor of the project that would be
submitted to the clerk.
Chairman Guerdero closed the public hearing at this time.
Commissioner Fahey advised that the applicant has adequately addressed the previous
expressed concems for this particular site.
For community informational purposes, Commissioner Webster advised that there were
ten specific requirements in order for development to take place in this particular area,
noting that although half-acre lots are permitted in this area, that it would not mandate
the continuation of subdividing lots.
Commissioner Naggar expressed concurrence with previous Commission comments,
relaying that he would support the project.
MOTION: Commissioner Fahey moved to Resolution No. 99-012 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. 99-013 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 PA97-0~,~?.; and adopt the
Mitigation Monitoring Program for Planning Application No. PA97-0446 and PA97-C~.~?..
RESOLUTION NO. PC 99-012
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA RECOMMENDING APPROVAL OF PLANNING APPLICATION
NO. PA97-O446 (ZONING AMENDMENT), TO CHANGE THE ZONE 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
RESOLUTION NO. PC 99-013
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA97-8~.~?.
(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
The motion was seconded by Commissioner Webster and voice vote reflected approval
with the excol~tion Commissioner Soltysiak who abstained.
8. Plannin{3 ADOlication No. 99-0160
Request to amend the Specific Plan to modify parking standards,
RECOMMENDATION
It is recommended by the Planning Department that the Planning
Commission recommend that the City Council approve Specific Pan
Amendment 99-160
By way of overheeds, Senior Planner Hogan presented the staff report (of record);
relayed that the proposal would eliminate the need for public parking in the Toudst Retail
Core and The Community Commemial/Toudst Support Districts in Old Town, noting that
the City's Redevelopment Agency would continue to provide centralized parking in Old
Town; advised that staff would continually monitor the parking in Old Town; for
Commissioner Naggar, advised that the rationale of the amendment would be to induce
economic growth; noted that staff was of the opinion that the lack of on-site parking
would not negatively affect business, relaying that the amendment would not prohibit on-
site parking if a merchant desired to maintain on-site parking; in response to
Commissioner Solt~siak's comments, relayed that although staff is in the process of
developing additional off-street parking that there is no current Master Plan addressing
the spacificlty of exact location of future parking lots; and noted that the City would be
tracking growth in order to adequately address the parking needs.
Housing and Redevelopment Manager Meyer provided clarification with regard to the
Specific Plan; with respect to public parking relayed that the City plans to utilize the
Black property and the Stampede proparty for future parking sites; advised that the
7
rationale for the proposal would be to revitalize economic growth; and in response to
Commissioner Soltysiak's comments, relayed that if at a future point in time additional
parking would be required it would be the fruition of staff's goal and that the City would
mitigate the parking issue (i.e., building parking structures, or acquiring more land), as
needed.
In response to Commissioner Soltysiak's comments, Deputy Director of Public Works
Parks specified that the amendment would affect a small core area; advised that the City
does own property in this area; noted that when special events take place in Old Town
the pedestrians are shuffled in and out; advised that the City addresses the issue of
parking with each event, and will address the parking needs in Old Town as they adse;
and noted that staff is in the process of planning for additional parking, with the desire to
need provisional measures to provide for this impact, reiterating that the goal is to
stimulate growth.
Commissioner Fahey recommended that there be provision for on-street parking
designation for handicapped parking.
In response to Commissioner Webster's comments, Senior Planner Hogan dadfled that
there would be no required on-site loading areas due to the small-scale uses; and
relayed that due to the language of the amended Ordinance that if at a future point in
time a larger use would locate in the core area, on-site parking would not be required.
The following individuals spoke in favor of the amendment:
z:/ Mr. Hank Testasecca
z:/ Mr. Ed Doul
z:/ Mr. Ron Walton
Old Town Merchant
Old Town Merchant
Old Town Merchant
The above-mentioned individuals relayed their comments, as follows:
That it would provide incentive for new businesses to establish in Old Town
That it would stimulate expansion of existing businesses
That vadous merchants would maintain on-site parking
Relayed that the City's existing perking lot was being utilized daily
Concurred with Commissioner Soltysiak's comments, recommending the
development of a model to plan for future parking sites
Concurred With Commissioner Fahey's comments regarding parking
provisions for Americans with Disabilities Act (ADA)
Commissioner Naggar relayed his support of the project; with regard to the lack of
loading areas, suggested designated limited hours for loading; and concurred with
Commissioner Fahey's comments regarding ADA parking provisions.
Commissioner Fahey advised that at the time the Specific Plan was developed the
objective for Old Town was to maintain heavy development with buildings close in
8
proximity and pedestrian-oriented streets; and relayed that she supported the project,
noting its consistency with the original intent for Old Town.
Commissioner Soltysiak relayed that while supporting the proposal, he would
recommend the development of a master plan to incorporate planning for future parking
sites.
Commissioner Webster expressed support of the proposal, modified, as follows: 1)
provision for ADA parking, and 2) to provide flexibility in order to require large permitted
uses to maintain on-site parking.
Chairman Guerriero commended staff for their diligent efforts assodated with Old Town;
concurred with providing provisions for ADA parking and time limits for loading; and
recommended that the parking issues be mitigated via staff recommendation.
MOTION: Commissioner Fahey moved to adopt Resolution No. 99-014 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),"
The motion was seconded by Commissioner Soltysiak. (This motion was amended,
see below.)
Additional Commission discussion ensued.
In response to Commissioner Soltysiak's querying, Attorney Cudey advised that sinco
the action of the Commission would be solely a recommendation to the City Council, that
if it was the desire of the Commission direction could be given to staff to add additional
language to the Planning Commission Resolution addressing the concerns of the
Commission.
MOTION: Commissioner Fahey moved to amend the motion to include the below
mentioned modifications to the Planning Commission Resolution.
RESOLUTION NO. PC 99-014
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)
Modify
Additional language be added to the Planning Commission Resolution
directing staff to incorporate the following:
· Designation of loading time limits
· Development of a long-term master plan for the purpose of planning for
parking provisions at full development .
· Adequate public restroom facilities provisions
· Designation of on-street handicapped perking and associated ADA provisions
Commissioner Soltysiak seconded the motion and voice vote reflected unanimous
approval.
At 8:13 P.M. a short recess was taken, and the meeting reconvened at 8:20 P.M.
9. Subdivision Ordinance, Title t6 of the Develol~ment Code
Request to establish an Ordinance to regulate the subdivision of land
within the City of Temecula.
RECOMMENDATION
The Planning Deportment recommends that the Planning Commission
approve a Resolution recommending that the City Council adopt the
Negative Declaration and approve the Ordinance.
Senior Project Planner Brown presented the staff report (via agenda matedal); provided
a bdef description of Subdivision State Law;, clarified the rationale for the proposed
Ordinance; relayed the process whereby the Ordinance was developed; and presented a
cempedson matrix between the Riverside County Subdivision Ordinance 460 and the
proposed Temecuia Subdivision Ordinance (per supplemental material), providing
ciad~cetion as to the presented modfficetions.
Attomey Cudey indicated that page 41 of the text document of the Ordinance, under
Park Land Dedication Formula, under Type of Dwelling should be corrected to reflect
single family detached garage in lieu of single family residential, and on the following line
to reflect single family attached garage in lieu of single family attached and then at the
bottom of the page where Section 66477 (a) (a) is indicated, to delete one of the (a)'s.
For Commissioner Seltysiak, Senior Planner Brown provided additional cladfication as to
the Ordinance's five (5) one-year time extensions, relaying that approximately $125,000
of off-site improvements are included in the Ordinance with a maximum of ten years for
extension; provided additional information regarding the proposed modification with
respect to Map Schedule (referencing the supplemental matrix); and dadfled the Dry
Sewers section of the proposed Ordinance.
For Commissioner Webster, Mr. Brown reviewed the rationale for the language of the
Ordinance with respect to the development standards regarding Traditional
Neighborhood Development, relaying that addition modifications are in process and will
be brought back to the Commission in two to three months.
Commissioner Naggar relayed a desire to continue this matter in order to fully explore
the ramifications of the new Ordinance and to further consult with staff; and noted that
any additional information regarding the compedson between the existing Ordinance and
the proposed Ordinance supplied to the Commission would be appreciated.
10
Mr. Larry Markham, 41750 Winchester Road, expressed the following comments:
On page 6, of the Subdivision Ordinance under Tentative Map Extensions
recommended that the review authority remains staff appreved rather than
the proposed Director Headrig Approval.
On page 7, under Section B (2) which indicates a cul-de-sac street shall not
exceed six hundred feet in length recommended maintaining the thirteen
hundred or thirteen twenty feet in length within the City, noting that this
portion of the Ordinance coupled with the two access requirements for over
thirty-five (35) lots creates disparity.
Queried page 9, Section B(3) indicating Lot sizes and anangernent shall be
compatible with lots in the surrounding area, recommending that Lot size be
stdcken to reflect The lot arrangement shall be compatible with lots in the
surrounding area.
Recommended bringing the Ordinance back to the Commission a year after
its implementation for review
in response to Commissioner Naggar's comments, Attorney Cu~ey provided the rational
for moving forward with the Ordinance in a timely manner.
Commissioner Fahey recommended that staff address Mr. Markham's queries in the
staff report when the matter is brought back to the Commission.
Attorney Cudey advised that the language of the Ordinance could potentially be modified
by the City attomey's office regarding map extensions to reflect required approval at
Commission level due to litigating matters.
MOTION: Commissioner Naggar moved to continue the matter to the June 16, 1999
Planning Commission meeting in order for staff to provide additional information to the
Commission. Commissioner Webster seconded the motion and voice vote reflected
unanimous approval.
PLANNING MANAGER'S REPORT
Senior Planner Fagan relayed that the issues of concern expressed by the
Commission ragan:ling the Power Center would be addressed at a June Planning
Commission meeting.
COMMISSIONER REPORTS
In response to Commissioner Fahey's comments, Deputy Director of Public
Works Parks relayed that the road improvements in the mall area will be
complete by mid-August; and reported that the Ovedand Bddge project will be
complete by mid-October.
B,
For Commissioner Fahey, Mr. Parks relayed that the City is in the process of
addressing the issue of construction traffic on Margarita Road, specifically the
flagmen that direct traffics control.
11
For informational purposes, Commissioner Webster distributed to the
Commission supplemental information regarding the latest technologies with
respect to home development
Commissioner Webster expressed appreciation to Commissioner Soltysiak for
the effort, time, and input that he has contributed while serving on the Planning
Commission,
Commissioner Naggar commended Commissioner Soltysiak, relaying that he has
leamed much from being able to serve with him on the Commission.
Wt~h regard to construction traffic on Margarita Road, Chairman Guemere
relayed that the violations committed by the flagmen are hazardous to the safety
of the community; and relayed that the construction trucks transporting dirt are
not controlling spillage by wetting the loads.
For Chairman Guerdere, Mr. Parks relayed that while the construction trucks
traveling in the area are legally able to de so, noting that staff is addressing the
issue via the formation of the Grading Ordinance, which will be brought to the
Commission in approximately 60 days.
ADJOURNMENT
At 9:05 P.M. Chairman Guerdero formally adjoumed this meeting to Wednesday, June
2~ 1999 at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive,
Temecula.
Ron Guerdero, Chairman
Debbie Ubnoske, Planning Manager
12
ITEM #3
CITY OF TEMECULA
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Planning Commission
Debbie Ubnoske, Planning Manager
June 16, 1999
Planning Application No. PA98-0369 (Comer Monumentation for the Power Center)
Prepared by: Carole K. Donahoe, AICP, Associate Planner
RECOMMENDATION:
Community Development Department - Planning Division Staff
Recommends that the Planning Commission:
APPROVE the comer monumentation located at the southwest comer of Winchester
Road (State Highway 79 North) and Margarita Road, for the Power Center, 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 Planning Commission reviewed the initial design of the comer
monumentation. The Commission provided staff with direction on how to achieve a "statement" at
this intersection that would not be dwarfed by the large buildings proposed for the Power Center.
The Commission expressed a desire to have materials used on the monument match those used at
the Mall site. Since that meeting, Excell Architects has worked with staff to redesign the comer
monumentation to comply with the Commission's requests.
On June 2, 1999, staff and Excell representative Cyril Chok presented the redesigned monument and
received input from the Commissioners. The Commission felt that the web address was urmecessary
on this type of signage. The .applicant agreed to eliminate the web address from the approved design.
ANALYSIS:
The new design features three lively balloons, multi-colored and "airborne" against a blue backdrop.
The applicant wanted to emphasize Temecula's identity with ballooning and its Balloon and Wine
Festival.
Structural Desian, Colors and Materials
R:\STAFFRPT~369pa98.pc 6-16-99.doc
The balloons and backdrop, constmcted of mosaic tile, sit atop a 4 V:-foot combination base of
cultured stone, metal trim, and Adoquin stone veneer. All base materials are similar to those used
on the Power Center multi-tenant flee-standing sign already approved for Winchester Road, as well
as the Mall free-standing and comer monument signs. The Adoquin stone veneer is also used on
Mall buildings. The Starwood Wasserman square logo is the same logo used on the multi-tenant
sign, and in the same location on the stone base. Channel letters on the stone veneer are proposed
to be backlit. Together with the mall and cinema signs proposed on Winchester Road, the comer
monument sign forms a complete, cohesive streetscape.
LandscaDin~
A detailed landscape plan for the comer monument area is shown in Exhibit C. Staff feels that this
landscaping will contribute to the overall comer treatment.
SUMMARY AND CONCLUSION:
Staff feels that Excell Architects has brought back to the Commission a comer monumentation plan
that is both "a statement" and a cohesive design that complements the mall project, as well as the
other signage along Winchester Road. The applicant agreed to comply with the Commission's
request to remove the web address from the final design. 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
R:\STAFFRPTX369pa98.pc 6-16-99.doc
2
ATTACHMENT NO. 1
EXHIBITS
R:\STAFFRPTX369pa98,pc 6-16-99.doc
3
CITY OF TEMECULA
CASE NO. - PLANNING APPLICATION NO. PA98-0369
EXHIBIT - A
PLANNING COMMISSION DATE -June 16, 1999
RENDERING
R:',STAFFRPT'/369pa98.pC 6-16-99.doc
4
CITY OF TEMECULA
CASE NO. - PLANNING APPLICATION NO. PA98-0369
EXHIBIT - B
PLANNING COMMISSION DATE - June 16, 1999
ELEVATION
R:\STAFFRPTX369pa98.pC 6-16-99.doc
5
CITY OF TEMECULA
CASE NO. - PLANNING APPLICATION NO. PA98-0369
EXHIBIT - C
PLANNING COMMISSION DATE -June 16, 1999
LANDSCAPE PLAN
R:IiSTAFFRPTX369pa98.pc 6-16-99,doc
6
ITEM #4
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Planning Commission
Patty Anders, Assistant Planner
June 16, 1999
Proposed Changes for Chemicon (PA 99-0044-Development Plan)
As you are aware, the Planning Commission approved the Chemicon project on April 21, 1999.
The Development Plan application approved the design, construction and operation of a 85,056
square foot office/industrial/warehouse building. Subsequent to that approval, the applicant's
architect attempted to design the floor plan. Due to the curved shape of the building, it did not
allow a functional floor plan to meet their operational needs. In an effort to remedy the problem,
the applicant retained a new architect who created a new design and floor plan that would
accommodate their daily operational needs. As a result, the design of the building changed
significantly, and staff felt it was appropriate for the Commission to review the revised design.
Attached are the plans illustrating the proposed changes. The modified building is 84,743 square
feet. which is slightly smaller than the 85,056 square feet that was originally approved (please
see attached letter from the architect outlining the detailed changes). Staff has reviewed the
overall design, site layout, circulation, landscape plan and colors and materials. Although the
building is different from what was originally approved, staff feels that the design is of equal
quality and complies with the City's Design Guidelines and Development Cede. In addition, the
proposed landscape plan will retain the entire Eucalyptus grove on the west side of the property,
whereas the approved conceptual landscape plan required removal of some of the existing trees.
The applicant has also agreed to incorporate any comments from the City's Landscape Architect
upon his review of the new conceptual landscape plan.
Staff would like the Commission's approval of the proposed building medifications.
Attachments:
1. Letter from Tim Schulze dated June 9, 1999 - Blue Page 2
R:\planning\memos\44PA99PC-MEM .doc
ATTACHMENT NO. 1
LETTER FROM TIME SCHULZE
DATED JUNE 9, 1999
R:\planning\memos\44PA99PC-MEM .doc
2
9 June 1999
Ms. Patty Anders
ASSISTANT PLANNER
CITY OF TEMECULA
43200 Business Park Drive
Temecula, CA 92589
PACIFIC
CORNERSTONE
ARCHITECTS, INC.
RE: CHEMICON
PA 99-0044
Dear Patty:
Pacific Cornerstone Architects has been retained by Dave Beckman to provide architectural
services for Chemicon'S proposed building at 28820 Single Oak Drive. This project was
· previously approved by the planning commission on April 21, 1999 per development plan PA
99~0044 (prior approval was granted to design drawings provided by the architectural firm of
Herron & Rumansof0.
Chemicon is requesting that the planning commission amend the previous submittal per the
attached plans. A major redesign of the Shell building occurred due to the complicated building
configuration of the prior design. Future tenant improvements which will consist of laboratory
and controlled environments for manufacturing as well as research and development spaces,
corporate offices, warehouse and cold room uses could not be efficiently planned,
The previous submittal was deficient in providing useable space to accommodate the planned
tenant improvements_ Major differences in the (2) proposals are the building shape and design,
entry elements and tracking access. The concrete tilt-up panels are designed as repetitive
elements. These panels are positioned to resist massive amounts of shear loads due to
irregular building shape (previous design was to include a _+ 100' long interior concrete shear
wall). The tilt-up panels have been accentuated with reveals to achieve a multifaceted appeal.
The shadow lines give greater depth to the concrete panel. The base will lend a sense of
strength to the building a|ong wilh the use of high performance glass at the punched openings,
The overall shell design provides features that portray a high-tech biDmedical image with
surrounding site amentries c~mparable to those in the La Jolla area research parks.
The main entry iS now a major focal point to the design with enhanced paving, palms and
outdoor plaza. The truck doors have been totally screened from view behind a concrete tilt-up
walls. The mature eucalyptus grove will remain as is and not be encroached upon. previous
submittal required construction of a retaining wall and removing DE +_ 10 eucalyptus trees for
truck access. There will be (3) grade level doors recessed on west elevation. These doors are
used for UPS/Fedex trucks only.
Jl,~10 REHCC/ROAD. SUITE C · ,fAN DIEGO, CALIFORNIA 92121 · (6~9} (,77-9B~0 FAX (619)
abed -- tudL0:Z 666L '6 aunt Aepseupatlj
Ms. Patty Anders
CITY OF TEMECULA
Page 2
We emphasize clean design fiat promotes divisible flexibility over time to accommodate lhe
changing program needs of our client and this marketplace, Thus making Chemicon's asset
more valuable now and in the future real estate market,
If you have any question please feel free to call me.
Sincerely,
PACIFIC CORNERSTONE ARCHITECTS, INC,
Tim Schulze
Principal
F.1L4iPv 7',CHEMICOIVICIT~.L TR. WF>D
T.S/ka
ITEM #5
PUBLIC CONVENIENCE OR NECESSITY CRITERIA
(ORAL PRESENTATION)
ITEM #6
RECOMMENDATION:
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
June 16, 1999
Planning Application No. PA99-0145 (Development Plan - Fast '~rack)
Case Planner: Steve Griffin, Project Planner, AICP
The Community Development Department - Planning Division Staff
recommends the Planning Commission:
1. ADOPT Resolution No. 99-__ approving Planning
Application No. PA99-0145 based on the findings and
subject to the conditions contained therein.
2. ADOPT a Notice of Exemption for Planning Application No.
PA99o0145 pursuant to Section 15332 of the CEQA
Guidelines.
APPLICATIONINFORMATION
APPLICANT:
REPRESENTATIVE:
PROPOSAL:
LOCATION:
GENERAL PLAN:
ZONING:
LAND USE:
PUBLIC INPUT:
Sorrento Development for Burkey Machine and Tool
Michael C. Reeves, Sorrento Development
The design, construction and operation of a 16,111 square foot
industrial building on a 1.14 acre parcel.
42324 Colt Coud (southwest corner of Colt Court and Winchester
Road)
BP Business Park (subject site and surrounding the site)
LI Light Industrial (subject site and surrounding the site)
Subject: Vacant
North: Winchester Road & vacant industri~I parcel
South: Pending development plan for "Mosco" industrial
building
East: Colt Court & "Long" Industrial building (under
construction)
West: Vacant industrial parcel
To date the staff has received no public input on this application.
R:\STAFFRPT~145PA99,BURKEY PC STAFF REPORT.doc
1
PROJECT STATISTICS
Site Area:
Building Area:
Landscaped Area:
Parking/Paved Area:
Lot Coverege/FIoor Area Ratio:
Parking Required:
Parking Provided:
Building Height:
49,868 sq. ft. (1.14 acres)
16,111 sq. ft. (32% of site)
15,775 sq. ~. (32% of site)
17,982 sq. ~. (36% of site)
0.32
30 spaces, plus 1 motorcycle & 4 bicycle spaces
37 spaces, plus I motorcycle & 4 bicycle spaces
25' 8" (single level)
PROJECT DESCRIPTION
The proposal is for a 16,111 square foot industrial building on 1.14 acres at the southwest corner
of Colt Court and Winchester Road. The project has been submitted as a fast track application by
Sorrento Development on behalf of the Burkey Machine and Tool 'Company, a manufacturer of
precision medical components. Burkey Machine and Tool currently has 54 employees located in
three buildings throughout Temecula. This proposal is intended to consolidate their operations into
a single, new facility.
BACKGROUND
A pre-application meeting was held with the applicant on April 9, 1999. The formal application was
submitted on April 19, 1999, and the plans were reviewed by ~e Design Review Committee on
April 29, 1999. The project was deemed complete on May 20, 1999.
SURROUNDING DEVELOPMENT
Colt Court is a short cul-de-sac providing access to six light industrial parcels. The subject property
sits directly across from the Long Machine Shop building, which is located on the southeast corner
of Colt and Winchester. The Long builffing was appreved by the Planning Commission in May,
1999, and is currently under construction. A building proposed by C&H Specialties, a manufacturer
of school furniture, will be constructed on two parcels at the south end of the cuPde-sac. It was
approved by the Commission in January, 1999.
Applications have been received for two additional industrial buildings, both speculative proposals,
on the two remaining lots on Colt Court. These two buildings, on opposite sides of Colt Court
directly to the south and adjoining the corner properties, would complete the development of the
parcels served by the Colt Court cul-de-sac. These projects are expected to be before the Planning
Commission sometime in J~ly or August, 1999.
ANALYSIS
Site Desicln
The building is situated at the northeast corner of the parcel, separated from the two street
frontages by 20 foot-wide landscaped setbacks. Parking is located to the south (side) and west
(rear) of the building with a single access drive off Colt Court. The driveway is situated at the
southeasterly corner of the property in order to provide as much separation as possible from the
intersection with Winchester. Loading activities will occur at the rear portions of the site, screened
R:\STAFFRPT~145PA99.BURKEY PC STAFF REPORT.dec
2
from public view by the building itself, as well as by landscaping and a 6 foot-high freestanding
screen wall along Winchester Road.
The applicant has worked closely with staff in implementing some required and some optional site
enhancements (see also Landscaping below). The employee patio area is located directly adjacent
tothe south side of the building, separated from the parking area by landscape planting and
benches. This area also features a central planting cutout that will accommodate a shade tree for
aesthetics and overhead protection. A minor but convenient feature is the proposal for concrete
step-outs where parking spaces abut landscape planters.
Architecture
The single-level, 26 foot-high building is of standard tilt-up concrete construction consistent with
the vast majority of other buildings in the area. Basically rectangular in shape, the structure
features a major corner element at the street intersection consisting of a 45° 18 foot-wide cut-off
of glass extending almost the entire height of the building. The building entry, located at the
southeast corner of the structure, is articulated and highlighted with additional glass, double doors
and a 5 foot by 17.5 foot recess supported by a single 1.5 foot square column.
All four building walls feature four 2 inch wide by % inch deep beveled horizontal reveals, with a
single 3.5 inch wide by ~ inch deep beveled reveal at the top edge of the parapet. The upper,
middle and lower horizontal "bands" created by the reveals will be smooth concrete, whereas the
two intervening bands will be textured sandblasted concrete on all three visible elevations
(excluding only the rear westerly elevation). The sandblasted bands will also contain solar grey
glass windows extending along the Winchester (upper band) and Colt Court (lower band)
elevations.
The basic color scheme consists of the predominant "white" color of the smooth, painted concrete
wall surfaces, the "natural grey" color of the two sandblasted horizontal bands (the natural concrete
color of the sandblasted bands on the three exposed elevations will be replicated with paint color
at the rear, westerly elevation), and the "solar grey" and "dark bronze" colors of the glass windows
and supporting aluminum frames. As an accent, each of the five horizontal reveals will be painted
inside with a blue/green "teal" color. The combination of colors, materials and building articulation
at the street intersection and building entry will present a quality, well-ordered and appealing
building design.
Landscapinq
This corner property provides significantly more landscaping than the typical interior industrial
parcel. In addition to the 20 foot-wide landscaped setbacks adjacent to both street frontages, and
the landscaped slope at the rear of the property, the project features a significant landscaped area
at the entry to the parking lot. This area, which is 35 feet deep, will be mounded to a height of 2-3
feet. This will enhance the street frontage and entry drive, and also help screen and soften the view
of the parking lot and cars from the street.
The width of the landscape planters along both sides of the southerly parking area have been
expanded by at least 2 feet beyond the required 5 foot minimum in order to serve as wheel stops.
This not only provides more green space, but also presents a less cluttered look than freestanding
concrete wheel bumpers. A parking lot without bumpers will be easier to maintain, which should
further contribute to a neat, well-ordered appearance.
R:\STAFFRPT~145PA99.BURKEY PC STAFF REPORT.doc
3
All of the landscaped areas are planted with trees, shrubs and ground covers consistent with City
standards and the comments received from our Landscape Architect.
ENVIRONMENTAL DETERMINATION
A'Notice of Exemption for Planning Application No. PA99~0145 was made per the California
Environmental Quality Act (CEQA) Guidelines Section 15332.
Section 15332 applies to in-fill development projects on sites that: are less than five (5) acres and
substantially surrounded by urban uses; consistent with the applicable general plan designation and
all applicable general plan policies as well as with applicable zoning; have no value as habitat for
endangered, rare or threatened species; and that can be adequately served by all required utilities
and public services.
The site meets all of the criteria noted above, and therefore the proposed project is eligible for a
CEQA exemption pursuant to Section 15332 of the CEQA Guidelines.
GENERAL PLAN AND ZONING CONSISTENCY
The project is consistent with the (BP) Business Park land use designation and the (LI) Light
Industrial zone applicable to the property in the Temecula General Plan and Development Code.
Upon approval of the Development Plan as conditioned, the project will meet all of the guidelines
and standards for industrial development prescribed by the Development Code and Design
Guidelines.
SUMMARY/CONCLUSIONS
The project has been determined by staff to be consistent with applicable City policies, standards
and guidelines. We believe it is compatible with the nature and quality of surrounding development,
and will represent an attractive, functional and economic addition to the City's industrial and
employment base.
RECOMMENDED FINDINGS
The proposal is consistent with the land use designation and policies reflected for (BP)
Business Park development in the City of Temecula General Plan, as well as the
development star~dards for (LI) Light Industrial development contained in the City's
Development Code. The site is therefore properly planned and zoned and found to be
physically suitable for the type and density of industrial development proposed. The project
as conditioned is also consistent with other applicable requirements of State law and local
ordinance, including the California Environmental Quality Act (CEQA), the CityWide Design
Guidelines, and fire and building codes.
The overell design of the project, including the site, building, parking, circulation and other
associated site improvements, is consistent with and intended to protect the health and
safety of those working in and around the site. The project has been reviewed for, and as
conditioned has been found to be consistent with, all applicable policies, guidelines,
standards and regulations intended to ensure that the development will be constructed and
function in a manner consistent with the public health, safety and welfare.
R:\STAFFRPT~145PA99.BURKEY PC STAFF REPORT.dOC
4
The design of the proposed improvements is not likely to cause substantial environmental
damage or substantially and unavoidably injure fish or wildlife or their habitat. There are
no 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, which is a portion of a larger industrial park. 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.
Attachments
PC Resolution - Blue Page 6
Exhibit A: Conditions of Approval - Blue Page 9
Exhibits - Blue Page 19
A. Vicinity Map
B. Zoning Map
C. General Plan Map
D. Site Plan
E. Grading Plan
F. Elevations
G. Floor Plans
H. Landscape Plan
R:\STAFFRPT~145PA99.BURKEY PC STAFF REPORT.dOC
5
A'FI'ACHMENT NO. 1
PC RESOLUTION NO. 99-
R:\STAFFRPT~145PA99.BURKEY PC STAFF REPORT.dOC
6
ATTACHMENT NO. 1
PC RESOLUTION NO. 99-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA99-0145, A DEVELOPMENT PLAN FOR THE DESIGN,
CONSTRUCTION AND OPERATION OF A 16,111 SQUARE FOOT
BUILDING ON 1.14 ACRES LOCATED AT THE SOUTHWEST
CORNER OF WINCHESTER ROAD AND COLT COURT (42329
COLT COURT) AND KNOWN AS ASSESSOR'S PARCEL NO.
909-360-006
WHEREAS, Michael C. Reeves, representing Sorrento Development Company, filed
Planning Application No. PA99-0145, in accordance with the City of Temecula General Plan and
Development Code;
WHEREAS, Planning Application No. PA99-0145 was processed including, but not limited
to a public notice, in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. PA99-0145 on
June 16, 1999, at a duly noticed public hearing as prescribed by law, at which time the City staff
and interested persons had an opportunity to and did testify either in support or in opposition to this
matter;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of the
testimony, the Commission approved Planning Application No. PA99-0145;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES HEREBY 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 approving Planning Application No.
PA99-0145 (Development Plan) hereby makes the following findings as required by Section
17.05.010.F of the Temecula Municipal Code:
A. The proposal is consistent with the land use designation and policies reflected for (BP)
Business Park development in the City of Temecula General Plan, as well as the development
standards for (LI) Light Industrial development contained in the City's Development Code. The site
is therefore properly planned and zoned and found to be physically suitable for the type and density
of industrial development proposed. The project as conditioned is also consistent with other
applicable requirements of State law and local ordinance, including the California Environmental
Quality Act (CEQA), the CityWide Design Guidelines, and fire and building code. s.
B. The overall design of the project, including the site, building, parking, circulation and
other associated site improvements, is consistent with and intended to protect the health and safety
of those working in and around the site. The project has been reviewed for and as conditioned has
been found to be consistent with all applicable policies, guidelines, standards and regulations
R:\STAFFRPTH45PA99.BURKEY PC STAFF REPORT.doc
7
intended to ensure that the development will be constructed and function in a manner consistent
with the public health, safety and welfare.
C. The design of the proposed improvements is not likely to cause substantial
environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There
is no fish wildlife or habitat on the project site, and the project will not affect any fish wildlife or
habitat off-site. The site is surrounded by development and is an infill site. Furthermore, grading
has already occurred at the site, which is a portion of a larger industrial park. 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.
Section 3. Environmental Compliance. A Notice of Exemption for Planning Application No.
PA99-0145 was made per the California Environmental Quality Act Guidelines Section 15332. This
Section allows exemptions for infill development projects that meet certain prescribed criteria. The
subject site complies with these criteria and therefore the exemption can be applied to this project.
Section 4. Conditions. That the City of Temecula Planning Commission hereby
conditionally approves Planning Application No. PA99-0145 (Development Plan) for the design,
construction and operation of a 16,111 square foot building on 1.14 acres located at the southwest
corner of Winchester Road and Colt Court (42329 Colt Court) and known as Assessor's Parcel No.
909-360-006 subject to the project specific conditions set forth in Exhibit A, attached hereto, and
incorporated herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 16th day of June, 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 16th day of June,
1999, by the following vote of the Commission:
AYES:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
R:\STAFFRPT~145PA99.BURKEY PC STAFF REPORT.doC
8
EXHIBIT A
CONDITIONS OF APPROVAL
R:~STAFFRPT~145PA99.BURKEY PC STAFF REPORT.doc
9
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No: PA99-0145 - Development Plan
Project Description:
Construct and operate a 16,111 sq. ft. industrial building
on a 1.14 acre light industrial parcel
DIF Category:
Business Park/Industrial
Assessor's Parcel No:
Approval Date:
Expiration Date:
909-360-006
June16,1999
June 15,2001
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant shall deliver to the Community Development Department - Planning Division
a cashier's check Dr 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 Exemption as provided under Public Resources Code Section 21108(b) and
California Code of Regulations Section 15062. If within said forty-eight (48) hour period the
applicant 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 applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, 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 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 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
action the City deems to be in the best interest of the City and its citizens in regards to such
defense.
This approval shale be used within two (2) years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two (2) year period which is thereafter diligently
R:\STAFFRPT~145PA99.BURKEY PC STAFF REPORT.doc
10
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
The development of the premises shall substantially conform to the approved Exhibits D
(Site Plan), E (Grading Plan), F (Elevations), G (Floor Plans), and H (Landscape Plan),
contained on file with the Community Development Department - Planning Division.
Landscaping installed for the project shall be continuously maintained to the reasonable
satisfaction of the Planning M~nager. If it is determined that the landscaping is not being
maintained, the Planning Manager shall have the authority to require the properly owner
to bring the landscaping into conformance with the approved landscape plan. The
continued maintenance of all landscaped areas shall be the responsibility of the developer
or any successors in interest.
All mechanical and roof equipment shall be fully screened from public view by being placed
below the lowest level of the surrounding parapet wall.
The trash enclosure and the freestanding wall adjacent to Winchester Road, as well as the
exposed portions of the retaining walls at the rear of the site, shall be architecturally treated
to complement and blend with the design of the building.
8. All compact parking spaces will be marked for "COMPACT CARS ONLY."
The colors and materials for the project shall substantially conform to those noted directly
below and with Exhibit "1" (Color and Material Board), contained on file with the Community
Development Department - Planning Division.
Primary wall:
Reveals:
Match for sandblasted bands (at rear elevation):
Glass:
Anodized aluminum:
Frazee # 5890 "City Lights"
Frazee # 4944D "Teal"
Frazee # 5581W "Boulder"
Solar Grey
Dark Bronze
Prior to the Issuance of Grading Permits
The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal
Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by
providing documented evidence that the fees have already been paid.
11.
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.
12. The applicant shall revise Exhibits "D, E, F, G, H and I", (Site Plan, Grading Plan,
Elevations, Floor Plan, Landscape Plan, and Color and Material Board) to reflect the final
conditions of approval that will be provided by the Community Development Department -
Planning Division staff, and shall submit five (5) full size copies, one (1) reduced 8.5"xl 1"
copy of Exhibits D through H, and two (2) 8" X 10" glossy photographic color prints of
approved Exhibit "1" (Color and Materials Board) and of the colored version of approved
Exhibit "F", the colored architectural elevations, to the Community Development Department
- Planning Division for their files. All labels on the Color and Materials Board and Elevations
shall be readable on the photographic prints.
R:\STAFFRPT~145PA99.BURKEY PC STAFF REPORT.dOC
11
Prior to the Issuance of Building Permits
13. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule.
14.
Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the
Community Development Department - Planning Division for approval. These plans shall
conform substantially with the approved Exhibit "H", or as amended by these conditions.
The location, number, genus, species, and container size of the plants shall be shown. The
plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify
the total square footage of the landscaped area for the site. The plans shall be
accompanied by the following items:
B.
C.
D.
Appropriate filing fee (per the City of Temecula Fee Schedule at time of
submittal).
One (1) copy of the approved grading plan.
Water usage calculations per Chapter 17.32 of the Development Code (Water
Efficient Ordinance).
Total cost estimate of plantings and irrigation (in accordance witl~ the approved
plan).
Prior to the Issuance of Occupancy Permits
15.
An Administrative Development Plan application for signage shall be required for any
signage not included on Exhibits "D" and "F", or as amended by these conditions. A
separate building permit shall be required for all signage identified on the approved Exhibits
"D" and "F", or as amended by these conditions.
16.
All required landscape planting and irrigation shall have been installed consistent with the
approved construction plans and shall be in a condition acceptable to the Planning
Manager. The plants shall be healthy and free of weeds, disease, or pests. The irrigation
system shall be properly constructed and in good working order.
17.
Performance securities, in amounts to be determined by the Planning Manager, to
guarantee the maintenance of the landscape planrings, in accordance with the approved
construction landscape and irrigation plan, shall be filed with the Community Development
Department - Planning Division for one year from final certificate of occupancy. After that
year, if the landscaping and irrigation system have been maintained in a condition
satisfactory to the Planning Manager, the bond shall be released.
18.
Each parking space reserved for the handicapped shall be identified by a permanently
affixed refiectodzed sign constructed of porcelain on steel, beaded text or equal, displaying
the International Symbol of Accessibility. The sign shall not be smaller than 70 square
inches in area and shall be centered at the interior end of the parking space at a minimum
height if 80 inches from the bottom of the sign to the parking space finished grade, or
centered at a minimum height of 36 inches from the parking space finished grade, ground,
or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the
off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously
stating the following:
R:\STAFFRPT~145PA99.BURKEY PC STAFF REPORT.dOC
12
19.
"Unauthorized vehicles parked in designated accessible spaces not
displaying distinguishing placards or license plates issued for
persons with disabilities may be towed away at owner's expense.
Towed vehicles may be reclaimed by telephoning 909 696-3000."
In addition to the above requirements, the surface of each parking place shall have a
surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3
square feet in size.
All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
PUBLIC WORKS DEPARTMENT
20. Unless otherwise noted, the Developer at no cost to any Government Agency shall
complete all conditions. It is understood that the Developer correctly shows on the site plan
all existing and proposed property lines, easements, traveled ways, improvement
constraints and drainage courses, and their omission may require t.he project to be
resubmitted for further review and revision.
General Requirements
21. A Grading Permit for either rough and/or precise grading, including all on-site fiat work and
improvements shall be obtained from the Department of Public Works prior to
commencement of any construction outside of the City-maintained street right-of-way.
22.
An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
23. All improvement plans and grading plans shall be coordinated for consistency with adjacent
projects and existing improvements contiguous to the site and shall be submitted on
standard 24" x 36" City of Temecula mylars.
Prior to Issuance of a Grading Permit
24. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and
approved by the Department of Public Works. The grading plan shall incl[Jde all necessary
erosion control measures needed to adequately protect adjacent public and private
property.
25.
The Developer shall post security and enter into an agreement guaranteeing the grading
and erosion control improvements in conformance with applicable City Standards and
subject to approval by the Department of Public Works.
26.
A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the
Director of the Department of Public Works with the initial grading plan check. The report
shall address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and pavement sections.
27.
A Geological Report shall be prepared by a qualified engineer or geologist and submitted
to the Department of Public Works with the initial grading plan check. The report shall
address special study zones and the geological conditions of the site, and shall provide
recommendations to mitigate the impact of ground shaking and liquefac!ion.
R:\STAFFRPT~145PA99.BURKEY PC STAFF REPORT.cioc
13
28.
The Developer shall have a Drainage Study prepared by a registered Civil Engineer in
accordance with City Standards identifying storm water runoff expected from this site and
upstream of this site. The study shall identify all existing or proposed 'public or private
drainage facilities intended to discharge this runoff. The study shall also analyze and
identify impacts to downstream properties and provide specific recommendations to protect
the properties and mitigate any impacts. The Developer shall provide any upgrading or
upsizing of downstream facilities, including acquisition of drainage or access easements
necessary to make required improvements.
29.
The Developer must comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) permit from the State Water Resources Control Board. No
grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the
project is shown to be exempt.
30.
As deemed necessary by the Director of the Department of Public Works, the Developer
shall receive written clearance from the following agencies:
31. San Diego Regional Water Quality Control Board
32. Riverside County Flood Control and Water Conservation District
33. Planning Department
34. Department of Public Works
35.
The Developer shall comply with all constraints which may be shown upon an
Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the
subject property.
36.
37.
Permanent landscape and irrigation plans shall be submitted to the Planning Department
and the Department of Public Works for review and approval.
The Developer shall obtain any necessary letters of approval or slope easements for off-site
work performed on adjacent properties as d rected by the Department of Public Works.
38.
A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County .Flood Control and Water Conservation District by either cashier's check
or money order, prior to issuance of permits, based on the prevailing area drainage plan
fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this
property, no new charge needs to be paid.
Prior to Issuance of a Building Permit
39. Improvement plans and/or precise grading plans shall conform to applicable City of
Temecula Standards subject to approval by the Director of the Department of Public Works.
The following design criteria shall be observed:
40. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving.
41. Driveway shall conform to the applicable City of Temecula Standard No. 207A.
42. All street and driveway centerline intersections shall be at 90 degrees.
R:\STAFFRPTH45PA99.BURKEY PC STAFF REPORT.doc
14
43. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to
driveways to provide for minimum sight distance and visibility.
44. All concentrated drainage directed towards the public street shall be conveyed through
undersidewalk drains.
45. The building pad shall be certified to have been substantially constructed in accordance with
the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer
shall issue a Final Soil Report addressing compaction and site conditions.
46. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecuia Municipal Code and
all Resolutions implementing Chapter 15.06.
47. The Developer shall record a written offer to participate in, and waive all rights to object to
the formation of an Assessment District, a Community Facilities District, or a Bridge and
Major Thoroughfare Fee District for the construction of the proposed Western Bypass
Corridor in accordance with the General Plan. The form of the offer shall be subject to the
approval of the City Engineer and City Attorney.
Prior to Issuance of a Certificate of Occupancy
48. As deemed necessary by the Department of Public Works, the Developer shah receive
written clearance from the following agencies:
49. Rancho California Water District
50. Eastern Municipal Water District
51. Department of Public Works
52. All public improvements shall be constructed and completed per the approved 91arts and
City standards to the satisfaction of the Director of the Department of Public Works.
53. The existing improvements sha}l be reviewed. Any appurtenance damaged or broken shall
be repaired or removed and replaced to the satisfaction of the Director of the Department
of Public Works.
BUILDING AND SAFETY DEPARTMENT
56. Comply with applicable provisions of the 1994 Edition of the California Building, Plumbing
and Mechanical Codes; 1993 National Electrical Code; California Administrative Code, Title
24 Energy and Disabled Access Regulations, and the Temecula Municipal Code.
57. Submit at the time of plan review complete exterior site lighting plans in compliance with
Ordinance No. 655 for the regulation of light pollution.
58. Obtain street addressing for all proposed buildings prior to submittal for plan review.
59. All buildings and facilities must comply with applicable disabled access regulations
(California Disabled Access Regulations effective April 1, 1998).
R:\STAFFRPT~145PA99.BURKEY PC STAFF REPORT.doc
15
60. Provide house electrical meter provisions for power for the operation of exterior lighting, fire
alarm systems.
61.
Restroom fixtures, number and type, to be in accordance with the provisions of the 1994
Edition of the Uniform Plumbing Code, Appendix C.
62. Provide and approved automatic fire sprinkler system.
63.
Provide appropriate stamp of a registered professional with original signature on plans
submitted for plan review.
64.
Provide electrical plan including load calcs and panel schedule, plumbing schematic and
mechanical plan for plan review.
65.
A preconstruction meeting is required with the building inspector prior to the start of building
construction.
66. Provide a precise grading plan with the building plan review submittal.
67.
Provide an exit analysis with plan check submittal to justify non-rated corridor construction
as proposed.
68.
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.
69.
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.
FIRE DEPARTMENT
The following are the Fire Department Conditions of Approval for this project. All questions
regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau.
70.
Final fire and life ~afety conditions will be addressed when building pla. ns are reviewed
by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
Uniform Building Code (UBC), Uniform Fire Code (UFC), and related codes which are
in force at the time of building plan submittal.
71.
The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per UFC Appendix Ill.A, Table A-Ill-A-1. The
developer shall provide for this project, a water system capable of delivering 1500 GPM
at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM
for a total fire flow of 2350 GPM with a 2 hour duration. The required fire flow may
be adjusted during the approval process to reflect changes in design, construction type,
or automatic fire protection measures as approved by the Fire Prevention Bureau. The
Fire Flow as given above has taken into account all information as provided. (UFC
903.2, Appendix Ill,A)
R:\STAFFRPTH45PA99.BURKEY PC STAFF REPORT.doc
16
72.
The Fire Prevention Bureau is required to set minimum fire hydrant distances per UFC
Appendix Ill.B, Table A-Ill-B-1. A combination of on-site and off-site super fire hydrants
(6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and
adjacent public streets. Hydrants shall be spaced at 500 feet apart and shall be located
no more than 250 feet from any point on the street or Fire Department access road(s)
frontage to a hydrant. The required fire flow shall be available from any adjacent
hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (UFC
903.2, 903.4.2, and Appendix Ill-B)
73.
Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any
cul-de-sac shall be forty-five (45) feet. (UFC 902.2.2.2.3 and Ord 460)
74.
If construction is phased, each phase shall provide approved access and fire protection
prior to any building construction. (UFC 8704.2 and 902.2.2)
75.
Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent roads
are installed. Temporary Fire Department access roads shall be an all weather surface
for 70,000 Ibs GVW. (UFC 8704.2 and 902.2.2.2)
76.
Prior to building final, all locations where structures are to be built shall have approved
Fire Department vehicle access roads to within 150 feet to any portion of the facility
or any portion of an exterior wall of the building(s). Fire Department access roads shall
be an all weather surface designed for 70,000 Ibs. GVW with a minimum AC thickness
of .25 feet. ( UFC sec 902 and Ord 95-15)
77.
Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen
(13) feet six (6) inches. (UFC 902.2.2.1 and Ord 95-15)
78.
Prior to building construction, dead end road ways and streets in excess of one hundred
and fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus. (UFC 902.2,2.4)
79.
Prior to issuance of building permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall
be: signed by a registered civil engineer; contain a Fire Prevention Bureau approval
signature block; and conform to hydrant type, location, spacing and minimum fire flow
standards. After the plans are signed by the local water company, the originals shall
be presented to the Fire Prevention Bureau for signatures. The required water system
including fire hydrants shall be installed and accepted by the appropriate water agency
prior to any combustible building materials being placed on an individual lot. (UFC
8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1)
80.
Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective
Markers" shall be installed to identify fire hydrant locations. (UFC 901.4.3)
81.
Prior to issuance of a Certificate of Occupancy or building final, all commercial buildings
shall display street numbers in a prominent location on the street side of the building.
The numerals shall be minimum twelve (12) inches in height for buildings and six (6)
inches for suite identification on a contrasting background. In strip centers, businesses
shall post the suite address on the rear door(s). (UFC 901.4.4 and Ord 95-15)
R:\STAFFRPT~145PA99.BURKEY PC STAFF REPORT.doc
17
82.
Prior to issuance of Certificate of Occupancy or building final, based on square footage
and type of construction, occupancy or use, the developer shall install a fire sprinkler
system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for
approval prior to installation. (UFC Article 10, UBC Chapter 9 and Ord 95-15)
83.
Prior to issuance of Certificate of Occupancy or building final, based on a requirement
for monitoring the sprinkler system, occupancy or use, the developer shall install an fire
alarm system monitored by an approved Underwriters Laboratory listed central station.
Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation.
(UFC Article 1 O)
84.
Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall
be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and
be located to the right side of the main entrance door. The Knox-Box shall be
supervised by the alarm system. (UFC 902.4)
85.
86.
All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid
entry system for emergency access by firefighting personnel. (UFC 902.4)
Prior to the building final, speculative buildings capable of housing high-piled combustible
stock, shall be designed with the following fire protection and life safety features: an
automatic fire sprinkler system(s) designed for a specific commodity class and storage
arrangement, hose stations, alarm systems, smoke vents, draft curtains,' Fire Department
access doors and Fire department access roads. Buildings housing high-piled combustible
stock shall comply with the provisions Uniform Fire Code Article 81 and all applicable
National Fire Protection Association standards. (UFC Article 81 ).
OTHER AGENCIES
87.
88.
Flood protection shall be provided in accordance with the Riverside County Flood Control
District's transmittal dated April 30, 1999, a copy of which is attached. The fee is made
payable to the Riverside County Flood Control Water District by either a cashier's check or
money order, prior to the issuance of a grading permit (unless deferred to a later date by
the District), based upon the prevaiIing area drainage plan fee.
The applicant shall comply with the recommendations set forth in the Rancho California
Water Districts transmittal dated April 23, 1999. a copy of which is attached.
By placing my signature below, I confirm that I have read, understand and acci~pt 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 Name
R:\STAFFRP'R145PA99.BURKEY PC STAFF REPORT.dOC
18
Philllp I_ Forbes
Kenneth C. Dealy
C
April 23, 1999
Steve Griffin, Case Planner
City of Temecula
Planning Department
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
SUBJECT:
WATER AND SEWER AVAILABILITY
PARCEL NO. 6 OF PARCEL MAP NO. 28471 ol
APN 909-360-006
PLANNING APPLICATION NO. PA99-0145
Dear Mr. Griffin:
Please be advised that the above-referenced property is located within
the boundaries of Rancho California Water District (RCWD). Water and
sewer service, therefore, would be available upon completion of financial
arrangements between RCWD and the property owner.
The District may require special sewage discharge constraints for the
proposed site use. The property owner should contact the District for
these requirements.
If fire protection is required, the customer will need to contact RCWD for
fees and requirements.
Water availability would be contingent upon the property owner signing
an Agency Agreement which assigns water management rights, if any, to
RCWD.
If you have any questions, please contact an Engineering Services
Representative at this office.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
Steve Brannon, P.E.
Development Engineering Manager
99%SB:mcl 00~F012-T69=CF
2 2 ,, : '2' .'7~
c: Laurie Willjams, Engineering Services Supervisor
Rancho Califrtr'nia Water'l~i~tnet
Gcn~.ral Manager-Chief Engineer
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
City of Temecula
Plannin De artment
Post O~ce hD~x 9033
Temecula. Califomia 92589-9033
Attention: %'TE I,/E (f~'R,I FF / N
Ladies and Gentlemen:
1995 MARKET
R]VERSIDE, CA
909/955- I200
909/788-9965 FAX
Re: P/::I C/C/_
The District does not normally recommend conditions for land dMsions or other land use oases in incorporated
cities. The Distdct also does not Ion check city land use cases, or provide State Division of Real Estate letters or
other flood hazard reports for suchp cases. Disthct commentslracommendations for such cases are normally limited
to items of specific roterest to the Distdct including District Master Draina e Plan facilities, other re ional flood
control and draina e facilities which could be considered a logical componentgot extension of a master ~%]an s stem,
and Distdct Area ~rainage Plan fees (development mitigation fees). In addition, information of a general n~usre is
provided.
The Oistdct has not reviewed the proposed pro oct in detail and the following checked comments do not in any way
constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public
health and safety or any other such issue:
V/ This project would not be impacted by Disthct Master Drainage Plan facilities nor are other facilities of
regional interest proposed.
This project involves District Master Plan facilities. The District will acce t ownership of such facilities on
written request of the City. Facilities must be constructed to Disthct standards, and Distnct 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 Io ical extension of the adopted
Master Drainage Plan. The Distdct would] consider accepting ownership or such taclht~es on wntten equesi
of the City. Facilities must be constructed to Distdct standards, and Distdct plan check and inspection will
be required or District acceptance. Plan check inspection and administrative fees will be required.
This pro ectfis located within the limits of the 'Distdct's U&&I e.I'A C..R.-C~:K. ~Y/g CUL~ !P'2ec'2
Drainage Plan for which draina e fees have been adop~edl; a phcable fees sh;,~u,l,J be paid by cashiers
check or money order only to t~e Flood Control District pdor ~oF issuance of building or gradin p its
whichever comes first. Fees to be paid should be at the rate in effect at the time of issuance of ~he actua
permit.
GENERAL INFORMATION
This project ma re uire a National Pollutant Discharge Elimination System (NPDES permit from the State Water
Resources ContYrol ;]card. Clearance for grading, recordorion. or other final 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 project involves a Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should
require the applicant to provide all studies, calculations, plans and other ~nformation required to meet FEMA
requirements and should further require that the applicant obtain a Conditional Letter of Map Revision CLOMR)
pdor to grading, recordation or other final approval of the project, and a Letter of Map Rev s on (LOMRS pdor to
occupancy.
If a natural watercourse or mapped flood plain is im acted by this project. the City should require the a ticant to
obtain a Section 160111603 Agreement from the Ca~omia Depar[ment of Fish and Game and a C ean PV6ater Act
f t)
Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence rom hese a encies
indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Qua i Cert~cation
may be required from the local California Regional Water Quality Control Board prior to issuance of ~e Corps 404
permit.
Very truly yours,
STUART E, MCKIBBIN
Senior Civil Engineer
Date: 4 -50 - aq
ATTACHMENT NO. 2
EXHIBITS
R:\STAFFRPT%145PA99.BURKEY PC STAFF REPORT+doc
19
CITY OF TEMECULA
CASE NO. - PA99~0145
EXHIBIT - A
PLANNING COMMISSION DATE- JUNE 16, 1999
VICINITY MAP
R:\Griffins\145PA99.BURKEY PC STAFF REPORT.dOC
8
CITY OF TEMECULA
EXHIBIT B - ZONING MAP
DESIGNATION - LI LIGHT INDUSTRIAL
EXHIBIT C - GENERAL PLAN
DESIGNATION - BP BUSINESS PARK
CASE NO. - PA99-0145
PLANNING COMMISSION DATE- JUNE 16, 1999
R:',Gr~ffins\145PA99.BURKEY PC STAFF REPORT,dOC
9
CITY OF TEMECULA
Q:
CASE NO. - PA99-0145
EXHIBIT- D
PLANNING COMMISSION DATE - JUNE 16, 1999
SITE PLAN
,TEMEC_FS201\DATA\DEPTS\PLANNING\Griffins\145PA99,BURKEY PC STAFF REPORT.doc
CITY OF TE~MECULA
CASE NO. - PA99-0145
EXHIBIT- E
PLANNING COMMISSION DATE - JUNE 16, 1999
GRADING PLAN
,,\TEMEC_FS201\DATA\DEPTS\PLANNING%GdffinS\145PA99.BURKEY PC STAFF REPORT.dOC
CITY OF TEMECULA
LEFT SlOE ELEVATION ....... (~)
CASE NO. - PA99-0145
EXHIBIT - F
PLANNING COMMISSION DATE- JUNE 16, 1999
ELEVATIONS
'\TEMEC+FS201\DATA\DEPTS\PLANNING\Griffins\145PAgg. BURKEY PC STAFF REPORT.doc
CITY OF TEMECULA
FLOOR PLAN
CASE NO. - PA99-0145
EXHIBIT - G
PLANNING COMMISSION DATE- JUNE 16, 1999
FLOOR PLAN
'%TEMEC_FS201\DATA\DEPTS\PLANNING\GriffinS\145pA99.BURKEy PC STAFF REPORT.dOC
CITY OF TEMECULA
LANDSCAPE CONCEPT PLAN
CASE NO. - PA99-0145
EXHIBIT - H
PLANNING COMMISSION DATE -JUNE 16, 1999
LANDSCAPE PLAN
,,,TEMEC_FS201\DATA\DEPTS\PLANNtNG\GriffinS\145PA99.BURKEY PC STAFF REPORT.doc
ITEM #7
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
Date: June 16, 1999
Planning Application No.: PA99-0082 (Development Plan)
Prepared By: Patty Anders, Assistant Planner
RECOMMENDATION:
The Community Development Department - Planning Division Staff
recommends the Planning Commission:
ADOPT Resolution No. 99- approving Planning
Application No. PA99-0082 based upon the Analysis and
Findings contained in the Staff Report, and subject to the
attached Conditions of Approval;
ADOPT a Notice of Exemption for Planning Application No.
PA99-0082 per the California Environmental Quality Act
Guidelines Section 15332.
APPLICATION INFORMATION
APPLICANT:
Don Veasey
REPRESENTATIVE:
Fernando Mesquita, Mesquita & Associates, Architect
PROPOSAL:
The design, construction and operation of a 30,690 square foot office,
two-story, office, commercial and warehouse building with
associated parking and landscaping on a parcel containing 3.14
acres.
LOCATION:
At the southern terminus of Madison Avenue, adjacent to Interstate
15.
EXISTING ZONING:
SC (Service Commercial)
SURROUNDING ZONING:
North: SC (Service Commercial)
South: HT (Highway/Tourist Commercial)
East: Interstate 15
West: SC (Service Commercial)
PROPOSED ZONING: N/A
GENERAL PLAN
DESIGNATION:
SC (Service Commercial)
EXISTING LAND USE: Vacant
R:\STAFFRP'F~82PA99PCStaffRpt.doc
1
SURROUNDING LAND USES:
North: Vacant Lot
South: Santa Gertrudis Creek Channel/Motel
East: Vacant Lot
West: Vacant Lot
BACKGROUND
A formal application submittal was received on March 5, 1999. A Development Review Committee
(DRC) meeting was held on March 29, 1999, with staff providing written comments on April 6,
1999. The project was deemed complete on May 25, 1999.
PROJECT DESCRIPTION
The project consists of the design, construction and operation of a 30,690 square foot, two-story,
office, commercial and warehouse building with associated parking and landscaping on a parcel
containing 3.14 acres. The site is located in an area with several vacant service commercial lots
with some existing commercial and light industrial buildings in the surrounding area. A portion of
the building has an identified furniture retail user. The future users will be required to be consistent
with the existing uses permitted in the Service Commercial zoning classification as stated in the
Development Code.
ANALYSIS
Site Desicln and Landscapinq
The subject property is located on a lot that has been previously graded. The site has two points
of ingress/egress off of Madison Avenue and is adjacent to Interstate 15. The project provides
circulation around the entire building, with parking located on all sides of the site.
Landscaping is being provided along the north, east and west building elevations, and along the
entire perimeter of the site. Staff worked with the applicant to provide large plantings in front of and
at the.main entry to help define and direct customers to this area. The project is providing 26%
landscaping which exceeds the 20% landscaping requirement of the Service Commercial zone.
Staff feels the applicant has utilized and placed the landscaping very effectively on site to help
soften and accent the project as a whole.
Architecture
The building is proposed as a concrete, tilt-up, painted two-story structure..Due to the building's
location (adjacent to Interstate 15), the architect designed the east elevation with the same level
of architectural detail as the main elevation (northwest) to take advantage of the freeway visibility.
The northwest elevation with the main entry is articulated with arched, recessed entries; detailed
parapet trim designs; extensive glazing; varying roof heights; an architectural trim element; reveals;
varying paint colors, and landscaping along the entire elevation. The main entry is articulated with
an arched, recessed entry; a raised roo~ine; detailed parapet trim; and extensive landscaping and
windows. The south elevation is also articulated with extensive reveals, varying arches with
different widths, varying roofing height, parapet trims and a variety of paint coloCs. The proposed
architecture design is of a high quality and complies with the City's Design Guidelines and
Development Code.
R:\STAFFRPT~82PA99PCStaffRpt.doc
2
ENVIRONMENTAL DETERMINATION
A Notice of Exemption f_or Planning Application No. PA99-0082 was made per the California
Environmental Quality Act (CEQA) Guidelines Section 15332. Section 15332 applies to in-fill
development projects that are less than five (5) acres that are substantially surrounded by urban
uses; a project that is consistent with the applicable general plan designation and all applicable
general plan policies as well as with applicable zoning; a site that has no value as habitat for
endangered, rare or threatened species; and a site that can be adequately served by all required
utilities and public services. The subject site is a previously graded lot, is in an area that does not
serve as a mitigation corridor or have habitat for endangered, rare or threatened species.
Therefore, the proposed project is eligible for a CEAQ exemption pursuant to Section 15332 of the
CEQA Guidelines.
GENERAL PLAN AND ZONING CONSISTENCY
The proposed project is consistent with the General Plan Land Use Designation and existing zoning
of SC (Service Commercial) and the City-Wide Design Guidelines and Development Code. The
proposed use is a permitted use within Service Commercial zoning classification. As proposed,
the project complies with the General Plan Land Use designation, existing zoning and the
corresponding development standards.
SUMMARY/CONCLUSIONS
The project consists of the design, construction and operation of a 30,690 square foot two-story,
office, commercial and warehouse building with associated parking and landscaping on a parcel
containing 3.14 acres. As proposed, the project is consistent with the General Plan and
Development Code, and is compatible with the existing development in terms of architectural
design, colors and materials.
FINDINGS
The proposed use is in conformance with the General Plan for Teme~ula and with all
applicable requirements of State law and other ordinances of the City. The proposed use
is a permitted use in the Service Commercial zoning classification.
The overall development of the land is designed for the protection of the public health,
safety and general welfare. The proposed use is in conformance with the General Plan for
Temecula, the Development Code and with all applicable requirements of State law and
other ordinances of the City.
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. 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. A Notice of Exemption for Planning Application
No. PA99-0082 was made per the California Environmental Quality Act (OEQA) Guidelines
Section 15332. Section 15332 applies to in-fill development projects that are less than five
(5) acres that are substantially surrounded by urban uses; a project that is consistent with
the applicable general plan designation and all applicable general plan policies as well as
R:\STAFFRP'R82PA99PCStaffRpt.dOC
3
with applicable zoning; a site that has no value as habitat for endangered, rare or
threatened species; and a site that can be adequately served by all required utilities and
public services. The subject site is a previously graded lot, is in an area that does not serve
as a mitigation corridor or have habitat for endangered, rare or threatened species.
Therefore, the proposed project is eligible for a CEAQ exemption pursuant to Section 15332
of the CEQA Guidelines.
Attachments:
PC Resolution No. 99- - Blue Page 5
Exhibit A - Conditions of Approval - Blue Page 8
Exhibits - Blue Page 19
A. Vicinity Map
B. Zoning Map
C. General Plan Map
D. Site Plan
E. Elevations
F. Floor Plans
G. Landscape Plan
H. Color and Material Board
R:\STAFFRPT~82PA99PCStaffRpt. doc
4
ATTACHMENT NO. 1
PC RESOLUTION NO. 99-
R:\STAFFRPT~82PA99PCStaffRpt.doc
5
A'FI'ACHMENT NO. 1
PC RESOLUTION NO. 99-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA99-0082 (DEVELOPMENT PLAN) FOR THE DESIGN,
CONSTRUCTION AND OPERATION OF A 30,690 SQUARE FOOT
TWO-STORY, OFFICE, WAREHOUSE AND MANUFACTURING
BUILDING ON A PARCEL CONTAINING 3.14 ACRES LOCATED
ON THE SOUTHERN TERMINUS OF MADISON AVENUE, AND
KNOWN AS ASSESSOR'S PARCEL NO. 921-282-011.
WHEREAS, Fernando Mesquita, filed Planning Application No. PA99-0082, in accordance
with the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. PA99-0082 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. PA99-0082, on
June 16, 1999, at a duly noticed public hearing as prescribed by law, at which time the City staff
and interested persons had an opportunity to and did testify either in support or in opposition to this
matter;
WHEREAS, at the conclusion of the Commission headng and after due consideration of the
testimony, the Commission approved Planning Application No. PA99-0082;
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 appreving Planning Application No.
PA99-0082 (Development Plan) hereby makes the following findings as required by Section
17.05.010.F of the Temecula Municipal Code;
A. The proposed use is in conformance with the General Plan for Temecula and with
all applicable requirements of State law and other ordinances of the City. The proposed use is a
permitted use in the Service Commercial zoning classification.
B. The overall development of the land is designed for the protection of the public
health, safety and general welfare. The proposed use is in conformance with the General Plan for
Temecula, the Development Code and with all applicable requirements of State law and other
ordinances of the City.
C. The design of the proposed improvements are not likely to cause substantial
environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There
are no fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or
habitat off-site. The project will not individually or cumulatively have an adverse'effect on wildlife
resources, as defined in Section 711.2 of the Fish and Game Code. Furthermore, the site is a
R:\STAFFRPT~82PA99PCStaffRpt.dOC
6
previously graded site. The project will not individually or cumulatively have an adverse effect on
wildlife resources, as defined in Section 711.2 of the Fish and Game Code. A Notice of Exemption
for Planning _Application _No. PA99-0082 was made per the California Environmental Quality Act
(CEQA) Guidelines Section 15332. Section 15332 applies to in-fill development projects that are
less than five (5) acres that are substantially surrounded by urban uses; a project that is consistent
with the applicable general plan designation and all applicable general plan policies as well as with
applicable zoning; a site that has no value as habitat for endangered, rare or threatened species;
and a site that can be adequately served by all required utilities and public services. The subject
site is a previously graded lot, is in an area that does not serve as a mitigation corridor or have
habitat for endangered, rare or threatened species. Therefore, the proposed project is eligible for
a CEQA exemption pursuant to Section 15332 of the CEQA Guidelines.
Section 3. Environmental Compliance. A Notice of Exemption for Planning Application No.
PA99-0082 was made per the California Environmental Quality Act Guidelines Section 15332. This
Section allows exemptions for in-fill development projects that are less than five (5) acres that are
substantially surrounded by urban uses; a project that i.s consistent with the applicable general plan
designation and all applicable general plan policies as well as with applicable zoning; a site that has
no value as habitat for endangered, rare or threatened species; and a site that c~n be adequately
served by all required utilities and public services. The subject site complies with these findings;
therefore the exemption can be applied to this project.
Section 4. Conditions. That the City of Temecula Planning Commission hereby
conditionally approves Planning Application No. PA99-0082 (Development Plan) for the design,
construction and operation of a 30,690 square foot two-story, office, commercial and warehouse
building with associated parking and landscaping on a parcel containing 3.14 acres, and known as
Assessor's Parcel Number 921-282-011, subject to the project specific conditions set forth on
Exhibit A, attached hereto, and incorporated herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED this 16th day of June, 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 16th day of June,
1999 by the following vote of the Commission:
AYES:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
R:\STAFFRPT~82PA99PCStaffRpt.doc
7
EXHIBIT A
CONDITIONS OF APPROVAL
R:\STAFFRP~82PA99PCStaffRpt.dOC
8
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA99-0082 (Development Plan)
Project Description: The design, construction and operation of a 30,6g0 square foot, two-
story, office, commercial and warehouse building with associated parking and landscaping
on a parcel containing 3.14 acres
Development Impact Fee Category: Service Commercial
Assessor°s Parcel No. 921-282-011
Approval Date: June 16, 1999
Expiration Date: June 16, 2001
PLANNING DIVISION
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant 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 Exemption as provided under Public Resources Code Section 21108(b) and
California Code of Regulations Section 15062. If within said forty-eight (48) hour period the
applicant 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 applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, 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 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 15ody 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
action the City deems to be in the best interest of the City and its citizens in regards to such
defense.
This approval shall be used within two (2) years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two (2) year period which is thereafter diligently
R:\STAFFRPT~82PA99PCStaffRpt.doc
9
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
Ther~ shall be no ~utdoor storage of merchandise. All future uses shall 15e consistent with
the Service Commemial (SC) permitted use types. All business shall comply with the
standards of the Development Code relative to storage, loading and unloading of
merchandise.
The development of the premises shall substantially conform to the approved Exhibit "D"
(Site Plan), 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 continued maintenance of all landscaped areas shall
be the responsibility of the developer or any successors in interest.
Building elevations shall substantially conform to the approved Exhibit "E" (Building
Elevations), contained on file with the Community Development Department - Planning
Division. All mechanical and roof equipment shall be screened from public view by
architectural features integrated into the design of the structure.
The colors and materials for this project shall substantially conform to the following list of
approved colors and materials and with Exhibit "H" (Color and Material Board), contained
on file with the Community Development Department - Planning Division. Any deviation
from the approved colors and materials shall require approval of the Planning Manager.
Material Color
Concrete Walls (Primary Color)
Concrete Walls (Secondary Color)
Accent Trim Color
Parapet Trim Color
Glazing
Frazee 775 W 'Beach Grass'
Frazee 8723M 'Desert Tumbleweed'
Frazee 8595 'Elm Court'
Frazee 8720 'Pongee Tint'
Bronze Vision Glass/Clear
Prior to the Issuance of Grading Permits
The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal
Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by
providing documented evidence that the fees have already been paid.
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.
10. The applicant shall revise Exhibits "D, E, F, G, H" , (Site Plan, Elevations, Floor Plans,
Landscape Plan, 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 and two (2) 8" X 10" glossy photographic color prints of
R:\STAFFRPT~82PA99PCStaffRpt.doc
10
approved Exhibit "H" (Color and Materials Board) and of the colored version of appr0ved
Exhibit "E", the colored architectural elevations to the Community Development Department
- Planning Division_ for their flies. All labels on the Color and Materials Board and Elevations
shall be readable on the photographic prints.
11.
The applicant shall submit to the Community Development Department - Planning Division
for permanent filing two (2) 8" X 10" glossy photographic color prints of approved Exhibit
"H" (Color and Materials Board) and of the colored version of approved Exhibit "E", the
colored architectural elevations. All labels on the Color and Materials Board and Elevations
shall be readable on the photographic prints.
Prior to the Issuance of Building Permits
12. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule.
13.
Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the
Community Development Department - Planning Division for approval. These plans shall
conform substantially with the approved Exhibit "E", or as amended by these conditions.
The location, number, genus, species, and container size of the plants shall be shown. The
plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify
the total square footage of the landscaped area for the site. The plans shall be
accompanied by the following items:
a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal).
b. One (1) copy of the approved grading plan.
Water usage calculations per Chapter 17.32 of the Development Code (Water
Efficient Ordinance).
Total cost estimate of plantings and irrigation (in accordance with the approved
plan).
Prior to the Issuance of Occupancy Permits
14.
The applicant shall submit a comprehensive sign program that shall be approved by the
Planning Manager. All signage shall be of similar size, colors and materials to achieve
consistency and continuity of signage.
15.
A separate building permit shall be required for all signage. All signage shall comply with
the approved sign program.
16.
All required landscape planting and irrigation shall have been installed consistent with the
approved construction plans and shall be in a condition acceptable to the Planning
Manager. The plants shaII be healthy and free of weeds, disease, or pests. The irrigation
system shall be properly constructed and in good working order.
17.
Performance securities, in amounts to be determined by the Planning Manager, to
guarantee the maintenance of the plantings, in accordance with the approved construction
landscape and irrigation plan, shall be filed with the Community Development Department
- Planning Division for one year from final certificate of occupancy. After that year, if the
R:\STAFFRPT~82PA99PCStaffRpt.doc
11
landscaping and irrigation system have been maintained in a condition satisfactory to the
Planning Manager, the bond shall be released.
18.
Each parking space reserved for the handicapped shall be identified by a permanently
affixed refiectorized sign constructed of porcelain on steel, beaded text or'equal, displaying
the International Symbol of Accessibility. The sign shall not be smaller than 70 square
inches in area and shall be centered at the interior end of the parking space at a minimum
height if 80 inches from the bottom of the sign to the parking space finished grade, or
centered at a minimum height'of 36 inches from the parking space finished grade, ground,
or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the
off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously
stating the following:
"Unauthorized vehicles parked in designated accessible spaces not
displaying distinguishing placards or license plates issued for
persons with disabilities may be towed away at owner's expense.
Towed vehicles may be reclaimed by telephoning 909 696-3000."
In addition to the above requirements. the surface of each parking place shall have a
surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3
square feet in size.
19.
All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
PUBLIC WORKS DEPARTMENT
20. Unless otherwise noted, all conditions shall be completed by the Developer at no cost to
any Government Agency. It is understood that the Developer correctly shows on the site
plan all existing and proposed property lines, easements, traveled ways, improvement
constraints and drainage courses, and their omission may require the project to be
resubmitted for further review and revision.
General Requirements
21. A Grading Permit for either rough and/or precise grading, including all on-site fiat work and
improvements, shall be obtained from the Department of Public Works prior to
commencement of any construction outside of the City-maintained street right-of-way.
22. All improvement plans and grading plans shall be coordinated for consistehcy with adjacent
projects and existing improvements contiguous to the site and shall be submitted on
standard 24" x 36" City of Temecula mylars.
Prior to Issuance of a Grading Permit
23. A permit from Riverside County Flood Control and Water Conservation District is required
for any work within their right-of-way.
24. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and
approved by the Department of Public Works. The grading plan shall include all necessary
erosion control measures needed to adequately protect adjacent public and private
property.
R:\STAFFRPT~82PA99PCStaffRpt.dOC
25. The Developer shall post security and enter into an agreement guaranteeing the grading
and erosion control improvements in conformance with applicable City Standards and
subject to approval by the Department of Public Works.
26. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the
Director of the Department of Public Works with the initial grading plan check. The report
shall address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and pavement sections.
27. The Developer shall have a 'Drainage Study prepared by a registered Civil Engineer in
accordance with City Standards identifying storm water runoff expected from this site and
upstream of this site. The study shall identify all existing or proposed public or private
drainage facilities intended to discharge this runoff. The study shall also analyze and
identify impacts to downstream properties and provide specific recommendations to protect
the properties and mitigate any impacts. Any upgrading or upsizing of downstream
facilities, including acquisition of drainage or access easements necessary to make
required improvements, shall be provided by the Developer.
28. Emergency surface overflow shall be provided from the existing catch basin in Madison
Avenue to an adequate outlet. The emergency overflow shall be designed to convey the
tributary 100-year storm flow.
29. The Developer must comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) permit from the State Water Resources Control Board. No
grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the
project is shown to be exempt.
30. As deemed necessary by the Director of the Department of Public Works, the Developer
shall receive written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Riverside County Flood Control and Water Conservation District
c. Planning Department
d. Department of Public Works
31. The Developer shall comply with all constraints which may be shown upon an
Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the
subject property.
32. Permanent landscape and irrigation plans shall be submitted to the Planning Department
and the Department of Public Works for review and approval.
33. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's check
or money order, prior to issuance of permits, based on the prevailing area drainage plan
fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this
property, no new charge needs to be paid.
34. The Developer shall obtain any necessary letters of approval or slope easements for off-site
work performed on adjacent properties as directed by the Department of Public Works.
Prior to Issuance of a Building Permit
35. Precise grading plans shall conform to applicable City of Temecula Standards subject to
approval by the Director of the Department of Public Works. The following design criteria
shall be observed:
R:\STAFFRPT~82PA99PCStaffRpt. doc
13
a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C,
paving.
b. Drivewaysshall conform to the applicable City of Temecula Standard No. 207A.
c. Concrete sidewalks and ramps shall be constructed along public street frontages
in accordance with City of Temecula Standard Nos. 400. 401and. 402.
d. All street and driveway centerline intersections shall be at 90 degrees.
e. All concentrated drainage directed towards the public street shall be conveyed
through undersidewalk drains.
36. The building pad shall be certified to have been substantially constructed in accordance with
the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer
shall issue a Final Soil Report addressing compaction and site conditions.
37. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and
all Resolutions implementing Chapter 15.06.
Prior to Issuance of a Certificate of Occupancy
38. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
39. All public improvements shall be constructed and completed per the approved plans and
City standards to the satisfaction of the Director of the Department of Public Works.
40. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall
be repaired or removed and replaced to the satisfaction of the Director of the Department
of Public Works.
BUILDING AND SAFETY DEPARTMENT
41.
Comply with applicable provisions of the 1994 edition of the California Building, Plumbing
and Mechanical Codes; 1993 National Electrical Code; California Administrative Code, Title
24 Energy and Disabled Access Regulations and the Temecula Municipal Code.
42.
Submit at time of plan review, a complete exterior site lighting plans showing compliance
with Ordinance No. 655 for the regulation of light pollution. All street-lights and other
outdoor lighting shall be shown on electrical plans submitted to the Department of Building
and Safety. Any outside lighting shall be hooded and directed so as not to shine directly
upon adjoining property or public rights-of-way.
43.
A receipt or clearance letter from the Temecula Valley School District shall be submitted
to the Building & Safety Department to ensure the payment or exemption from School
Mitigation Fees.
44.
Obtain all building plans and permit approvals prior to commencement of any construction
work.
R:\STAFFRPT~82PAggPCStaffRpt.doc
14
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
The Occupancy classification of the proposed buildings shall be M. Wholesale and Retail
Sales only will be allowed within the building.
Obtain street addressing for all proposed buildings prior to submittal for plan review.
All building and facilities must comply with applicable disabled access regulations. Provide
all details on plans. (California Disabled Access Regulations effective April 1, 1998)
Provide disabled access from the public way to the main entrance of the building.
Provide van accessible parking located as close as possible to the main entry.
Show path of accessibility from parking to furthest point of improvement.
Provide house electrical meter provisions for power for the operation of exterior lighting, fire
alarm systems.
Restroom fixtures, number and type, to be in accordance with the provisions of the 1994
edition of the Uniform Plumbing Code, Appendix C.
Provide an approved automatic fire sprinkler system.
Provide appropriate stamp of a registered professional with original signature on plans
submitted for plan review.
Provide electrical plan including load calculations and panel schedule. plumbing schematic
and mechanical plan for plan review.
Truss calculations that are stamped by the engineer of record and the truss manufacturer
engineer are required for plan review submittal.
Provide precise grading plan for plan check submittal to check for handicap accessibility.
A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
Trash enclosures, patio covers, light standard and any block walls if not on the approved
building plans, will require separate approvals and permits.
FIRE DEPARTMENT
The following are the Fire Department Conditions of Approval for this project.
All questions
regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau.
60.
Final fire and life safety conditions will be addressed when building plans are reviewed by
the Fire Prevention Bureau. These conditions will be based on occupancy, use, the Uniform
Building Code (UBC), Uniform Fire Code (UFC), and related codes which are in force at the
time of building plan submittal.
61.
The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per UFC Appendix Ill.A, Table A-Ill-A-1. The
developer shall provide for this project, a water system capable of delivering 1500 GPM at
R:\STAFFRP'R82PA99PCStaffRpt,doc
15
20 PSi residual operating pressure, plus an assumed sprinkler demand of 850 GPM :~or a
total fire flow of 2350 GPM with a 2 hour duration. The required fire flow may be adjusted
during the approval process to reflect changes in design, construction type, or automatic
fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as
given above has taken into account all information as provided. (UFC 903.2, Appendix
Ill.A)
62.
The Fire Prevention Bureau is required to set minimum fire hydrant distances per UFC
Appendix Ill.B, Table A-Ill-B-1. A combination of on-site and off-site super fire hydrants (6"
x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent
public streets. Hydrants shall be spaced at 500 feet apart and shall be located no more than
250 feet from any point on the street or Fire Department access road(s) frontage to a
hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the
system. The upgrade of existing fire hydrants may be required. (UFC 903.2, 903.4.2, and
Appendix Ill-B)
63.
As required by the Uniform Fire Code, when any portion of the building(s) is in excess of
150 feet from a water supply on a public street, on site fire hydrants are required. For this
project on site fire hydrants are required. (UFC 903.2)
64.
Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cup
de-sac shall be fody-five (45) feet. (UFC 902.2.2.2.3 and Ord 460)
65.
If construction is phased, each phase shall provide approved access and fire protection
prior to any building construction. (UFC 8704.2 and 902.2.2)
66.
Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent roads
are installed. Temporary Fire Department access roads shall be an all weather surface for
70,000 Ibs GV~/. (UFC 8704.2 and 902.2.2.2)
67.
Prior to building final, all locations where structures are to be built shall have appreved Fire
Department vehicle access roads to within 150 feet to any portion of the facility or any
portion of an exterior wall of the building(s). Fire Department access reads shall be an all
weather surface designed for 70,000 Ibs. GVVV with a minimum AC thickness of .25 feet.
( UFC sec 902 and Ord 95-15)
68.
Fire Department vehicle access roads shall have an unobstructed width of not Iess than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches. (UFC 902.2.2.1 and Ord 95-15)
69.
Prior to building construction, dead end road ways and streets in exces~ of one hundred
and fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus. (UFC 902.2.2.4)
70.
Prior to issuance of building permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be:
signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature
block; and conform to hydrant type, location, spacing and minimum fire flow standards.
After the plans are signed by the local water company, the originals shall be presented to
the Fire Prevention Bureau for signatures. The required water system including fire
hydrants shall be installed and accepted by the appropriate water agency prior to any
R:\STAFFRPT~82PA99PCStaffRpt.doc
16
combustible building materials being placed on an individual lot. (UFC 8704.3, 901.2:2.2
and National Fire Protection Association 24 1~4.1)
71.
Prior to issuance ~f a Certificate of Occupancy or building final, "Blue Reflective Markers"
shall be installed to identify fire hydrant locations. (UFC 901.4.3)
72.
Prior to issuance of a Certificate of Occupancy or building final, all commercial buildings
shall display street numbers in a prominent location on the street side of the building. The
numerals shall be minimum twelve (12) inches in height for buildings and'six (6) inches for
suite identification on a contrasting background. In strip centers, businesses shall post the
suite address on the rear door(s). (UFC 901.4.4 and Ord 95-15)
73.
Prior to issuance of Certificate of Occupancy or building final, based on square footage and
type of construction, occupancy or use, the developer shall install a fire sprinkler system.
Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to
installation. (UFC Article 10, UBC Chapter 9 and Ord 95-15)
74.
Prior to issuance of Certificate of Occupancy or building final, based on a requirement for
monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm
system monitored by an approved Underwriters Laboratory listed central station. Plans
shall be submitted to the Fire Prevention Bureau for approval prior to installation. (UFC
Article 10)
75.
Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be
provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be
located to the right side of the main entrance door. The Knox-Box shall 5e supervised by
the alarm system. (UFC 902.4)
76.
All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
System for emergency access by firefighting personnel. (UFC 902.4)
77.
Prior to the building final, speculative buildings capable of housing high-piled combustible
stock, shall be designed with the following fire protection and life safety features: an
automatic fire sprinkler system(s) designed for a specific commodity class and storage
arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department
access doors and Fire department access roads. Buildings housing high-piled combustible
stock shall comply with the provisions Uniform Fire Code Article 81 and all applicable
National Fire Protection Association standards. (UFC Article 81)
OTHER AGENCIES
78.
The applicant shall comply with the recommendations set forth in the Cobnty of Riverside
Department of Environmental Health's transmittal dated March 22, 1999, a copy of which
is attached.
79.
The applicant shall comply with the recommendations set forth in the Rancho California
Water District transmittal dated March 17, 1999, a copy of which is attached.
80. The applicant shall comply with the recommendations set forth in the Riverside County
Flood Control and water Conservation District transmittal dated March 25, 1999, a copy of
which is attached.
R:\STAFFRPT~82PA99PCStaffRpt.dOC
17
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 Name
R:\STAFFRPT~82PA99PCStaffRpt.doc
18
Rancho
Water
March 17.1999
Patty Anders, Case Planner
City of Temecula
Planning Department
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
SUBJECT:
WATER AVAILABILITY
PARCEL NO. 5 OF PARCEL MAP NO. 23561-1
APN 910-282-011
PLANNING APPLICATION NO. PA99-0082
Dear Ms. Anders:
Please be advised that the above-referenced property is located within
the boundaries of Rancho California Water District (RCWD). Water
service, therefore, would be available upon completion of financial
arrangements between RCWD and the property owner.
If fire protection is required, the customer will need to contact RCWD for
fees and requirements.
Water availability would be contingent upon the property owner signing
an Agency Agreement which assigns water management rights, if any, to
RCWD.
If you have any questions, please contact an Engineering Services
Representative at this office.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
Steve Brannon, P.E.
Development Engineering Manager
99~SB:mc068~F012-T1 ~FCF
c: Laurie Williarns. Engineering Services Supervisor
March ZZ, 1~ 10:67am -- From '~5, '~3' -- Page zl
83/22/1999 18:37 955R' CA(; PAGE 02/02
COUNTY OF RIVERSIDE
DEPARTMENT OF ENVIRO~AL HEALTH
DATE: March 22, 1999
TO:
FROM:
RE:
CITY OF TEMECULA PLANNING DEPARTMENT
: Patty Anders, Assistant Planner
~dZ'~S~3N, Environmental Health Specialist
PLOT PLAN NO. PA99-0082
I. The Department of Environmental Health has r~viewed the Plot Plan No. PA99-0082 and has no
objections. Sanitary sewer and water services may be available in this area_
2. PRIOR TO ANY PLAN CHECK SUBMITTAL for health clearance, the following it~ns are
required:
a) "Will-serve" letters from the appropriate water and sewering agencies.
b) Three complete sets of plans for each food establishment will be submittexi, including a fixture
schedule, a finish schedule, and a plumbing schedule in order to ensure eompliance with the
California Uniform Retail Food Facilities Law. For specific reference, please contact Food
Facility Plan examiners at (909) 694-5022.
c) A clearance letter from the Hazmdous Services Materials Management Branch (909) 694-5055
will be required indicating that the lnojeet has been cleared for:
* Underground storage tanks, Ordinance
* I4aTardous Waste Generator Services, Otdinance#615.3.
* Hanrdous Waste Disclosure (in accordance with (3rainsnee #651.2).
* Waste reduction management.
3. Waste Regulation Branch (Waste Collection/LEA).
CH:dr
(909) 955-8980
NOTE:
Any currant additional requirements not covered, can be applicable at time of Building
Plan review for final Depa~haent of Environmental Health clearance.
cc: Doug Thompson
DAVID F. ZAI~PL
General Manager-Chief Engineer
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
City of Temecula
n
Temecula, California 92589-9033
1995 MARKET STREET
RIVERSIDE, CA 92501
909/955-1200
909/788-9965 FAX
511801
A.e.tion: PArr
Ladies and GentlemeZ '
The D strict does not normally recommend conditions for land divisions or other land use cases in incorporated
cities. The District also does not Ion check cih' land use cases, or provide State Division of Real Estate letters or
other flood hazard reports for suchp cases. Disthct comments/ecommendations for such cases are normally limited
to items of specific ~nterest to the District including District Master Draina e Plan facilities, other re ional flood
~ r n
control and draina e facilities which could be considered a logical componenPor exte sion of a master ~n s stem,
and District Area I~rainage Plan fees (development mitigaron fees). In addition, information of a general ns"¥usre is
provided.
The Distdct has not reviewed the proposed projoct in detail and the following checked comments do not in any way
constitute or imply District approval or endorsement of the proposed project With respect to flood hazard, public
health and safety or any other such issue:
Z This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of
regional roterest proposed.
This project involves District Master Plan facilities, The District will acce t ownership of such facilities on
written request of the City. Facilities must be constructed to District stan~::P~rds, and District plan check and
inspection will be required for Distsiet 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 Io ical extension of the adopted
Master Drainage Plan. The District would] consider accepting ownership of such tacflmes on wntten request
of the 0 ty. 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 is located Within the limits of the District's Jv'/RR~;TP, C.R~.~K 5~N/'ft (~'~'T~,ruePds I/P.u-e~f
whichever comes first. Fees to be paid should be at the rate in elffect at the time of issuance of~lhe actual
permit.
GENERAL INFORMATION
Cib/has determined that the project. has been granted a permi. or is shown to be exempt.
If this pro'ect involves a Federal Emergency Management Agency (FEMA) mapped flood plain, then the Ci should
require t~e applicant to provide all studies, calculations, plans and other reformation re_quired to me~ FEMA
requirements and should further require that the applicant obtain a Conditional Letter of Map Revision CLOMR)
prior to grading, recordat on or other fina approval of the project, and a Letter of Map Revision (LOMRI pdor to
occupancy.
f a natural watercourse or mapped flood plain is im acted by this project, the City should require the a ticant to
obtain a Section 1601/1603 Agreement from the Cai~grnia Department of Fish and Game and a Clean P~ater Act
Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence rom these a encies
ind cating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quail Cer~cation
may be required from the local California Regional Water Quality Control Board pdor to issua:ce of ~e Co~ps 404
permit.
.Very truly yours, c '~_ ~ ~ '
"~'T'dART E. MCK BBIN
Senior Civil Engineer
ATTACHMENT NO. 2
EXHIBITS
R:\STAFFRPT~82PA99PCStaffRpt.doc
19
CITY OF TEMECULA
VICINITY MAP
NO ~::::ALE
THCt'IA5 EH~OTHER.5
P~r_..-E 125, GRID CI.
NG~T~
CASE NO. 99-0082
EXHIBIT - A
PLANNING COMMISSION DATE - June 16, 1999
VICINITY MAP
F~ \STAFFRPT~82PA99PCStaffRpt.dOC
CITY OF TEMECULA
j
EXHIBIT B - ZONING MAP
DESIGNATION - SC (Service Commercial
BP
BP
BP
CC
CC
r'
EXHIBIT C - GENERAL PLAN
DESIGNATION - SC (Service Commercial)
CASE NO. 99-0082
PLANNING COMMISSION DATE - June 16, 1999
R/STAFFRPT\82PA99PCStaffRpt doc
CITY OF TEMECULA
PROPOnD BUILDING
MADISON AVENUE
PROJECT DATA
CASE NO. 99-0082
EXHIBIT- D
PLANNING COMMISSION DATE- June 16, 1999
SITE PLAN
R\STAFFRPT~82PA99PCStaffRpt,doc
CITY OF TEMECULA
CASE NO. 99-0082
EXHIBIT- E
PLANNING COMMISSION DATE - June 16, 1999
ELEVATIONS
R:\STAFFRPT~82PA99PCStaffRpt.dOC
CITY OF TEMECULA
CASE NO. 99-0082
EXHIBIT- E
PLANNING COMMISSION DATE - June 16, 1999
ELEVATIONS
R:\STAFFRPT%82PA99PCStaffRpt.dOC
CITY OF TEMECULA
CASE NO. 99-0082
EXHIBIT - F
PLANNING COMMISSION DATE - June 16, 1999
FLOOR PLAN
R:%STAFFRPT~82PA99PCStaffRpt.dOC
CITY OF TEMECULA
CASE NO. 99-0082
EXHIBIT - G
PLANNING COMMISSION DATE- June 16, 1999
LANDSCAPEPLAN
R:\STAFFRPT',82PA99PCStaffRpt.cJoC
ITEM #8
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
June 16, 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:
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
Temecu~a's Subdivision Ordinance, Title 16 of the
Development Code
APPLICATION INFORMATION
APPLICANT:
City of Temecula
REPRESENTATIVE:
N/A
PROPOSAL:
An Ordinance pertaining to the subdivision, recon~guration
and/or consolidation of land within the City of Temecula
LOCATION: City Wide
CASE STATUS:
The ordinance was presented to the Planning Commission on May 19, 1999, at which time the
Commission heard testimony from Larry Markham regarding three items in the ordinance. The
Commission continued the case to June 16, 1999 in order to examine the proposed ordinance in
greater depth and to aIIow staff an opportunity to respond to questions raised during the public
testimony.
ANALYSIS:
One member of the pubic questioned some of the development standards of the new ordinance
regarding:
Maximum cul-de-sac length
The number of access points for a subdivision
Clarification of a standard for lot arrangement and size.
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS%SubdiviSiOn ord~staff report case status 6-16.doc
Maximum CuI-De-Sac Lenclth
The new ordinance proposes to institute a new standard maximum cul-de-sac length reduced from
the existing 1320 feet to 600 feet. The current standard in Ordinance 460 was originally adopted
to provide the latitude necessary for a large rural county. However, staff feels that this very long
cul-de-sac length is unnecessary in a city's dense urban core and that shortening the cul-de-sac
length will also benefit emergency ingress and egress. The comparison table below illustrates the
maximum cul-de-sac lengths from various jurisdictions within southern California and one from
Mesa, Arizona. The table clearly shows that a maximum cul-de-sac of 600 feet is normal for cities
in southern California and not the exception. In addition, this concern was not raised as an issue
by the Temecula Coordinating Committee during the review period.
A Comparison Of Maximum CuI-De-Sac Lengths From Various Jurisdictions
Maximum
Jurisdiction
Length
660'
Riverside County, CA
1320'
La Quinta, CA 660'
Norco, CA 600'
Hemet, CA 660'
Lake Elsinore, CA 600'
Perris, CA 600'
700'
Santa Clarita, CA
1000'
Mesa, AZ 400'
Comments
High Fire Hazard Areas of the County
Non constrained areas of the unincorporated County
N/A
N/A
Except when special conditions might justify a greater
or lesser length.
Unless approved by the City Council.
N/A
4 or more dwelling units per acre.
4 or less dwelling units per acre.
N/A
Subdivision Access Points
The second public testimony comment questioned the requirement for two points of access to a
new subdivision if the design is for thirty-five or more lots. The number of access points to a
subdivision is critical to public safety. The need to rapidly enter or leave an area may be necessary
during and emergency, moreover, dual access guarantees that at least one point of entry is
available should one point be rendered impassable. The current Riverside County policy is two
points of access to a publicly maintained right-of-way if there are 35 or more lot. Staff confirmed
this with Riverside County Fire Marshall Howard Windsor and a former Riverside County Planning
Commissioner. This section of the new ordinance codifies the policy that has been in existence
for two decades in the county.
Lot Size and Arranaement
The last comment was directed at the requirement that lot sizes and arrangements be compatible
with the surrounding area. This requirement applies to new land divisions and is necessary to
insure consistency with the surrounding area. Consistency is regarded, as establishing a sense of
~\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~subdivisiOn ord~staff report case status 6-16,doc 2
order and organization to what otherwise might be perceived as disjointed or haphazard
development, Linking new development to the predominant design configuration guarantees
consistency and therefore a project that has merit in the community.
Community Services District amendments
The Temecula Community Services District (TCSD) has requested some changes to the ordinance
regarding aspects that involve landscaping in TCSD maintenance areas, standards for usable
acreage for parkland, and determining fair market value for parkland dedication. The memo
requesting the changes is appended to this report.
Conclusion:
Staff continues to recommend that the Commission recommend to the City Council that they adopt
the proposed ordinance.
Attachments:
2.
3.
4.
5.
Ordinance No. 99- - Blue Page 4
Resolution No. 99- - Blue Page 6
Initial Study - Blue Page 8
Planning Commission Staff Report Dated May 19, 1999 - Blue Page 24
TCSD Memo Dated June 3, 1999 - Blue Page 25
R:\BROWNS~subdivision ord~staff report case status 6-16.doc
3
ATTACHMENT NO. 1
ORDINANCE NO. 99-
SUBDIVISION ORDINANCE, TITLE 16.00
\\TEMEC_FS201\DATA\DEPTS\PLANNJNG\BROWNS~SubdiviSion ord~staff report case status 6-16.doc
4
City of Temecula
Subdivision Ordinance
Title 16.00
16.01 GENERAL PROVISIONS .............................................................................................................5
16.01.020 Authority ....... ,~. .........................................................................................................................5
16,01.040 Purpose ..............................................~ .....................................................................................5
16.01.060 Scope/Applicability ...................................................................................................................5
16.01.080 Exceptions ...............................................................................................................................5
16.01. 100 Review end 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
16.03.040 Lots ..........................................................................................................................................9
16.03.060Access to Lots .......................................................................................................................10
16.06 STANDARDS OF LAND DIVISION ............................................................................................... 11
16.06.020 Standards of Land Division ....................................................................................................1
16.09 GENERAL TENTATIVE MAP PROCEDURES .............................................................................. 11
16.09.020 General ..................................................................................................................................
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
16.09.160Appeals ..................................................................................................................................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 ....................................................... 16
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 ........................................................................................................17
16.15 TENTATIVE PARCEL MAP PROCEDURES FOR FOUR (4) OR FEWER PARCELS ................. 17
16.15.020 General ..................................................................................................................................17
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~subdivision ord\ordinance text,doc 1
16.15. 040 Approval or Disapproval of Tentative Parcel Maps ................................................................ 17
16.15. 080 Revised Tentative Pamel Maps .............................................................................................17
16.15. 100 Waivers of Fifial Parcel Map ..................................................................................................18
16.18 VESTING TENTATIVE MAPS ........................................................................................................19
16. 18.020 Purpose .................................................................: ................................................................19
16. 18,040 Appficability ............................................................................................................................19
16. 18,060 Filing and Processing of Vesting Tentative Maps .................................................................. 19
16.18.080 App~cation 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
16.21.020 Applicability ............................................................................................................................21
16.21.040 Development Review Required ............................................................................................. 21
16.21.060 Application Requirements ......................................................................................................21
16. 21.080 Physical Standards for Condominium Con versions ............................................................... 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 Counc~ ........................................................................ 29
16,24. 120 Limitation on Map Denial by the City Counc~ ........................................................................ 29
16. 24.140 Filing with the Off.ice 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 Amendment. .........................................................................................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
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~subdivision ord\ordinance text. doc
2
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 Irapro vements Required ........................................................................................................34
16.30.060 Deferred Improvements .........................................................................................................34
16.30.080 Design of Improvement Plans and Standards ....................................................................... 35
16.30. 100 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 Appficability ............................................................................................................................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 ................................... L ..................................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 ..................................................................................................................45
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 ...................................................................................... 46
16.39.020 Purpose .....................................................: ............; ...............................................................46
16.39.040 When Parcels May Be Merged ..............................................................................................46
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~subdivision ord\ordinance text.doc
3
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 ...................................................................................................................49
16.42 REVERSION TO ACREAGE ..........................................................................................................49
16.42.020 General ..................................................................................................................................49
~ 6. 42. 040 Initiation of Proceedings .........................................................................................................49
16. 42. 060 Filing of Re version to Acreage ......................................................................: ........................49
16. 42. 080 Submittal of Petition to Director .............................................................................................50
16.42. 100 City Council Approval .............................................................................................................50
16.42. 120 Filing With The County Recorder ..............................................: ............................................50
16.45 CERTIFICATE OF LAND DIVISION COMPLIANCE .....................................................................51
16.45.020 Purpose ..................................................................................................................................51
16,45.040 Applicability ............................................................................................................................51
16.45.060 Filing Procedures ...................................................................................................................51
16.45.080 Review and Processing Procedures ......................................................................................5~
16.51 TRADITIONAL NEIGHBORHOOD DEVELOPMENT-SUBDIVISION STANDARDS ................... 52
16.51.020 Purpose .........................................................................................................v .......................52
16.51.040 Street and Lot Layout Requirements .....................................................................................52
16.51.060 Street Right-of-Way Standards ..............................................................................................54
16.54 DEFINITIONS OF TERMS .............................................................................................................55
16.57 ENFORCEMENT ............................................................................................................................56
16. 57. 020 Prohibition ..............................................................................................................................56
16.57.040 Remedies ................................................................~ ..............................................................57
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~SUbdiViSiOn ord\ordinance text.doc
4
16.01 GENERAL PROVISIONS
16.01.020 Authority
This Title is adopted pursuant to Article XI, Section 7 of the California Constitution to supplement
and implement the California 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 ~f 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/Appficability
This Title shall apply to any division of land within the City of Temecula and shall control the
preparation, processing and approvat 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.
f6.01.080 Exceptions
This title shall not apply to:
A. The financing or leasing of apartments, offices, stores or similar space within apartment
buildings, industrial buildings, 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 industrial buildings on a single parcel, unless the project is
not subject review under other City ordinances regulating design and improvement;
R:\BROWNS~subdivision ord\ordinance text,doc
5
The financing .or leasing of existing separate commercial or industrial buildings on a single
parcel;
The ~onstruction7 financing or leasing of dwelling units pursuant to Section 65852.1 or
second units pursuant to Section 65852.2 of the California 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
APPROVALAUTHORITY
Tentative Maps
City Staff
Other Responsible Agencies
Planning Commission
Vesting Tentative Maps
Tentative Parcel Maps
Tentative Map Extensions
Final Parcel Maps
City Staff
Other Responsible Agencies
City Staff
Other Responsible Agencies
City Staff
Other Responsible Agencies
City Staff
Other Responsible Agencies
Planning Commission
Director Hearing
Director Hearin~
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
R:\BROWNS~subdivision ord\ordinance text.doc
6
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 reso.lution 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
f 6.03.020 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 readway 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 cuPde-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 require 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 require 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.
R:\BROWNS~subdivision ord\ordinance text.doc
7
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 s_treets may be used with the approval and consent of the Planning
Commission when the 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 dep. arture from the
established minimum or maximum grade.
Street alignment:
Curves in streets shall have as large a centerline 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 centerline 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 centedine radius for other types of streets shall be compatible with
the street classification and anticipated usage.
Intersections:
All street intersections shall be as near right angles as possible with a minimum
angle of seventy-five degrees.
Street-to-street centerline 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 intersections at intervals of not less than
five hundred feet.
R:\BROWNS\subdivision ord\orcJinance text.doc
8
Alleys
1.
Alleys sha_ll 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 fronting 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 turning 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 turn-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 pattern 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 injury to adjoining property
Lot sizes and arrangement shall be compatible with lots in the surrounding area.
C. Side lot lines:
Sidelines of lots shall be at approximately right 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.
R:\BROWNS~subdivision oral\ordinance text,doc
9
Lot frontage:
All lots sh+all have frontage upon a public or private 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 city, county, school district 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 different length.
16.03.060 Access to Lots
B,
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) fronting 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)
R:\BROWNS%subdivision ord\ordinance text.doc
10
Required Improvement of Access:
Access Surfacing. Prior to final inspection for occupancy of any building or
structure relocated, erected or constructed on any lot not fr. onting directly on
a public street or highway, the full length of any required access shall be
improved with concrete or asphaltic concrete surfacing, in accordance with
city engineering standards and requirements, for a width as provided herein:
0).
(u).
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 specific plan, the Development Code, 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 supportidg 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 clearly 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.
R:\BROWNS\subdivision ord\ordinance text.dec
11
The Director may require other drawings, data, reports, or information deemed necessary to
accomplish the purposes of the Subdivision Map Act, the California Environmental Quality Act and
this Title.
A conceptual landscape master plan (CLMP) shall be prepared which delineates proposed
landscape Improvements to include parks, paseos, trails, open space, parkways, medians,
common areas and slopes. CLMP to be prepared at a scale suitable to show in detail all proposed
improvements in conceptual form. Sections should be provided as needed to provide additional
detail.
Vesting tentative maps shall conform to Chapter 16.18 of this Title.
6.09.060 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 PIanning 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.
16.09.100 Tentative Map Review and Distribution Procedures
The review and distribution procedures for Tentative map applications flied with the Director shall
be as follows:
Environmental review - After an application has been determined to be complete an initial
study of the project's 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 of the 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.
R:\BROWNS\subdivision ord\ordinance text.doc
12
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 a_ffected 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
Public hearing and notification - Public hearing notification shall take pla.ce 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.
The time flames noted above may be extended as provided by prevailing statutory law or
court decisions.
C,
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 approvat 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 avoidably
injure fish or wildlife or their habitat; or
R:\BROWNS~subdivision ord\ordinance text.doc
13
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;
The design of the subdivision and the type of improvements are not likely to cause serious
public health problems;
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 applica{ion 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,
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.
R:\BROWNS\subdivision ord\ordinance text.doc
14
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 ma~v 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.
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 th.e 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 original 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.
R:\BROWNS~subdivision ord\ordinance text.doc
15
16.09.240 Effect of Annexation on Tentative and Final Tract Maps
Wheo 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.
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
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 bf 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 prior 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
16.12.020 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 t~nder 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 an.y 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.
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.
R:\BROWNS~subdivision ord\ordinance text.doc
16
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.
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.
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 Government
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, pursuant to section 17.03.090 of the Development Code.
16.15.080 Revised Tentative Parcel Maps
Any revised tentative Parcel map or podion 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.
R:\BROWNS\subdivision ord\ordinance text.doc
17
15. 100 Waivers of Final Parcel Map
The requirementsfor 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:
Division of real property or interests therein created by probate, eminent domain
procedures, partition, or other civil judgments or decreases.
Division of property which has been merged pursuant to this Title, the Subdivision
Map Act or any prior ordinance of the City; or
Any other division of property which would otherwise require a parcel map.
In order for the requirement for a parcel map to be waived, a written 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 criteria 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 Government 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 Cdunty 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.
R:\BROWNS~subdivision oral\ordinance text.doc
18
Actions by the Advisor,/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.
16.18 VESTING TENTATIVE MAPS
16.18.020 Purpose
The purpose of this Chapter is to establish procedures for the review, approval and administration
of vesting tentative maps.
f 6.18.040 App~cability
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 same 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.
R:\BROWNS~subdivision ord\ordinance text.doc
The above notwithstanding, a permit, approval, extension, or entitlemeht may be made
conditional or may be denied if any of the following are determined:
19
Failure to do so would place the residents of the subdivision or the imme~diate
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.
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 periods 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 recordation 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 period 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 thirty days, and provided further that such extensions shall not
be cumulative.
If, during the two-year period 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.
R:\BROWNS\subdivision ord\ordinance text.doc
20
16.18. f60 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 hearing 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 prior 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 Application Requirements
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 df 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 facilities,
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
R:\BROWNS~subdivision ord\ordinance text.doc
21
replacing said element; and any variation 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 identify 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 repairs 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 metering.
Specific information concerning 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 during 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 price 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.
R:\BROWNS~subdivision ord\ordinance text.doc
22
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. Prior to entering 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 Homeowner's Association;
Actual sales price of units;
Actual Homeowner's 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 i~ in conformance
with the Municipal Code, the following will be required:
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.
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
R:\BROWNS%subdivision oral\ordinance text.doc
23
tentative map and conditional 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.
Specific physical standards. The Planning Commission shall require conformance with the
standards of this subsection in approving 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 stru.cture
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 mechanical 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 sharing 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 private 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 facilities. 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
R:\BROWNS%subdivision oral\ordinance text. doc
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.
10. Condition of equipment and appliance. The developer shall provide a warranty to
the buyer of each unit at the'close 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, chlorinator) 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. Prior to final map approval, the developer shall
provide the City with a copy of Warranty Insurance covering equipment and
appliances pursuant to this Subsection.
11. 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.
12. Long term reserves. Prior 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 shaft 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
B,
Notice of Intent. As provided in Government Code 66427.1(a), a Notice of Intent to Conver~
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 rights provided under this Chapter and State law.
Notice of Public Report. As provided in Govemment Code Section 66427.1(a), each tenant
shall received ten (10) days written notice that an application for a public repod 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.
R:\BROWNSxsubdivision oral\ordinance text.doc
25
C,
-D.
Notice of Final Map Approval. As provided in Government Code Section 66427.1(b), each
tenant shall receive written notification within ten (10) days of approval of a final map for the
proposed conver_sion. 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 right 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 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 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 writing 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)
R:\BROWNS~subdivision ord\ordinance text. doc
26
16.21.140 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 Temecuia 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 increased for the purposes of preparing the project for conversion; and
There is no 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 Recorde. r. 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.
R:\BROWNS\subdivision oral\ordinance text.doc
27
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-conformance 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:
4.
5.
6.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Improvement plans approved by the Director of Public Works.
Complete and accepted public improvements or acceptable subdivision
improvement agreement(s) and securities.
Proof of payment of all applicable fees.
Will serve letters from all applicable utilities and agencies.
Non-interference letters from all applicable easement or title interest holders.
Original and copies of all sheets of the final tract map in their required form and
content.
Proof of ownership of all affected properties.
Subdivision guarantee from a title company, less than sixty (60) days old.
Letter from all affected property owners requesting approval of the final tract map.
Small scale map of the proposed subdivision.
Written clearance from all affected city departments.
Written clearance from all affected public agencies.
Proof of payment of all delinquent assessments.
All applicable agreements or documents to be approved by the City Council, or filed
or recorded concurrently with the map.
Proof that all additional requirements of Chapter 16.09 have been satisfied.
The City's parkland dedication requirements (Quimby) have been satisfied.
Complete and accepted public park and/or slope improvements or acceptable park
and/or landscape agreement(s) and securities.
Public park and/or TCSD slope improvement plans approved by the Director of
Community Services.
Compliance with applicable TCSD election procedures relating to the future
dedication of slope maintenance areas.
R:\BROWNS\subdivision ord\ordinance text,doc
28
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.
16.24.100 Final Tract Map Approval by the City Council
The date the final tract map or final parcel map shall be deemed filed with the City Co, uncil
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 security and final tract map or final parcel map at the meeting at which it
receives the map or at the next regular meeting following the meeting at which it received
the map. tf the City Council does not approve or disapprove the map within this time
period, or any authorized 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.
C,
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 Government 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.
f6.24.120 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 appreved 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.
R:\BROWNS~subdivision ord\ordinance text.doc
29
16.24. 140 Filing with the Office of the County Recorder
Upor~approval of-the final tract map or final parcel map and subdivision improvement
agreement by the City Council, the City Clerk shall execute the appropriate 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 Recorder's office for filing. The final tract map or final parcel map and
any separate documents (if required) shall be filed concurrently.
If, for any cause of the subdivider, the final or parcel map is not recorded by the Riverside
County Recorder's office within 180 days from the date the City Council approved the final
or parcel map, then the City Council'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 authorized 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.
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
R:\BROWNS~subdivision ord\ordinance text.doc
30
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 0f 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 description 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
Worlds, which does not affect any property right. 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 fact 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.
R:\BROwNS\subdivision ord\ordinance text,doc
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.
At the time of making the survey for the final 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.
The Director of Public Works may waive the requirements in subsections A and B for parcel
maps at his or her discretion.
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.
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.
R:\BROWNS\subdivision ord\ordinance text.doc
32
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 bed~'ock.
Geotechnical, 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. Sai'd 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 exercise of his or her professional judgment. The Director of Public Works
shall make a copy of all appreved 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 subdivisidn 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.
R:\BROWNS~subdivision ord\ordinance text.doc
33
16.30 IMPROVEMENTS
16,30.020 General
The subdivider shall construct all required improvements both on-sit6 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 approvat 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 Improvemen ts 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 attorney's fees and costs, prior to initiation of
acquisition proceedings by the City.
16.30.060 Deferred Improvements
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 prior to or
concurrent with the filing of the parcel map.
R:\BROWNS~subdivision ord\ordinance text.doc
34
B. The City Attorney shall approve the form and content of all Deferred Improvement
Agreements prior 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 established 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.
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 orshe can make
the following findings:
5.
6.
7.
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 properly interest.
All cost estimates have been approved by the Director of Public Works, and
payment of all applicable fees have been received.
Approval 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.
The Director of Public Works approval of any pubIic improvement plans, or any grading
plans that are required as par~ 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 Public 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.
R:\BROWNS%subcJivision orci\ordinance text.doc
35
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 slo. pe 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. 100 Subdivision Improvement Agreements 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 expended 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 defaul~ of the owner or
subdivider, his successors or assignees, the owner or subdivider, his successors
or assignees will pay all costs involved, including reasonable attorney'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 security 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 specified 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 discret!on, 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
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~subdivision ord\ordinance text.doc 36
real property. All agreements shall be executed by all those parties executing the fir{al or
parcel map, with all signatures acknowledged before a notary public, and shall be
trans_rnitted 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 authorized 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 security 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 period, 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 security 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.
R:\BROWNS\subdivision ord\ordinance text. doc
37
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.
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 securities, said public
improvement shall be considered to have entered the warranty period. 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 ownership and maintenance
responsibility, as determined by the Director of Public Works and accepted by the City
Council.
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 Dedica fions
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
R:\BROWNS\subdivision ord\ordinance text.doc
38
C,
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, subje~ 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 subdivisiop 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 App~cability
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.
R:\BROWNS\subdivision oral\ordinance text.doc
39
D,
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 r_ecreational 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 approved prior
to final map approval by the Director of Community Services. An agreement and securities
shall be posted prior to approval of the final 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 prior 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:
A. The minimum park size acceptable for dedication to the City as a provision of this section
shall be three (3) usable acres, unless approved by the Director of Community Services.
R:\BROWNS~subdivision ord\ordinance text.dec
40
Usable acreage for parklands is defined as follows: Proposed parkland must hav~ a
maximum slope of 2-3% over 90% of the total area of the park. The remaining 10% may
contain slopes greater than 2-3% if approved by the Director of Community Services. The
proposed park must have a length to width ratio no greater than 2:1. A minimum of two
sides of the park must abut public streets. Sewer, water, electricity and storm drain
connections must be available at the park. The Director of Community Services must
approve any deviation from these standards.
The natural features, access, and location of the proposed park site within the subdivision
available for dedication that are compatible with 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..
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 wouid 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 tand shall be dedicated, 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 irf 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 land to be provided shall be determined pursuant to the following
formulas:
Average number of persons/unit x 5 acres
1,000
Example for a single family dwelling unit (DU):
= minimum acreage dedication 1,000 persons
3.12 x .01605 acres/DU
R:\BROWNS~subdivision ord\ordinance text.doc
41
PARK LAND DEDICATION FORMULA*
Type of Dwellinc~
Averacle Density/Dwellin~l Unit
Single family residential (detached garage) 3.12
Single family attached ( attached garage) 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) of the Government Code
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 return for park improvements, the
developer shaft 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 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 an acre of land within the subdivision based on
the value of the 'land as a recorded map. If the City does not accept the subdivider's
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 sd committed, they
R:\BROWNS\subdivision ord\ordinance text.dec
42
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 birector of dommunity Services shall report to the City Council at least annually on
income, expenditures and status of the subdivision park account.
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%) cFedit
against the requirement of land dedication or payment of inqieu fees as follows:
Yards, court areas, setbacks, and other open space areas required 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 private park and recreation facilities shall be owned by the developer or a homeowner's
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 shaft 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 having 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. f 80 Exemptions
This section shall not apply to the following land divisions:
A. Commercial or industrial and those parcels exempted by the provisions of Section 66477
(a) (8) of the Subdivision Map Act.
R:\BROWNS~ubdivision oral\ordinance text.doe
43
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 o_n 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.
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 adiustment may be utilized to reconfigure two or more adjoining lots into 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 Devebpment Department on
an approved 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 Depa.rtment 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 receipt 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.
R:\BROWNS~subdivision oral\ordinance text.doc
44
16.36.100 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 originally existed.
B. The resulting lot(s) conform with City General Plan development and building codes.
C. The adjustment does not cause existing uses of the property to be out of compliance with
any provisions of the Municipal Code.
D. All lots involved are legal lots.
16.36.120 Con ditions 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 property 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.
R:\BROWNS~subdivision ord\ordinance text. doc
45
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.
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 of Subsection 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 pamel(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
approved pursuant to the Development Code.
R:\BROWNS\subdivision ord\ordinance text.doc
46
That the parcels when merged will not:
Be inconsistent or create a conflict with the City Development Code or General Plan,
or any approved Specific Plan.
Create a conflict with the location of any existing structures.
Deprive or restrict another parcel of access.
Create new lot lines.
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.
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 hearing 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 period specified 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
Ci.ty's General Plan or the public health, safety, and welfare.
If the owner of the affected property requests a hearing 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.
E. 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
R:\BROWNS~subdivision ord\ordinance text.dec
47
merge contiguous parcels the Planning Commission shall make the following findings:
1. _ The merge~d parcel complies with the appropriate provisions of the Subdivision Map
Act and all applicable City Requirements for the merging of contiguous parcels.
2. 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 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
the Government Code. If notification cannot be made at the time of tt~e hearing to the
parcel owner in person, notification shall be made by Certified Mail. The Commission ~hall
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 specified by 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.
tf 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.
16.39.120 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.
R:\BROWNS\subdivision ord\ordinance text.doc
48
16.39.140 Appeal of Merger
The appeal of the Director's determination to merge contiguous parcels to the appropriate advisory
agency shall be made in accordance with the appeal provisions contained in Section 17.03.090 of
the Development Code.
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 reverting 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 Council - 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, "The Purpose of this Map is a Reversion to
Acreage".
R:\BROWNS~ubdivision ord\ordinance text.doc
49
16.42.080 Submittal of Pe tiffon to Director
The final or parcel map for the reversion, together with all other data as required by this article,
shah 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.
16.42.100 City Council Approval
A public hearing shall be held by the City Council on all proposed reversions to acreage.
Notice of the public hearing 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.
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 portion thereof have been sold
within five years from the date such map was filed for record.
The City Council may require as conditions of the reversion:
a. that owners dedicate or offer to dedicate streets, public right-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
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.
R:\BROWNS~subdivision ord\ordinance text.doc
50
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..
16,45. 040 Applicability
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 do~s 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:
R:\BROWNS~subdivision ord\ordinance text.doc
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 ~hich 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
51
conditional Certificate of Compliance may impose conditions which would be
applicable to a current division of land.
The 6ity shall ~l~the completed Certificate of Compliance or Conditional Certificate of
Compliance with the Riverside County Recorder's Office.
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 prior to World War II and were based on the
following design principles.
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).
Uses and housing types are mixed and in close proximity to one another.
Street networks are interconnected and blocks are small.
Civic buildings are given prominent sites throughout the neighborhood.
16.51.040 Street and Lot Layout Requirements
The widths, alignments and geometdc 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 ~ccording to use.
Each street shall be separately designated in accordance with the following labels
and street nomenclature.
R:\BROWNS\subdivision ord\ordinance text.doc
52
9.
10.
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 corridor in a TND.
d. Road (RD) A road provides access to primarily residential neighborhoods of
lower (one to three dwellings per acre), may be of open or closed drai.nage
section, and only has striped parking on street.
e. Drive (DR). A drive 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 drive 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 designed 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.
R:\BROWNS~subdivision ord\ordinance text.doc
53
16.51.060 Street Right-of-Way Standards
The maximum street right-of-way shall be conform to the following table:
TABLE 16.51.060
TND MAXIMUM RIGHT-OF-WAY
Curb
Land Use Row Travel Lanes Parallel Parking Sidewalks
Radius
Detached Homes 40' 2 @ 10' None 5' Max.8'
Attached Homes/
Small Lot 50' 2 @ 10' 8' on both sides 6' Max. 10'
Detached Homes
Shop Front 65' 2 @ 12' 8' on both sides 12' Max.10'
2@ 11'and
Business 65' one 10' central 8' on both sides 9' Max. 15'
turning lane
R:\BROWNS\subdivision ord\ordinance text.doc
54
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 variation 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 Municipal 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 specific plan; (1 O)
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 private 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.
R:\BROWNS~ubdivision ord\ordinance text. doc
55
"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 property easement~ 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 directive.
"Slope" means the land gradient described as the vertical rise 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 printed 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 govern 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 parcel or parcels of real property or commence
construction of any building for sale, lease or financing 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
R:\BROWNS~subdivision ord\ordinance text.doc
56
number, letter or other designation, unless and until such map has been filed for record by
the County Recorder.
This ~ection does%ot 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 ParagrapHs (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 b.ankruptcy 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 property. The action may be brought against the person who so divided the property and
against any successors in interest who so divided the property and against any successors
in interest who have actual or constructive knowledge of such division of property.
C,
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 agen.cy, or such person, firm or corporation may file a suit in the superior
court to restrain or enjoin any attempted or proposed subdivision or sale, Subdivision Map
Act or this article.
R:\BROWNS%subdivision oral\ordinance text.doc
57
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
provisjons of the S_ubdivision 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 permit 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.
R:\BROWNS\subdivision ord\ordinance text.doc
58
ATTACHMENT NO. 2
PC RESOLUTION NO. 99-
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~SUbdiViSiOn ord~staff report case status 6-16.doc
5
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 hearing as prescribed by law, at which time interested persons had
an opportunity to testify either in support or in opposition;
WHEREAS, at said public hearing, 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 am 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, 3ublic and open
space land use; and
4. The aE;tion 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
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
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~SUbdiviSiOn orestaft report case status 6-16.doc
6
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, Tem_ecula, 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 addition, 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 16th day of June,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 16th day of June,
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\BROWNS~subdivision ord%staff report case status 6-16.doc
7
ATTACHMENT NO. 3
INITIAL STUDY
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~SubdiViSiOn ord%staff report case status 6-16.doc
8
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 ord~staff report case status 6-16.doc
9
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 mitigafion 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 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, 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_FS201\DATA\DEPTS\PLANNING\BROWNS~SUbdiviSiOn ord~staff report case status 6-16.doc
10
1. LAND USE AND PLANNING. Would the proposal:
1.a.
1.c.
1.d.
1.e.
Issues and Supporting Information Sources
Conflict with general plan designation or zoning? (Source
#(s))
Conflict with applicable environmental plans or policies
adopted by agencies with jurisdiction over the project? (...)
Be incompatible with existing land use in the vicinity? (...)
Affect agricultural resources or operations (e.g. impacts to
soils or farmlands, or impacts from incompatible land
uses)? (...)
Disrupt or divide the physical arrangement of an
established community (including low-income or minority
community)? (...)
Potentially
Signiticant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
X
X
X
X
X
Comrrlents
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 private 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 jurisdiction 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 are also being given the opportunity to comment on the project
and it is anticipated that they will make the appropriate comments as to how the project relates to their
specific environmental plans or polices. 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
i jurisdiction over the project. There will be limited, if any environmental effects ~n environmental plans
~ or polices adopted by agencies with jurisdiction over the project. No significant effects are anticipated
as a result of this project.
1.C.
The 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 routes, 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\DEPTS\PLANNING\BROWNS~subdivision ord~staff report case status 6-16.doc
11
2. POPULATION AND HOUSING. Would be proposal:
Issues and Supporting information Sources
2.a. Cumulatively exceed official regional or local population
Projections? ( )
2.b. Induce substantial growth in an area either directly or
indirectly (e.g. through project in an undeveloped area or
extension of major infrastructure)? ( )
2.c. Displace existing housing, especially affordable housing?
,
Comments
2,a.
Potentjglly
Potentially Significant Unless Less Than
Significant Mitjgation Significant
Impact Incorporated Impact
No
X
X
X
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 ordinance 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 or~terly 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\DEPTS\PLANNING\BROWNS~subdivision ordLstaff report case status 6-16.doc
12
3.a.
3.b.
3.c.
3.d.
3.e.
3.f.
3.g.
3.h.
3.i.
GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts
involving?
Issues and Suppoding Information Sources
Fault rupture? ( )
Seismic ground shaking? ( )
Seismic ground failure, including liquefaction? (
Seiche, tsunami, or volcanic hazard? ( )
Landslides or mudflows? ( )
Erosion, changes in topography or unstable soil
conditions form excavation, grading or fill? ( )
Subsidence of the land? ( )
Expansive soils? ( )
Unique geologic or physical features? ( )
Comments
3.a.
Potentlally
Potentially Significant ~Jnless Less Than
Significant Mitigatjon Significant
Impact Inco~orated Impact
No
impact
X
X
X
X
X
X
X
X
X
3.d.
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.
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.
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 ord~staff report case status 6-16.doc
13
4. WATER. Would the proposal result in:
4.a.
4,b.
4.c.
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant
Issues and Supporting Information 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
No
Impact
X
direct additions or withdrawals, or through interception of
an aquifer by cuts or excavations or through substantial
loss of groundwater recharge capability? ( )
Altered direction or rate of flow of groundwater? ( )
Impacts to groundwater quality? ( )
Substantial reduction in the amount of groundwater.
Otherwise available for public water supplies? ( )
X
4.g. X
4.h. X
4.i. 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\DEPTS\PLANNING\BROWNS~subdiviSiOn ord~staff report case status 6-16.doc
14
5. AIR QUALITY. Would the proposal:
5.a.
5.b.
5.c.
5.d.
Issues and Supporting Information Sources
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? ( )
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant
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 am anticipated as a result of this project.
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~subdiviSiOn ord~staff report case status 6-16.doc
15
TRANSPORTATION/CIRCULATION. Would the ~roposal result in:
Potentially
Potentially Significant Unless Less Than
' + Significant Mitigation Significant No
Issues and Suppo,ljng Infon~ation Sources Impact Incorporated Impact Impact
6.a. Increase vehicle trips or traffic congestion? ( ) X
6,b. Hazards to safety from design features (e.g. sharp curves X
6.c. 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.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.
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~ubdivisiOn ord~staff report case status 6-16.doc
16
7. BIOLOGICAL RESOURCES: Would the proposal result in impacts to:
7.a,
7.b.
!7.c.
7.d.
~7.e.
Issues and Supporiing Information Sources
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 communi'~ies (e.g. oak forest,
Coastal habitat, etc.)? ( )
Wetland habitat (e.g. marsh, riparian and vernal pool)? ( )
Wildlife dispersal or migration corridors? ( )
Potentially
Potentially Significant Unless Less Than
Significant Mitigatjon Significant
Impact Incorporated Impact
NO
Impact
X
X
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 case status 6-16,doc
17
8. ENERGY AND MINERAL RESOURCES. Would the proposal:
8.a.
8.c.
Issues and Supporting Information Sources
Conflict with adopted energy conservation plans? ( )
Use non-renewal resources in a wasteful and inefficient
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? ( )
Potenbally
Significant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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~SUbdiviSiOn ord~staff report case status 6-16.doc
18
m
9.a.
HAZARDS. Would the proposal involve:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant
Impact Incorporated impact
Issues and Supporling Information Sources
A risk of accidental explosion or release of hazardous
substances (including, but not limited to: oil, pesticides,
chemical or radiation)? ( )
9.b. Possible interference with an emergency response plan X
or emergency evacuation plan? ( )
g.c. The creation of any health hazard or potential health X
hazard? ( )
i 9.d. Exposure of people to existing sources of potential hearth X
~ hazards? ( )
~ 9.e. Increase fire hazard in areas with fiammable brush, X
grass, or trees? ( )
No
Impact
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 case status 6-16.doc
19
10. NOISE. Would the proposal result in:
Issues and Supporting information Sources
10.a. Increase in existing noise levels? ( )
10. b. Exposure of people to severe noise levels? ( )
Comments:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant
Impact Incorporated Impact
NO
Impact
X
.i
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 Supporting 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? ( )
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant
Impact Incorporated 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 br 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~staff report case status 6-16.doc
20
12.
UTILITIES AND SERVICES SYSTEMS: Would tl~ proposal result in a need for new systems or
supplies, or substantial alterations to the following utilities:
12.a.
12.b.
12.c.
, 12.d.
i12.e.
~12.f.
i 12.g.
Issues and Supporting Information Sources
Power or natural gas? ( )
Communications systems? ( )
Local or regional water treatment or distribution facilities?
( )
Sewer or septic tanks? ( )
Storm water drainage? ( )
Solid waste disposal? ( )
Local or regional water supplies? ( )
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant
Impact Incoq~orated Impact
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 this project.
13o AESTHETICS. Would the proposal:
i 13.a.
13.b.
13.c.
Issues 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
Significant Mitigation Significant
impact Incorporated Impact
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 demonstrable 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_FS201 \DATA\DEPTS\PLANNI NG\BROWNS%subdivision ord~staff report case status 6-16.doc
21
14. CULTURAL RESOURCES. Would the proposal:
Issues and Supporting Information 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? ( )
' Comments:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Signillcant No
Impact Incorporated impact Impact
X
X
X
X
X
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 Information Sources
increase the demand for neighborhood or regional parks
or other recreational facilities? ( )
Affect existing recreational opportunities? ( )
Potentially Significant Unless Less Than
Significant Mitigation Significant
Impact Incorporated Impact
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~staff report case status 6-16.doc
22
16. MANDATORY FINDINGS OF SIGNIFICANCE.
issues and Supporting Inbrmation 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? ("Cumulativety
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).
16.d. Does the project have environmental effects which will
cause substantial adverse effects on human beings,
either directly or indirectly?
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significant
Impact
NO
Impact
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 identify the following on attached sheets.
a. Earlier analyses used. Identify earlier analyses and state where they are available for review.
b. 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.
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 Temecula General Plan Final Environmental Impact Report.
City of Temecula Development Code
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~SubdivisiOn ord~staff report case status 6-16.doc
23
ATTACHMENT NO. 4
PLANNING COMMISSION STAFF REPORT
DATED MAY 19, 1999
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS%subdivision ord%staff report case status 6-16.doc
24
STAFF REPORT o 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:
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
APPLICATION INFORMATION
APPLICANT:
City of Temecula
REPRESENTATIVE:
N/A
PROPOSAL:
An Ordinance pertaining to the subdivision, recon~guration
and/or consolidation of land within the City of Temecuta
LOCATION:
City Wide
EXISTING ZONING:
N~A
SURROUNDING ZONING:
North: N~A
South: N~,
East: N~A
West: N~A
PROPOSEDZONING:
N~A
GENERAL PLAN DESIGNATION: N~A
EXISTING LAND USE:
N~A
SURROUNDING LAND USES: North: N~A
South: N~A
East: N~A
West: N~A
\\TEMEC_FS201\DATA\DEPTS\PLANNING~BROWNS~SubdiviSiOn ord~taff report.doc
1
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 bdng 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 Unnecessary MaD 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 pdmary 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 II and were based on the following design principles:
· All neighborhoods should have identifiable centers and edges.
\\TEMEC_FS201~DATA~DEPTS\PLANNING\BROWNS~SUbdiviSiOn orcPstaff report. doc
2
· Edge lots should be readily accessible to retail and recreation by non-vehicular meahs (a
distance of no greater than 1/4 mile).
· Uses and housing types 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 Maps
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 Reeuest
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 permit 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.
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~subdivision ord~staff report.doc 3
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
\\TEMEC_FS201%DATA~DEPTS\PLANNING\BROWNS~Subdivision ord~staff repo~t,doc
4
ATTACHMENT NO. 1
ORDINANCE NO. 99-
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~subdiviSion ord~staff report.doc
5
City of Temecula
Subdivision Ordinance
Title 16.00
16.01 GENERAL PROVISIONS .............................................................................................................5
16.01.020 Authority ...................................................................................................................................5
16.01.040 Purpose ..............................................: .....................................................................................5
16. 01.060 Scope/Applicability ...................................................................................................................5
16.01.080 Exceptions ......... , .....................................................................................................................5
16. 01.1 O0 Review and Approval Authority or Advisory Agencies .............................................................
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
16.03.040 Lots ..........................................................................................................................................9
16.03.060Access 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
16.0g. 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 ........................................................................................................
16.15 TENTATIVE PARCEL MAP PROCEDURES FOR FOUR (4) OR FEWER PARCELS ................. 17
16.15.020 General ..................................................................................................................................17
\\TEMEC_FS201~)ATA~DEPTS~F'LANNING\BROWNS~subdivisiOn ord~ordinance text.doc 1
16. 15. 040 Approval or Disapproval of Tentative Parcel Maps ............................................................. ;,. 17
16.15,080 Revised Tentative Parcel Maps .............................................................................................17
16. 15. 100 Waiver~ of Final Parcel Map ..................................................................................................17
16.18 VESTING TENTATIVE MAPS ........................................................................................................19
16. 18.020 Purpose ..................................................................................................................................19
18. 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
16.21,020 Applicability ............................................................................................................................21
16.21.040 Development Review Required ............................................................................................. 21
16. 21.060 Application Requirements ......................................................................................................21
16.21.080 Physical Standards for Condominium Conversions ............................................................... 23
16.21.100 Tenant Provisions ..................................................................................................................25
16.21.120 Notice to New Tenants ..........................................................................................................26
18.21.140 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 ....................................................................
16.24.080 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, 1 O0 Final Tract Map Approval by the City Council ........................................................................ 29
16.24.120 Limitation on Map Denial by the City Council ........................................................................ 29
18. 24.140 Filing with the Office of the County Recorder ........................................................................ 30
18.24. 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 Amendment. .........................................................................................
16. 24.220 Submittal and Approval by Director of Public Works ............................................................. 31
18.24.240 Filing with the County Recorder. ............................................................................................31
16.27 ADDITIONAL TENTATIVE MAP, FINAL MAP, AND PARCEL MAP REQUIREMENTS ............. 32
16. 27. 020 Survey and Monuments Requited .........................................................................................32
\\TEMEC_FS201\DATA\DEPTS~PLANNING~BROWN~i~UlXliviSiOn ord~ordinance text.doc
2
16. 27. 040 Energy Conservation .............................................................................................................32
16.27.060 Geotechnical, Geologic, and Soils Reports ........................................................................... 32
16.27.080 Flood Management ................................................................................................................33
16. 27. 1 O0 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. SO. 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. 1 O0 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
\\TEMEC_FS201~DATA~DEPTS~°LANNING\BROWNS~ubdivision or0~ordinance text.doc
3
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. 1 O0 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 ..................................................................................................................................50
16. 45.040 Applicability ............................................................................................................................51
16.45.060 Filing Procedures ...................................................................................................................51
16. 45. 080 Review and Processing Procedures ...................................................................................... 51
16.51 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
\\TEMEC_FS201~)ATA\DEPTS\PLANNING\BROWNS~subdivision ord~ordinance text.doc
4
16.01 GENERAL PROVISIONS
16.01.020 Authority
This Title is adopted pursuant to Article XI, Section 7 of the California 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 buildings, 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 industrial buildings on a single parcel, unless the project is
not subject review under other City ordinances regulating design and improvement;
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~SUbdiviSiOn ord\ordinance text,dec
5
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 California 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 ramovable commercial bullflings
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
APPROVALAUTHORITY
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 Res ~onsible Agencies
City Council
Waivers of Parcel Maps
City Staff
Other Res }onsible Agencies
Director Hearing
Reversion to acreage
City Staff
Other Res }onsible Agencies
City Council
Lot and Parcel Mergers
City Staff
Other Res
>onsible Agencies
Community Development
Director
Planning Commission (City
initiated)
Lot Line Adjustments
City Staff
Other Responsible Agencies
Community Development
Director
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~subdivision oro~ordinance text.doc
6
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 require 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 require 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.
\\TEMEC_FS201~DATA\DEPTS\PLANNING~BROWNS~subdivisiOn ord~ordinance text.doc
7
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 when the 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 centerline radius for
residential streets is five hundred feet. The minimum centerline 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 right angles as possible with a minimum
angle of seventy-five degrees.
Street-to-street centerline 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 intersections at intervals of not less than
five hundred feet.
\\TEMEC_FS201\DATA~DEPTS\PLANNING\BROWNS~subdivision ord~ordinance text.doc
8
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 fronting 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 turning 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 turn-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 pattern 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 injury'to adjoining property
Lot sizes and arrangement shall be compatible with lots in the surrounding area.
Side lot lines:
Sidelines of lots shall be at approximately right 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.
\~TEMEC_FS201~DATA\DEPTS\PLANNING\BROWNS~subdivision orcRordinance text.doc
9
D=
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 city, 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 topographicel conditions or previous highway or street
layouts require a different 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 frenting on a public street (Flag Lots). When a land division is proposed
to create any lot(s) other than one(s) fronting 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)
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNSL~ubdivision ord~ordinance text.doc
10
Required Improvement of Access:
Access Surfacing. Prior to final inspection for occupancy of any building or
structure relocated, erected or constructed on any lot not fronting directly on
a public street or highway, the full length of any required access shall be
improved with concrete or asphaltic concrete surfacing, in accordance with
city engineedng standards and requirements, for a width as provided herein:
(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 specific plan, the Development Code, 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.
\~TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~subdivision ord\ordinance text.doc
11
The Director may require other drawings, data, 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.
6.09.060 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 properly 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.
16.09.100 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 an initial
study of the project's 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 of the 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.
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
\\TEMEC_FS201~DATA~DEPTS\PLANNING\BROWNS~subdivision ord~ordinance text.doc
12
Public hearing and notification - Public hearing 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.
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 avoidably
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;
\\TEMEC_FS201\DATA\DEPTS~PLANNING\BROWNS~Subdivision ord~ordinance text.dcc 13
The design of the subdivision provides for future passive or natural heating or codling
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 all
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.
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~SUbdivision ord~ordinance text.doe
14
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.
f 6.09.220 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 original 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 vedical
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.
C=
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
\\TEMEC_FS201\DATA\DEPTS\PLANNING~BROWNS~SUbdiViSiOn ord~ordinance text,doc 15
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 prior 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
16. 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.
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~subdivision oro~ordinance text.doc
16
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.
C=
Any action taken by the Director on an application for a Tentative Map may be appealed
to the Planning Commission, pursuant to section 17.03.090 of the Development Code.
16.15.080 Revised Tentative Parcel Maps
Any revised tentative Parcel 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 fi~ed unless such time extension is specifically granted by the Planning
Commission.
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:
Division of real property or interests therein created by probate, eminent domain
procedures, partition, or other civil judgments or decreases.
Division of property which has been merged pursuant to this Title, the Subdivision
Map Act or any prior ordinance of the City; or
Any other division of property which would otherwise require a parcel map.
\\TEMEC_FS201\DATA\DEPTS\PLANNING~BROWNS~SUbdiviSiOn ord~ordinance text.doc
17
In order for the requirement for a parcel map to be waived, a written 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 appmved unless the
Advisory Agency finds that all of the following criteria 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 Government 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.
~\TEMEC_FS201\DATA\DEPTS\PLANNING\BROW"NSL~ubdiviSiOn ord~ordinance text,doc
18
16.18 VESTING TENTATIVE MAPS
f 6.18.020 Purpose
The purpose of this Chapter is to establish procedures for the review, approval and administration
of vesting tentative maps.
f 6.18. 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 same 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 App~cation Materials
At the time a vesting tentative map is filed, it shall have pdnted 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. f 8. 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.
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~suIXliviSiOn ord\ordinance text.doc
19
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. Pdor 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 periods 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 recordation 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 I year time pedod for each final tract map shall
begin on the date of recordation of that final tract map.
The initial time period 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 thirty days, and provided further that such extensions shall not
be cumulative.
If, during the two-year period 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.
\\TEMEC_FS2OI\DATA~DEPTS\PLANNING\BROWNSL~ubdiviSiOn ord%ordinance text,doc
20
16. f8.160 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 hearing 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
f 6. 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 Application Requirements
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 descdbing the physical elements of all structures and facilities,
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
\\TEMEC_FS201~DATA\DEPTS\PLANNING',BROWNS~subdivision oro'~ordinance text.doc
21
G=
replacing said element; and any variation 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 repairs 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 metering.
Specific information concerning 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 during 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 price 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.
\\TEMEC_FS201\DATA\DEPTS~PLANNING~BROWNS~subdivision ord\ordinance text.doc
22
Submittal of Budget. The subdivider shall provide the City with a copy of the proposed
budget for maintenance and operation of common facilities, incJudin9 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. Prior to entering 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 Homeowner's Association;
Actual sales price of units;
Actual Homeowner's 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 physicel condition. To achieve the purpose of this Chapter, the Planning
Commission shall require that all condominium canversions 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
\\TEMEC_FS201\DATA\DEPTS\PLANNING~BROWNS%SUbdiviSiOn erdaordinance text.dec 23
tentative map and conditional 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.
Specific physical standards. The Planning Commission shall require conformance with the
standards of this subsection in approving 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 mechanical 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 sharing of these utilities shall be
developed pdor 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 facilities. 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
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~SUbdiviSiOn ord%ordinance text.cloc 24
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 close 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, chlorinator) and
any appliances and mechanical equipment (filter, pumps, chlorinator) and'any
appliances and mechanicel equipment to be owned in common by the Association
have a useful life of one (1) year. Prior 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. Prior 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 Government Code 66427.1(a), a Notice of Intent to Conver~
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 rights provided under this Chapter and State law.
Notice of Public Report. As provided in Govemment 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.
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~subCiivision ord~ordinance text.doc
25
Notice of Final Map Approval. As provided in Govemment Code Section 66427,1(b), each
tenant shall receive written 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 right 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 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 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 writing 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 owners agent)
(Dated)
I have received notice on
(Date)
Prospective tenant or tenants signature(s)
\\TEMEC_FS201\DATA\DEPTS~°LANNING~BROWNS~SUbffiViSiOn ord~ordinance text.doc
26
16.2f. 140 Rndings
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 headng, 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, physicel 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, dudng the current calendar year, more than five (5)
percent of the potentially convertible rental units in Temecula for the currant 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 increased for the purposes of preparing the project for conversion; and
There is no evidence in the public headng 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.
\%TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~SubdiviSiOn ord\ordinance text.doc
27
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-conformance 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 Pubtic 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:
4.
5.
6.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Improvement plans approved by the Director of Public Works.
Complete and accepted public improvements or acceptable subdivision
improvement agreement(s) and securities.
Proof of payment of all applicable fees.
Will serve letters from all applicable utilities and agencies.
Non-interference letters from all applicable easement or title interest holders.
Original and copies of all sheets of the final tract map in their required form and
content.
Proof of ownership of all affected properties.
Subdivision guarantee from a title company, less than sixty (60) days old.
Letter from all affected property owners requesting approval of the final tract map,
Small scale map of the proposed subdivision.
Written clearance from all affected city departments.
Written clearance from all affected public agencies.
Proof of payment of all delinquent assessments.
All applicable agreements or documents to be approved by the City Council, or filed
or recorded concurrently with the map.
Proof that all additional requirements of Chapter 16.09 have been satisfied.
The City's parkland dedication requirements (Quimby) have been satisfied.
Complete and accepted public park and/or slope improvements or acceptable park
and/or landscape agreement(s) and securities.
Public park and/or TCSD slope improvement plans appmved by the Director of
community services,
Compliance with applicable TCSD election procedures relating to the future
dedication of slope maintenance areas.
\\TEMEC_FS201\DATA\DEPTS\PLANNING~BROWNS~SubClivisiOn ord\ordinance text.doc
28
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,
16.24.100 Final Tract Map Approval by the City Council
The date the final tract map or ~nal parcel map shall be deemed filed with the City Council
shall be the date of the next regulady 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.
B=
The City Council shall approve or disapprove the subdivision improvement agreement,
improvement security and final tract map or final parcel map at 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 or disapprove the map within this time
period, or any authorized 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 Government 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,
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~subdivision ord~ordinance text.doc
29
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 appropriate 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 Recorder'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 Council'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 Pubtic Works
The Director of Public Works is authorized 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 am 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.
B,
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.
C,
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.
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
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~SuDdiviSiOn ord~ordinance text.doc
30
f 6. 24.180 Certi~cate 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 description 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 right. 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 prapared 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 Pubtic 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 Pubtic Works shall examine the cedi~cate of
correction and if the only changes made are those set forth in Section 16.24.200, this fact 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.
\%TEMEC_FS201\DATA\DEPTS\PLANNING~BROWNS~subdivisiOn orcRordinance text.doc
31
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.
At the time of making the survey for the final 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 discretion.
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, pdor 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 exemise 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.
Geologic and geotechnicel reports shall be required, pdor 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.
\\TEMEC_FS201\DATA~DEPTS\PLANNING\BROWNS~subdivision ord~ordinance text.doc
32
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.
Geotechnical, 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 exercise 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.
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~subdivision ord~ordinance text.cloc
33
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
.A,
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 prior to or
concurrent with the filing of the parcel map.
\\TEMEC_FS201\DATA\DEPTS\PLANNING~ROWNS~SUbdiviSiOn oral\ordinance text.doc 34
B. The City Attorney shall approve the form and content of all Deferred Improvement
Agreements prior 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 established 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:
2.
3.
4.
5.
6.
7.
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.
AIr 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.
Approval of designs and plans have been obtained from all other applicable
agencies, as required by the Director of Public Works.
D=
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 Public 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,
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS%suIxliviSion ord~ordinance text.doc 35
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 conforrnance with this section and all
applicable TCSD standards, as required by the Director of Community Services.
16.30. 100 Subdivision Improvement Agreements 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 pedod 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 expended 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 successors or assignees, the owner or subdivider, his successors
or assignees will pay all costs involved, including reasonable attorney'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 security 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 specified 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 discretion, 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
\%TEMEC_FS201\DATA\DEPTS~PLANNING~BROWNS~sUbdiviSiOn oro~ordinance text.doc 36
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 obligat on 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 authorized 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.
\\TEMEC_FS201\DATA~DEPTS\PLANNING\BROWNS~SUbdiViSiOn oral\ordinance text.doc
37
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,
B,
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.
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 securities, 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 ownership and maintenance
responsibility, as determined by the Director of Public Works and accepted by the City
Council.
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
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS%Subdivision ord~ordinance text.doc 38
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. 3 3. 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.
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~Subdivision old\ordinance text.doc 39
C,
D=
H=
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 rewewed and appmved by
the Director of Community Services. An agreement and securities shall be posted pdor 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 prior 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.
\\TEMEC_FS201\DATA\DEPTS~PLANNING~BROWNS~Subdivision ord\ordinance text.doc
40
C,
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 dedicated, 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 land 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*
Type of Dwelling Averacle Density/Dwellincl 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 Government Code
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~SUbdiviSiOn ord~ordinance text.dec 41
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 return 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.
f 6.33.140 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.
B,
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 subdivider's 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.
C=
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.
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~SUbdiviSiOn ord~ordinance text.doc
42
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 required 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 purp6ses
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 private park and recreation facilities shall be owned by the developer or a homeowner's
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 having 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.
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~sUbdivisiOn ord\ordinance text.doc 43
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.
f 6.36.040 Appficability
Lot line adjustment may be utilized to reconfigure two or more adjoining lots into 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 approved 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,
C=
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 receipt 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. 100 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 originally existed.
\\TEMEC_FS201%DATA~:)EPTS\PLANNING\BROWNS%subdiviSiOn ord%ordinance text.doc
44
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 are 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 property 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.
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~Subdivi$iOn ord\ordinance text.dec
45
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 of Subsection 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 lega! 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
approved 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 approved Specific Plan.
Create a conflict with the location of any existing structures.
Deprive or restrict another parcel of access.
Create new lot lines.
\\TEMEC_FS201\DATA%DEPTS\PLANNING\BROWNS~subdivision ord~ordinance text.doc
46
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.
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 hearing 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 period specified 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 hearing 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.
D=
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
\\TEMEC_FS201\DATA\DEPTS\PLANNING%BROWNS%SubdiviSiOn oro~ordinance text,doc 47
the Government Code. If notification cannot be made at the time of the hearing 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. f O0 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 specified by the Director.
Within thirty (30) days of the application to merge parcels, the Director of Planning shall
determine whether the affected parcals are to be merged. To merge contiguous parcels
the Director of Planning shall make the following findings:
The merged parcel complies with the appropdate 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.
16.39.120 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 appropriate advisory
agency shall be made in accordance with the appeal provisions contained in Section 17.03.090 of
the Development Code.
\~TEMEC_FS201\DATA\DEPTS~PLANNING~BROWNS~subdivision oro~ordinance text.doc
48
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 reverting to
acreage, under the provisions of Certificate of Parcel Merger.
6.42. 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 proper~y.
By City Council - 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 map 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.
\\TEMEC_FS201%DATA\DEPTS\PLANNING\BROWNS~subdivision ord\ordinance text.dec
49
16.42.100 City Counc~ Approval
A public hearing shall be held by the City Council on all proposed reversions to acreage.
Notice of the public hearing 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.
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 portion thereof have been sold
within five years from the date such map was filed for record.
The City Council may require as conditions of the reversion:
a. that owners dedicate or offer to dedicate streets, public right-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.
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~subdiviSiOn ord~ordinance text.doc
50
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 Riveraide County Recorder's Office.
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~subdivision on:fiordinance text.doc
51
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 pdor to Wodd War II and were based on the
following design principles.
C,
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).
Uses and housing types are mixed and in close proximity to one another.
Street networks are interconnected and blocks are small.
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 corridor in a TND.
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~Subdivision ord~ordinance text.doc
52
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 closed drainage
section, and only has striped parking on street.
e. Drive (DR). A drive 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 drive may be detailed with curbing, gutters,
sidewalk and stdped parking, while the other side may be detailed as a more
rural condition, depending on location and the subdivider's intent.
f. Alley (ALl an alley is found to the roar of lots, has no sidewalks or setbacks,
is designed 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 facede, 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.
16.5 f .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 Sidewalks Curb Radius
Parking
Detached Max.
Homes 40' 2 @ 10' None 5' 8'
Attached
Homes/
8' on both Max.
Small Lot 50' 2 @ 10' 6'
sides 10'
Detached
Homes
8' on both Max.
Shop Front 65' 2 @ 12' 12'
sides 10'
2 @ 11' and
one 10' 8' on both
Business 65' 9' Max. 15'
central sides
turning lane
\\TEMEC_FS201\DATA\DEPTS~PLANNING\BROWNS~SubdiViSiOn ord~ordinance text.doc
53
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 variation 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 Municipal 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 specific 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 pdvate 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 property 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 mandatonJ directlye.
"Slope" means the land gradient described as the vertical rise 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 pdntad conspicuously on its face the words '~/esting 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 govern the use, placement, spacing and size of land and
buildings.
16.57 ENFORCEMENT
f 6.57. 020 Prohibition
No person shall sell, lease, or finance any parcel or parcels of real property or commence
construction of any building for sale, lease or financing 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\DEEPTS\PLANNING~BROWNS~subdivisiOn ord~ordinance text.doc 55
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 Paragraphs (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.
f 6. 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 supedor court to recover any damages suffered by reason of such division
of property. The action may be brought against the person who so divided the property and
against any successors in interest who so divided the property 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 dghts 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 restrain or enjoin any attempted or proposed subdivision or sale, Subdivision Map
Act or this article.
\\TEMEC_FS201~DATA%DEPTS\PLANNING\BROWNS~SUbdiviSiOn ord\ordinance text.doc
56
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 permit 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 properby. 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 properbj. 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.
\\TEMEC_FS201~DATA\DEPTS\PLANNING\BROWNS%SUbdivision ord~*'dinance text.doc
57
A'R'ACHMENT NO. 2
PC RESOLUTION NO. 99-
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~Subdivision ord~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 hearing as prescribed by law, at which time interested persons had
an opportunity to testify either in support or in opposition;
WHEREAS, at said public hearing, 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 }ublic 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~SUbdiviSiOn ord~staff report.doc 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 addition, 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
\\TEMEC_FS201\DATA~DEPTS\PLANNING~BROWNS~subdivision ord%staff report.doc
8
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
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
%\TEM EC_FS201\DATA\DEPTS\PLANNING~BROWNS~subdivisiOn ord~staff report.doc
10
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 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, 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_FS201\DATA~DEPTS%PLANNING\BROWNS~subdivision ord~staff report.doc
11
1. LAND USE AND PLANNING. Would the proposal:
1.a.
1.e.
Issues and Suplx~ng Information S~urc~s
Conflict with general plan designation or zoning? (Source
#(s))
Conflict with applicable environmental plans or policies
adopted by agencies with jurisdiction over the project? (...)
Be incompatible with existing land use in the vicinity? (...)
Affect agricultural resources or operations (e.g. impacts to
soils or farmlands, or impacts from incompatible land
uses)? (...)
Disrupt or divide the physical arrangement of an
established community (including low-income or minority
community)? (...)
s~gnfficam
~moact
Potentially
Signfficant Unless
Less Than
Significant
Impact
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 private 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 jurisdiction 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 are also being given the opportunity to comment on the project
and it is anticipated that they will make the appropriate comments as to how the project relates to their
specific environmental plans or polices. 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 matedais and landscaping, preservation of existing vegetation and landform, the location
of access routes, 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\DEPTS\PLANNING\BROWNS~subdivision oral%staff report.doc
12
2. POPULATION AND HOUSING. Would be proposal:
Issues and Supporting Infonnatjoe~ Sources
2.a. Cumulatively exceed official regional or local population
. Projections? ( )
2.b. Induce substantial growth in an area either directly or
indirectly (e.g. through project in an undeveloped area or
extension of major infrastructure)? ( )
2.c. Displace existing housing, especially affordable housing?
()
Potentially
Significant
Impact
Less Than
Significant
impact
No
Impact
X
X
I ×
Comments
2.b.
The proposed ordinance is consistent with, and implements the General Plan. The General Plan is
consistent with regional and local population estimates; therefore, the ordinance 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~E)EPTS\PLANNING\BROWNS~subdivision ord~staff repofi.doc
13
GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts
involving?
3.a.
3.b.
3.c.
3.d.
'3.f.
3.g.
3.h,
3.i.
Issues and Supporting Information Sourcai
Fault rupture? ( )
Seismic ground shaking? ( )
Seismic ground failure, including liquefaction? (
Seiche, tsunami, or volcanic hazard? ( )
Landslides or mudflows? ( )
Erosion, changes in topography or unstable soil
conditions form excavation, grading or fill? ( )
Subsidence of the land? ( )
Expansive soils? ( )
Unique geologic or physical features? ( )
potentially
potentially Significant Unless Less Than
SIgnfficant Mi~gation Significant
Impact incorporated Impact
No
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
Repor~ 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 ord~staff report.doc
14
4. WATER. Would the proposal result in:
Issues and Supporting Infom~atio~l Sourues
4.a. Changes in absorption rates, drainage patterns, or the rate
and mount of surface runoff?
4.b. -Exposure of people or property to water related hazards
such as flooding? ( )
,4.c. 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?
( )
I 4.e. Changes in currents, or the course or direction of water
Movements? ( )
4.f. Change in the quantity of ground waters, either through
direct additions or withdrawals, or through interception of
an aquifer by cuts or excavations or through substantial
loss of groundwater recharge capability? ( )
4.g. Altered direction or rate of flow of groundwater?. ( )
4.h. Impacts to groundwater quality? ( )
4.i. Substantial reduction in the amount of groundwater.
Otherwise available for public water supplies? ( )
Potentially
Signicant Unlesf
Mifigaljon
Incorporated
Less Than
Significant
Impad
No
Impact
X
X
x
X
x
X
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\DEPTS\PLANNING\BROWNS~SUbCiiviSiOn ord~staff report.doc
15
5. AIR QUALITY. Would the proposal:
5.a.
5.b.
5.c.
5.d.
Issues and Suppoffing Informatio~ Sources
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? ( )
Pntentiaily
Potentially Significant Unles~ Less Than
Significant Mitigation Significant
impact
X
X
X
X
Comments:
The project will not violate any air quality standard or contdbute 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~BROWNS~SubdiviSiOn ord~staff report.doc
16
6. TRANSPORTATION/CIRCULATION. Would the proposal result in:
Potentially Significant Unl6ss Less Than
Significam Mitigation Significant No
Irapad Incoq:~orated Impact Impact
6.a. X
6.b. X
6.c. X
6.d. X
6.e. X
6.f. X
6.g.
Issues and Suppoffing Infornati~ Sources
Increase vehicle trips or traffic congestion? ( )
Hazards to safety from design features (e.g, sharp curves
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 suppoding alternative
transportation (e.g. bus turnouts, bicycle racks)? ( )
Rail, waterborne or air traffic impacts? ( )
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.
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNSLsUbdiviSiOn ord%staff report.doc
17
7. BIOLOGICAL RESOURCES: Would the proposal result in impacts to:
7.a.
7.b.
7.c.
Issues and Supporting Information Sourues
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
Potentally
Potentially Significant Unless Less Than
SigniScant Mitigatio~ Significant No
Impact Incoq)orated Impact impact
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.doc
18
8. ENERGY AND MINERAL RESOURCES. Would the proposal:
8.a.
8.c.
Issues and Suplx~jng Infon~ation Sources
Conflict with adopted energy conservation plans? ( )
Use non-renewal resources in a wasteful and inefficient
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? ( )
Potentially
Potentially Significant Unless Less Than
Signi~cant Mitigation Significant
NO
Impact
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~subdivision ord~staff report.doc
19
HAZARDS. Would the proposal involve:
issues and Suppolllng Information Sources
9.a. A risk of accidental explosion or release of hazardous
substances (including, but not limited to: oil, pestiddes,
chemical or radiation)? ( )
9.b. Possible interference with an emergency response plan
or emergency evacuation plan? (')
i 9.c. The creation of any health hazard or potential health
hazard? ( >
! 9.d. Exposure of people to existing sources of potential health
! hazards? ( )
! 9e. Increase fire hazard in areas with flammable brush,
grass, or trees? ( )
Potentially
Significant
Potentially
Significant Unless
Mitjgaeon
Incorporated
Less Than
Significant
Impact
No
Impact
X
X
i 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 ai'e anticipated as a result of this project.
\\TEMEC_FS201\DATA\DEPTS\PLANNING%BROWNS~subdiviSiOn ord~staff report.doc
10. NOISE. Would the proposal result in:
Issues and Supporting InfOnT~tiOn Sources
10.a. Increase in existing noise levels? ( )
10.b. Exposure of people to severe noise levels? (
potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant
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 Suppodjng 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? ( )
Potentially
Potentially Significant Unless Less Than
SigniScant Mitigation Significant
Impact Incorporated 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 Suppoeling Informatio~ Soun:~s
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? ( )
Potentially
Potentially Significant Unless Less Than
Signi~ant Mitigation Signfficant
Impact Incorporated Impact
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 this project.
13. AESTHETICS. Would the proposal:
13.a.
13.b.
13.c.
Issues and Supporting In~mation Sources
Affect a scenic vista or scenic highway? ( )
Have a demonstrable negative aesthetic affect? (
Create light or glare? ( )
Potentially
Potentially Significant Unless Less Than
Signfficant Mitigation Significant
No
Impact _
X
X
X
Comments:
13.a.
13.b.
113.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.
The project will not have a demonstrable negative aesthetic effect. Projects that are developed under
this ordinance will be required to canform 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.
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_FS201\DATA\DEPTS\PLANNING\BROWNS~SUbdiviSiOn ord~staff report,doc
22
14. CULTURAL RESOURCES. Would the proposal:'
Issues and Supporting Information 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? ( )
potentially
potentially Significant Unless Less Than
Significant Mitigatio~ Significant
No
impact
X
X
X
X
X
Comments:
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.
114.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 Information Sources
Increase the demand for neighborhood or regional parks
or other recreational facilities? ( )
Affect existing recreational opportunities? ( )
Potentially
Potentially Signifyant Unless Less Than
Significant Mitigation Significant
Iml:}act Incorporatsd Iragad
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%staff report.doc
23
16, MANDATORY FINDINGS OF SIGNIFICANCE.
Issues and Supporting In~ Source~
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 restrid 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 impads that area individually limited,
but cumulatively considerable? CCumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
projects, and the effects of probable future projects).
16.d. Does the project have environmental effects which will
cause substantial adverse effects on human beings,
either directly or indirectly?
Potentially
Stgni~caffi
~mpac~
Polentjally
Signfficant Unless
Mitiga~on
Incorlxm~ted
Impad
No
Impact
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 identify the following on attached sheets.
a. Earlier analyses used. Identify earlier analyses and state where they are available for review.
b. 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.
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 Temecula General Plan Final Environmental Impact Report.
City of Temecula Development Code
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS~subdiviSiOn ord~staff reportdoe
24
ATTACHMENT NO. 5
TCSD MEMO DATED JUNE 3, 1999
\\TEMEC_FS201\DATA\DEPTS\PLANNING\BROWNS\subdivision ord\staff report case status 6-16.doc
25
To: Steve Brown, Planning Department
From: Beryl Yasinosky, Community Services
Date: June 3, 1999
Re: Updates/corrections to subdivison ordinance
Section 16.090.040 Tentative Map Form and Content
Add between the 2"a and 3ra paragraph:
A conceptual landscape master plan (CLMrP) shall be prepared which deliniates
proposed landscape improvements to include parks, paseos, trails, open space, parkways,
medians, common areas and slopes. CLMP to be prepared at a scale suitable to show in
detail all proposed improvements in conceptual form. Sections shouM be provided as
needed to provide additional detail.
Section 16.24.080 Complete and Timely Final Tract Map Filing with the Director of
Public Works
No. 18 - Capitalize "Director of Community Services"
Section 16.33.080 General Dedication Requirements
E Change language to read:
If parkland is to be dedicated, park improvement plans shall be reviewed and
approved prior toilhal map approval by the Director of Community Services.
An agreement and securities shall be posted prior to approval ofthefinal map to
guarantee construction of the park to City standards.
Section 16.33.100 Determination of Land or Fee
The minimum park size acceptable for dedication to the City as a provision of this
section shall be three (3) useable acres, unless approved by the Director of
Community Services. Usable acreage for parkland is de~ned as follows:
Proposed parkland must have maximum slope of 2-3% over 90% of the total area
of the park. The remaining 10% may contain slopes greater than 2-3% if
approved by the Director of Community Services. The proposed park must hca'e a
length to width ratio no greater than 2:1. A minimum of two sides of the park
must abut public streets. Sewer, water, electricity and storm drain connections
must be available at the parl~ The Direetor of Cornmunity Services rnust
approve any deviation from these standards.
B. The natural features, access, and location of the proposed park site within (strike
"in') the subdivision available for dedication that are compatible with the location
of existing ............
C. Delete this section in its entirety
Section 16.33.120 Formula for Dedication of Land
(Introductory paragraph is okay)
Average number of person/unit x 5 acres = minimum acreage dedication per 1,000 persons.
1,000
Example for a single family dwelling unit (DU):
3.2! x. 005 ~. O! 605 acres/DU
PARK LAND DEDICATION FOKMULA*
Type of Dwelling
Average Density/Dwelling Unit
Single Family (detached garage) 3.21
Single Family (attached garage) 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) of the Government Code.
Section 16.33.140 Criteria for Requiring Payment of In-lieu Fees
B. (Replace first three sentences with): 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 an. acre of land within the subdivison based on the value of the land as a
recorded map. (final sentence, beginning with "If the City does not accept ..... "to
remain the same)
in COmpliance with the Amedcans with Disabilities Act, If you need spedal assistanCe to padJcipate in this meeUng, please contact the
office of the Community Development Department at (gO9) 694,.~1g0. Notification 48 hours prior to a meeting will enable the C4ty to make
rseennab~e arrangements to ensure accessibility to that meeting [28 CFR 35,102.35.104 ADA Title
ACTION AGENDA
TEMECULA PLANNING COMMISSION
June 16, 1999, 6:00 PM
43200 Business Park Drive
Council Chambers
Tamecula, CA 92590
Resolution Next In Order #99-018
CALL TO ORDER:
FLAG SALUTE:
ROLL CALL:
Chairperson Guerriero
Fahey, Guerriero, Naggar, 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 your name and address.
For all other agenda items a "Request to Speak" form must be filed with the Planning Secretary before
Commission gets to that item. There is a three (3) minute time limit for individual speakers.
COMMISSION BUSINESS
1. Approval of Agenda
ACTION:
APPROVED 4-0
Approval of Minutes from May 19, 1999
ACTION: APPROVED 4-0
e
Power Center Corner Monument
ACTION: APPROVEO 4-0
Revision to Chemicon (PA99-0044)
ACTION: APPROVED 4-0
Public Convenience or Necessity Criteria
ACTION: BRING BACK
Home Depot Workshop
ACTION: BRING BACK 2-2, WEBSTER, NAGGAR VOTED NO TO PLACE ON
AGENDA
R:\WIMBERVG\PLANCOMM\AGENDAS\I999\6-16-99 .doe
PUBLIC HEARING ITEMS
6. Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Project Planner:
Recommendation:
7. Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Case Planner:
Recommendation:
ACTION:
8. Case No:
Applicant:
Location:
Proposal:
Environmental Action:
Planner:
Recommendation:
ACTION:
PLANNING MANAGERS REPORT
COMMISSIONER REPORTS
ADJOURNMENT
Next meetings:
Planning Application No. PA99-0145 (Development Ran)
Sorrento Development
42324 Colt Court (northwest corner of Colt Court and Winchester Road)
Construct a 16,000~ square foot industrial building on a 1.14 acre parcel
zoned for 'Light Industrial" development
Exempt per California Environmental Quality Act Guidelines Section 15332
Steve Griffin
Approval
Planning Application No. PA99-0082 (Development Ran)
Mesquita & Assoc., Fernando Mesquita
6595 Riverdale St., San Diego, CA 92120
27310 Madison Avenue located at the southern terminus of Madison
Avenue.
To construct a 30,690 square foot industrial building with associated
parking and landscaping on a 3.14 acre parcel.
Exempt per California Environmental Quality Act Guidelines Section 15332
Patty Andere, Assistant Planner
Approval
APPROVED 4-0
N/A
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.
CONTINUED TO JULY 7TH
June 30, 1999 @ 6pro, Roripaugh Ranch Specific Plan Workshop
July 7, 1999 O 6:00pm, Regular Planning Commission meeting
City Council Chambers, 43200 Business Park Drive, Temecula, California,
92590
R:\WIMBERVG~PLANCOMM\AGENDAS\I999\6-16-99 .doc
2