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HomeMy WebLinkAbout081899 PC AgendaMc~mp~iance~dth~heAmedca~eithDisab~NesAd~y~uneedspedd~i~anc~par6dpate~n~b~ng~nMh elgce ofde C4mreudty Devebpeent Deparbeentat(O0O)S94-64~. NoU~cation48hows prlorte ameedng wlu enable ffie C~Yt~nake feasonabie anangeme~ts to ensure -,~'--dbiltty to that ~ r29 CFR H,l o2.3sJ o4 ADA TIde Iq TEMECULA PLANNING COMMISSION August 18, f999, 6:00 PM 43200 Business Perk Ddve Council Chambers Temecule, CA 92590 Resoludon Next In Order #99-028 CALL TO ORDER: FLAG SALUTE: ROLL CALL: PUBUC COMMENTS Chairperson Guerriero Fahey, Guerriem, Mathewson, Naggar, and Webster A total of 15 minutes is provided so members of tie public can address tie commissioners on items tiat are not listed on tie Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to tie Commissioners about an item not listed on tie 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 otier agenda items a "Request to Speak" form must be tled witi tie Ranning Secretary before Commission gets to tiat item. There is a three (3) minute time limit for individual speakers. COMMISSION BUSINESS 2. 3. 4. Approval of Agenda Minutes from July 21, 1999 Dimctor's Heedng Update Finding of Public Convenience or Necessity for High Society Billlard and Dart Club PUBUC HEARING ITEMS 5. Case No: Applicant: Location: Proposal: Environmental Action: Planner, Recommendation: Planning ApplicaUon No. PA99-030t (Revisions to previously approved PA98- 0386 Development Plan) John Firestone On the southeast comer of Ranoho Ca[ifomia Road and Ridge Pad< Ddve. The design, construction and operation of a 50,100 square foot speoulative office building witi associated parking and landscaping located on a parcel conta!ning 4.01 gross acres, Determination of consistency with previously certified Mitigated Negative Declaration Patty Andere, Assistant Planner Approval 6. Case No: Applicant: Location: Proposal: Environmental Action: Case Planner. Case Engineer. Recommendation: Planning Application No. PA98-0516 (Tentative Parcel Map No. 29132) Raymond Schooley Soutiwest comer of State Highway 79 and Avenida De Missions To subdivide 6.68 acres of lend into five (5) lots zoned Office Professional. Mitigated Negative Declaration Patty Andere, Assistant Planner Annie Bostre-Le Approval 7, Case No: Location: Proposal: Envimnrnental Action: Planner. Recommendation: 8. Case No: Applicant: Location: Proposals: Environmental Action: Planner:. Recemmendation: PLANNING MANAGERS REPORT COMMISSIONER REPORTS ADJOURNMENT Next regular meeUng: Amendments to the Development Code (Plenning Application PA97-0197) City of Temecula Citywide To amend the Development Code to do the following: 1. Establish standards for Large Family Day Cam Home Fadlities; 2. Establish permiffing requirements for the approval of Large Family Day Cam Home Facilities; 3, Re-categodzing temporary uses; 4. Amend __nc~e__ssor/structure setback requirements; 5. Modify the senior housing. cengregate cam, and affordable housing provisions; 6. Clarify paris of the floor area Patio incentive bonus; and, 7. Make numerous other minor changes to the Development Code. Recommend Adoption of a Negative DedaPation Dave Hogan Approve a Resolution Recommending Adoption of an Ordinance City-initiated General Ran Amendments and Zone Changes (Ranning Application PA97-0291) City of Temec, ula Site I - South side of Via La Veda between Calle Palmas and Via Sevilla. Site 2 - South of the Embassy Suites Hotel between Interstate 15 and Randno Highlands Ddve. Site 3 - West side of Avenida de Missiones nodh of Temecula Creek. Site1- Amend tbe C-eneral Plan Land Use and the Zoning Maps for the City of Temecula for an site identFred as Assessors Parcel Numbers 921-660.026, -027, -041, -042 and located South of Via La Veda between Calls Palmas and Via Seville from Medium Density Residential to Low Medium Density Residential. Site 2 -To amend the General Plan Land Use Map for the City of Temecula for a site identified as Assessors Parcel Number 944-330- 019 and located between Rancho Highlands Drive and Interstate 15 from Open Space to Highway Tourist Commemial. Site 3 -To amend the General Plan Land Use and the Zoning Maps for the City of Temecula for the southerly pertion of a site identified as Assessors Parcel Number 950-120-004 and located west of Avenida de Missiones from Open Space-Consewation to Professional Offioe. Recommend Adoption of a Negative Declaration Dave Hogan, Senior Planner Approve a Resolution Recommending Adoption of an Ordinance September 1, 1999, 6:00 PM, City Council ChamboPa, 43200 Business Park Ddve, Temecula, Catifomie, 92590 R:\W~IBERVG~PLANCOMM~AGENDAS\I999\8-18-99.doc 2 ITEM #2 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION JULY 21, 1999 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:02 P.M., on Wednesday July 21, 1999, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE The audience was led in the Flag salute by Commissioner Webster. ROLLCALL Present: Commissioners Fahey *, Mathewson, Naggar, Webster, and Chairman Guerriero. Absent: None. Also Present: Planning Manager Ubnoske, Deputy Director of Public Works Parks, Attorney Curley, Senior Planner Fagan, Associate Planner Donahoe, Assistant Planner Anders, Project Planner Thornsley, and Minute Clerk Hansen. *(Commissioner Fahey arrived at 6:08 P.M.) PUBLIC COMMENTS No comments. COMMISSION BUSINESS 1. ADDroyal of Auenda It was the consensus of the Commission to hear Agenda Item No. 8 prior to hearing Agenda Item No. 7. MOTION: Commissioner Naggar moved to approve the agenda, as amended. The motion was seconded by Commissioner Mathewson and voice vote reflected approval with the exception of Commissioner Fahey who was absent. PlanCommlminutes1072199 2. Approval of Minutes-June 16, 1999 MOTION: Commissioner Naggar moved to approve the minutes, as written. The motion was seconded by Commissioner Webster and voice vote reflected approval with the exception of Commissioner Fahey who was absent and Commissioner Mathewson who abstained. 3, Director's Hearing UDdate Planning Manager Ubnoske relayed that she was available for questions regarding the Director's Hearing report. For Commissioner Naggar, Assistant Planner Anders relayed that the number of units proposed in the Woodside Homes of California development would be approximately 184. Flow Charts for Gradincl Permit, Buildinq Permit and Final Inspection Process Querying the Commission for input, Senior Planner Fagan presented the staff report, highlighting the process for projects after Commission approval with respect to the grading and building permits, and the final inspection process. Chairman Guerriero and Commissioner Naggar commended staff for their fine work with respect to the informational data provided. 5. Dekkon PA98-0353-Proposed Development Plan Chan~les It was noted that at 6:08 P.M. Commissioner Fahey arrived at the meeting. Due to the proposed significant changes to the previously approved project, by way of color renderings, Assistant Planner Anders presented the staff report; noted the design change form an L-shaped building to a rectangular-shaped building; relayed that at a future point in time this particular project would be presented to the Commission due to the lack of a finding of substantial conformance. For informational purposes, Commissioner Webster expressed his preference for the original color scheme of the building due to its location, Mr. David Whiffield, representing the applicant, provided clarification regarding the inclusion of the corporate office for Huntco Development in the project, as well; and provided additional information regarding the proposed modifications. 6. On The Border PA99-0079-Proposed Mural Reviewing the City's regulatory guidelines which would relate to the proposed project, Project Planner Thornstey presented the staff report; and specified the following: 1) that the General Plan is silent with respect to murals, 2) that the City's Sign Ordinance is PlanCommlminutes1072199 broad and contains no specific language addressing this particular project, and 3) that the Sign Ordinance addresses works of art and the associated approval by staff. Commissioner Naggar relayed that while he was not opposed to this particular mural, that his previously expressed concerns had not been addressed, specifically indicated, as follows: 1) whether or not the project constitutes signage or art, 2) the development for a criteria of approval to ensure consistency, and 3) the precedence that approval of this particular project would set for future similar proposals. After staffs review, providing clarification that the Commission would not be limited by the Sign Ordinance, Commissioner Fahey advised that since the project would be approved based on the particular design of this proposed project, and whether it would be appropriate for this location in the mall, she could support the project. Relaying his opinion that this particular project falls into the category of art due to the lack of a restaurant or business denotation, Commissioner Webster relayed his concurrence with staffs recommendation, advising that this particular project would enhance the mall site. While concurring that this particular mural does constitute art, Commission Mathewson expressed concern regarding setting a precedence with the approval of this project due to the lack of defined guidelines in the General Plan, Sign Ordinance, and Design Guidelines; and relayed concern with respect to the impact of approving future projects. Concurring with Commissioner Mathewson's comments, Chairman Guerriero expressed concern due to the lack of a developed criteria for making a determination of categorizing art or murals; and recommended that a regulatory governing policy be set prior to the approval of this particular project. Commissioner Webster provided the following recommendation for provision of a guideline criteria for similar projects, as follows: 1 ) a mural with provision of historical content relating to the valley, or 2) a mural with provision of representation of current valley activities (i.e., wine, balloons), relaying that this particular project is representative of historical valley events. MOTION: Commissioner Webster moved to approve staffs recommendation. Commissioner Fahey seconded the motion. (This motion was ultimately amended.) Commissioner Naggar recommended that staff develop standards with respect to murals that would serve to regulate size, location, and restrictions regarding the total number of permitted uses, prior to approval of this project; and relayed what without such guidelines, he could not support the project. In concurrence, Chairman Guerriero recommended having staff develop a criterion for approval and then at that point in time bringing this particular project back before the Commission. In response to Planning Manager Ubnoske's querying the Commission for clarification as to whether the request encompassed amending the Specific Plan, the Design PlanComm/minutes1072199 Guidelines, or the Sign Ordinance, Chairman Guerriero relayed that if the Sign Ordinance was modified to include language addressing murals or works of art that this would most likely serve as an appropriate guideline. Due to the time constraints associated with amending the aforementioned regulatory documents, Commissioner Fahey recommended approving this particular project and then, subsequently, begin the process to amend the City's documents for the purpose of approving future projects. In response to Commission comments, Attorney Cudey advised that with respect to setting a precedence of approval for future projects, that if this project would be approved with no regulatory basis it would be difficult to distinguish future similar projects; clarified that if in the interim pedod between approving this particular proposal and a subsequent similar project being brought before the Commission that a regulatory base for approval could be developed, and therefore mitigate the concern regarding setting a precedence, noting that this project would then have no affect on future projects; and queried the Commission as to what specific impact was desired to be addressed (i.e., proliferation, size, uniform design.) While acknowledging the benefit of expediting the matter, Commissioner Mathewson relayed a reluctance to approve this project due to the precedence being set; recommended that murals be regulated City-wide; and queried staff which act would be more expeditious, amending the Specific Plan, or amending the other aforementioned documents. MOTION: Commissioner Webster moved to amend his original motion to maintain accepting staffs recommendation to approve this project while requesting that staff develop the appropriate document to address murals at a later date. (This motion ultimately died for lack of a second.) In response to the Commission, Attorney Curley advised that the amendment of any of the various regulatory legislative documents would take a minimum of approximately 90 days; suggested that the Commission approve and adopt a regulating policy during the interim period between approval of this project and the subsequent weeks, pending the ultimate legislative response, thereby addressing provision of guidelines for future murals. Providing clarification, Planning Manager Ubnoske relayed that she would not recommend amending the Specific Plan; suggested that this project move forward on the building portion of the project while staff investigates amending the Design Guidelines or the Sign Ordinance; and that staff bdng back the amendment to the Planning Commission for approval; and advised that the Commission would then have provision of parameters addressing their concerns; and relayed that the applicant could at that time present the mural to staff or the Commission for approval within the scope of the newly developed parameters. PlanComm/minutes1072199 MOTION: Commissioner Webster moved to approve staffs recommendation to approve the project, as is; and request staff to add additional language to address future murals in order to address the Commissioners' concern with respect to setting a precedence. Commissioner Fahey seconded the motion and voice vote reflected approval with the exception of Commissioners Mathewson and Naggar who voted n_go. (The previous discussed Agenda Item No. 6 was reopened and voice vote was taken again. See page 6.) 7. Home Depot Workshop This Agenda Item was heard after Agenda Item No. 8. (See page 7.) PUBLIC HEARING Plannina Application No. PA99-0236 (Site Plan Revision) and PA99-0012 (Conditional Use Permit}. Request to change the site plan configuration of the shopping center to include the abandon well site and enlarge tow lots for future development. The application is a proposal to build and operate 5,310 square foot tier sales and installation, automotive service and repair facility. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission approve the request. By way of overheads, Project Planner Thornsley presented a detailed overview of the staff report (of record); highlighted site design, noting that a landscape berm would be installed for provision of screening the service bays; presented the line-of-sight diagram for provision of the view from Winchester Road (denoted on Exhibit G per agenda material); noted that the 37% landscape plan far exceeds the 20% requirement; confirmed that this site is zoned Community Commercial (CC); and for Commissioner Mathewson, clarified the rationale for bringing this matter before the Commission, specifying the proposed uses on this particular site. For Commissioner Mathewson, Planning Manager Ubnoske advised that staff typically does not take into account the number of existing similar uses in the area. The applicant's representative relayed that he was available for Commission questions and comments. Chairman Guerriero closed the public hearing at this time. Regarding the Conditional Use Permit, Commissioner Webster cited Finding No. 2 (denoted on page 5 of the staff report) regarding compatibility; and relayed that it was his 5 PlanCommlminutes/072199 opinion that this particular use would not be compatible at this site in this Community Commercial zoning area; and expressed his preference for maintaining this type of use in Service Commercial areas, or with a conditional approval within Highway Tourist Commercial areas, or within the Light industrial areas. Concurring with Commissioner Webster's comments, Commissioner Fahey relayed that it was her opinion that due to the need to screen the service bay areas of this particular project on this predominant corner intersection that this contdbuted to a determination that this project would be an inappropriate use for this particular site. For Commissioner Mathewson, Senior Planner Fagan reiterated staff's finding of consistency, referencing the agenda material. Commissioner Mathewson and Chairman Guerdero relayed concurrence with the previous Commission comments. MOTION: Commissioner Webster moved to deny the proposed project; and for the record clarified that the denial is based upon the incompatibility of the described use on the site and with the adjacent uses, and that the project does not comply with the goals of the General Plan, specifically, the community design element; and that the denial is not based upon the number of other similar uses in that area. Commissioner Fahey seconded the motion and voice vote reflected unanimous approval. (Denied: 5/0) At 6:57 P.M. a shod recess was taken, and the meeting reconvened at 7:06 P.M. Regarding Agenda Item No. 6, Chairman Guerriero relayed that due to the additional discussion surrounding the motion, he misunderstood the final amended motion presented for Agenda Item No. 6. MOTION: Chairman Guerriero moved to reopen Agenda Item No. 6. Commissioner Naggar seconded the motion and voice vote reflected approval with the exception of Commissioner Fahey who voted n__o. At this time the meeting continued back to Agenda Item No. 6o 6. On The Border PA99-0079-ProDosed Mural Attorney Cudey provided additional information regarding reopening this matter and the privilege granted to correct the affirmative vote; provided clarification regarding the final motion made by Commissioner Webster; and voice vote was taken again, as follows: MOTION: Commissioner Webster moved to approve staffs recommendation to approve the project, as is; and request staff to add additional language to address future murals in order to address the Commissioners' concern with respect to setting a precedence. Commissioner Fahey seconded the motion and voice vote reflected denial due to Commissioners Guerriero's, Mathewson's, and Naggar's votes of n__o. (Denied: 3~2) PlanCommlminutes1072199 MOTION: Commissioner Naggar moved to direct staff to further investigate the aforementioned matter in order to formulate a policy and an Ordinance that would provide regulations regarding murals. Commissioner Mathewson seconded the motion and voice vote reflected approval with the exception of Commissioner Webster and Fahey who voted n__o. At this time the meeting continued to Agenda Item No. 7. 7. Home Depot Workshop For the record, the Commissioners relayed that they had had previous correspondence with the applicant's representatives to discuss associated issues regarding the Home Depot project. Providing a brief overview, Associate Planner Donahoe presented the staff report (via agenda material); specified the four ultimate requests for approval, as follows: 1) a Parcel Map, 2) a Development Plan for the 23-acre parcel, 3) the Specific Plan Amendment, and 4) the Development Agreement; relayed the areas of concern that staff would desire the Planning Commission to provide further input, as follows: 1) the Village Center Concept with respect to this proposed project, 2) the design elements proposed, 3) the elevations, in terms of scale and mass, 4) the specific location of the uses, and 5) the outdoor display area encompassing 2500 square feet. Mr. Allan Davis, representing the applicant, introduced the consultant team; presented the current design for the retail Village Plan; relayed the applicant's intent to meet the goal of incorporation of the Village Center Concept; specified the location of the specified Centers; provided additional information regarding the Home Center, the Sports Center, the Plaza, inclusive of the food uses for the enhancement of the corridors, and the alternate casual eating areas; and reiterated in further detail the associated approval processes for this particular project. Mr. Kareem All, representing the applicant, presented the elevations and site plan for this particular project; specified the enhanced building articulation; and provided specification as to the landscape plan, and the location of the Home Depot use. Mr. Allan Davis further clarified the approval process, and the desire to receive input from the Planning Commission; and specified the street configuration proposals, inclusive of the cul-de-sac, and the through-street options. Mr. Brett Kratzer, representing the applicant, further specified the site plan, noting the plan to unify the entire property; highlighted the location of the plazas, parking area, and the village design aspects of the site; relayed the goal to avoid maintaining long facades of blank walls, and the plan to incorporate pedestrian pockets, varying roof sizes, varying storefronts, and varying utilization of building materials; noted the additional amenities the project encompassed; and provided additional information regarding future signage and lighting. 7 PlanCommlminutes1072199 Mr. Allan Davis presented an overview of the proposed operational plan, inclusive of the associated multi-functional space within the parking lot; highlighted the site plan, inclusive of the sub-areas within the retail Village portion of the project, and the conditional use permit; and in conclusion invited the Commission to provide input and direction. Commissioner Naggar relayed his comments and concerns, as follows: Queried the location of the Daycare Center with respect to the close proximity to the Home Depot use, and the impacts associated with the two points of access Recommended provision of information regarding the traffic impacts associated with the creation of the cul-de-sacs and the proposed access points Requested clarification with respect to the pedestrian links With regard to safety, requested data regarding the access points to the Center Relayed a desire for additional information regarding the parking plan, and the potential impact to the residential areas Requested provision of a comparative summary of the difference between this particular Home Depot use and the Home Depot use located in the City of Murrieta Suggested incorporating specialty fountains into the Children's Center (i.e., simulated wave fountain, pop-up fountain) Recommended further articulation on the Home Depot building design Relayed his preliminary preference to not cul-de-sac the area In response to Commissioner Naggar's comments, Mr. Allan Davis provided clarification regarding the pedestrian links; relayed the current Development Agreement with respect to the Master Plan, and the proposed Development Agreement; concurred with Commissioner Naggar's recommendation to incorporate interactive water uses in the Center for the enjoyment of the children. Commissioner Fahey relayed her comments and concerns, as follows: Noted that she strongly supported the cul-de-sac concept Relayed that she was pleased with the modified layout at the Village Center Recommended further enhancement of the building architecture at the Home Depot site 8 PlanCommlminutes1072199 Commended the applicant on their diligent preliminary efforts to implement the Village Center concept at this difficult site Commissioner Webster expressed his comments and concerns, as follows: Queried the various alternate street configurations Relayed that in light of the site constraints, the applicant has done well to incorporate the Village Center theme Advised that the street configuration with the through street would be more conducive to a Village Center theme verses the cul-de-sac option Recommended that Campanula Way be maintained as a through street Relayed that a center median would provide various benefits, including improved circulation Advised that he would not support the cul-de-sac option with respect to street configuration options (relayed his strong opinion regarding this issue) With respect to the outdoor seasonal area, recommended locating that podion of the project on the side of the building between the Lucky's and Home Depot uses Regarding the Village Buildings, recommended there be frontage provided along Campanula Way, as well as, along the parking area Recommended recon~guring the building location at the east end of the project along Meadows Parkway to reflect two buildings at the east end with a Plaza area in the center (Relayed his strong opinion regarding this issue) In response to Commissioner Webster, Mr. Allan Davis presented the preliminary street configuration options, and the associated access points. For Commissioner Webster, Mr. Bob Davis, representing the applicant, provided additional information regarding the original intent of the Specific Plan and the current generation of low volumes of traffic in the area; provided additional information regarding the street configuration options, and the associated impacts; relayed that if the cul-de- sac option would be adopted there would be existing provision to adequately accommodate the additional traffic; for Commissioner Naggar, further clarified the impacts with respect to the cul-de-sac option and the associated parking; and recommended that the project incorporate angled street parking verses parallel parking. Deputy Director of Public Works Parks relayed that the Public Works Department would most likely not support on-street angled parking; for Commissioner Mathewson, clarified the additional potential for liability issues associated with angled parking; noted that staff had requested that the applicant provide provision of traffic studies with regard to the impact associated to the street configurations, specifically with respect to the cul-de-sac 9 PlanCommlminutes/072199 or thoroughfare options in order for staff to evaluate the impact with respect to the general circulation; clarified that the Public Works Department has not made a determination of support or lack of support for the cul-de-sac concept; and noted the advisement relayed to the applicant regarding consideration of rotating or reversing the building configuration. Mr. Barry Burnell, representing the applicant on the adjacent property, provided additional information regarding the adjacent property's potential proposed plan and the associated pedestrian access; and relayed that he was of the opinion that this particular proposed project blends the uses in a cohesive manner. Commissioner Mathewson relayed his comments and concerns, as follows: Queried the impact of the location of the Home Depot use with respect to the pedestrian link Relayed that he was in favor of the development of the Village Center Concept Requested that staff further review the cul-de-sac street configuration option and the associated angled parking issue Queried the compatibility of the Daycare Center use located adjacent to the Home Depot loading area, specifically regarding the air quality impact generated from the trucks Recommended provision of a line-of-sight diagram for the view from the residential areas to the site, specifically with respect to the loading dock area Regarding the permitted uses, recommended that the proposed uses are reviewed by staff to ensure consistency to the Village Center Concept With respect to the multi-functional area in the parking lot, recommended that additional treatments be added to facilitate a cohesive pedestrian area For Commissioner Mathewson, Mr. Allan Davis provided additional information regarding the rationale for the location of the Daycare Center. Chairman Guerriero's comments and concerns were relayed, as follows: Relayed that he was in favor of the cul-de-sac design, with the provision of the appropriate controls Noted that he was opposed to angled street parking Recommended that the Home Depot building be further enhanced, specifically addressing the rear of the building 10 PlanCommlminutes1072199 Relayed that he was in favor of the Village Concept and was pleased with the represented color renderings Recommended that the Fire Department evaluate provision of adequate emergency access with respect to the cul-de-sac street configuration option For Chairman Guerriero, Mr. Allan Davis provided additional information regarding the proposal to reverse the Home Depot building site; and relayed the applicanrs desire to further work with the Public Works Department to develop an appropriate site plan. Mr. Frank Coda, representing the applicant, relayed that the Temecula Home Depot site would have additional parking and additional square footage in comparison to the Murrieta Home Depot; relayed the basis for the impact associated with the access points at the Murrieta site; noted that the proposed design would basically be the final design presented, relaying the warehouse concept that would be incorporated into the design; provided additional information regarding modifying the rear of the building, and the potential to add additional articulation to that elevation; noted that a 12-foot wall would most likely screen the loading area; for Commissioner Mathewson, clarified the use of the seasonal outdoor area; for Commissioner Naggar, relayed the limitations regarding adding additional articulation on the building; and for informational purposes relayed the applicant's intent to further work with staff regarding the building design. In response to Mr. Coda's comments, for the record Planning Manager Ubnoske relayed that there is no current agreement with the City of Temecula to approve or accept the current Home Depot Design, as proposed. Mr. Allan Davis clarified the proposed Home Depot design, noting the plan to further enhance the adjacent uses within the Center; relayed the process of working with the City of Temecula; and thanked the Commission for their consideration and input regarding the Home Depot Project. Plannin~l Al~l~lication No. PA99-0236 (Site Plan Revision) and PA99-0012 (Conditional Use Permit). This Agenda Item was heard out of order, see page 5. PLANNING MANAGER'S REPORT Planning Manager Ubnoske relayed that if it was the desire of the Commissioners to take a tour of the mall site that they correspond with Val in the Planning Department. Regarding the upcoming Design Workshop, Planning Manager Ubnoske relayed the potential of the Workshop being cancelled due to the lack of available speakers. PlanComm/minutes/072199 COMMISSIONER REPORTS Commissioner Naggar noted that with respect to the lettier received from the Temecula Valley Citizens for Responsible Growth, regarding the Roripaugh Ranch Project, that after numerous attempts he was unable to contact any person from the organization. For the record, Commissioner Naggar relayed that he had corresponded with representatives from the Roripaugh Ranch project. With respect to Commissioner Mathewson's comments regarding vehicles being parked at Meadows Parkway and Rancho California Road, Chairman Guerriero relayed the appropriate phone correspondence in order to contact the governing agency. In response to Commissioner Webster's querying regarding the grading project along Winchester Road, Deputy Director of Public Works Parks provided additional clarification, specifying the associated soil conditions. For Commissioner Webster, Planning Manager Ubnoske provided additional information regarding the Meadowview Golf Course submittals to the City, noting the recent receipt of the formal application. Regarding the Porto~no Project on Rancho California Road, Chairman Guerriero recommended that the level of the screening on the tennis court be raised for the purpose of ensuring safety. ADJOURNMENT At 9:06 P.M. Chairman Guerriero formally adjourned this meeting to Wednesday, Au~!ust 4. 1999 at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. Ron Guerriere, Chain'nan 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 August 18, 1999 Director's Hearing Case Update Planning Director's Agenda items for July 1999: Date Case No. July 29, 1999 PA99-0031 Proposal The design and construction of a 6,867 square foot commercial building on a 30,056 square foot lot for a veterinarian clinic and additional retail/office Attachments: 1. Action Agendas - Blue Page 3 Applicant Clayton Hill, DVM Action Approved \XTEMEC_FS101\VOLl\DEPTS\PLANNING\DIRHEAR\MEMO\1999Uuly 1999,memo.doc 1 ATTACHMENT NO. 1 ACTION AGENDAS \\TEMEC_FSI01\VOLl\DEPTS\PLANNING\DIP, HEAR\MEMO\1999XJuly 1999.memo.doc 2 ACTION AGENDA TEMECULA DIRECTOR'S HEARING REGULAR MEETING JULY 29, 1999 1:30 PM TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Matthew Fagan, Senior Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address to the Senior Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Senior Planner about an item not listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Senior Plarmer. When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request to Speak" form must be filed with the Senior Planner before that item is heard. There is a three (3) minute time limit for individual speakers. PUBLIC HEARING Case No: Applicant: Location: Proposal: Environmental Action: Case Planner: Recommendation: ACTION: Planning Application No. PA99-0031 (De,~elopment Plan Clayton Hill, DVM East side of Winchester Road south of Nicolas Road The design and construction of a 6,867 square foot commemial building on a 30,056 square foot lot for a veterinarian clinic and additional retail/office space. This project is exempt from further evaluation under CEQA Section 15332 (In-fill Development Projects). Thomas Thomsley Approval APPROVED ADJOURNMENT P:\PLANNING\DIRHEAR\I999\7-29-99.AGENDA.doc ITEM #4 CITY OF TEMCULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Debbie Ubnoske, Planning Manager August 18, 1999 Finding of Public Convenience or Necessity for the High Society Billiard and Dad Club located at 27496 Commerce Center Drive. Prepared by: Camle Donahoe, AICP. Associate Planner and Paul Swancott Planning Intem GENERAL PLAN DESIGNATION: GENERAL PLAN: Subject: North: South: East: West: EXISTING ZONING: SURROUNDING ZONING: Service Commercial Service Commercial Service Commercial Service Commercial Service Commercial Service Commercial Service Commercial Service Commercial (SC) (SC) (sc) (SO) and Light Industrial (LI) (SC) and Community Commercial (CC) (SO) and Open Space (OS) (SC) (SC) BACKGROUND The applicant is requesting the Temecula City Planning Commission make a finding of public convenience or necessity in order to sell beer at their proposed new billlard hall located at the northeast comer of Commerce Center Ddve and Ovedand Ddve. The billlard hall has been in existence since 1993 at 27309 Jefferson Avenue, and currently possesses a Type 40 (on sale beer only) permit from the Califomia Department of Alcoholic Beverage Control (ABC). The applicant is re-locating to a larger location. According to the owner, Michael Dean McMillen, he will immediately surrender the current permit upon issuance of the new permit. State law requires a local finding of public convenience or necessity before a beverage sales license will be transferred/issued by the Alcoholic Beverage Control Board. R:~TAFFRPTX113PA99 PC.doe Plannine Aoplication No. PA99-0113 (Minor Conditional Use Permit) On August 12, 1999 a Directors Hearing was held to consider the conditional use permit required for a billlard pador in the Service Commemial zone. The Headng Director approved the permit, after headng testimony both in favor and in opposition. The pdmary concern of those in opposition was the consumption of alcohol across Commerce Center Ddve from their own facilities. A copy of the staff report, which includes the letters in opposition, are attached to this report. Additional information provided by the applicant regarding the management and operations of the Club are also included for your review. ANALYSIS The Planning Commission has developed several cdteda to determine whether or not a finding of public convenience or necessity can be made. The cdteda and the responses are as follows: Criteria to Justify Making a Findim3 of Public Convenience or Necessity Q. Does the proposed establishment have any unique features, which are not found in other similar uses in the community (i.e. types of games, types of food, and other special services)? A, Yes. High Society Billlard and Darts Club is unique because it is one of a few Billlard and Dart Clubs represented in the Temecula Valley. The Club also offers retail sales and service of dartboard accessories to other locations throughout the area. The Club offers Billlard and Dart league representation at the national level. Q. Does the proposed establishment cater to an under-served population (i.e., Patrons of a different socio-economic class)? A. Yes. Males generally dominate the billlard and dart industry. However, the Club offers free lessons and play for women everyday from 11:00 AM to 7:00 PM. Q. Does the proposed establishment provide entertainment that would fill a niche in the community (i.e. comedy club, jazz club, etc)? A. Yes. The High Society Billlard and Dart Club focuses on providing a clean and wholesome atmosphere and seeks to attract families and their children. The establishment fills a niche in the community by offedng a family orientated entertainment facility. Q. Are there any geographicel boundaries (i.e. dvers, hillsides) or traffic barTiers (i.e. freeways, major roads, major intersections) separating the proposed establishment from other establishments? Yes. The High Society Billlard and Dart Club will be located on the west side of the Interstate 15 freeway, within one mile of the new Ovedand Bddge. The majority of entertainment centers, such as movie theaters, regional mall, skate park. community recreation center and duck pond, are all located on the east side of the freeway. Q. Is the proposed establishment located in an area where there is a significant influx of population dudng certain seasonal pedods? No. The proposed establishment is itself a semi seasonal operation, according to its owner. The seasonal periods that will result in increased patronage of the establishment are the fall and winter months. As a result of colder temperatures combined with shorter days a greater need for inside entertainment is created. However, its location is an area of relatively stable population. R:~STAFFRPTx113PA99 PC.doe 2 Criteria to Not Justify Makin~l a Findin¢l of Pubic Convenience or Necessity Q. Is there a proliferation of licensed establishments within a quarter mile of the proposed establishment? A. No. Currently there are fifteen (15) licensed establishments within a quarter mile of the proposed business. All ten are located to the west of 1-15. However, none of the ten is a billiards, pool hall or dart facility. Q. Are there any sensitive uses (i.e. schools. parks, hospitals, churches) in close proximity (600 feet) to the proposed establishment? Yes. The Calvary Chapel Christian Academy has a Youth Center and Children's Ministry located across the street at 27475 Commerce Center Ddve. At 27485 Commerce Center Ddve, the Royale College of Beauty operates classes in cosmetology for students 16 years and older. Within one block the following schools are located: the Temecula Valley Stars Cheedeading School and the Southem California Elite Gymnastics Academy. Also within one block is the Brentwood Montessori School. Except for the Montessori School, these other uses have evening and daytime activities. Q. Would the proposed establishment interfere with the quiet enjoyment of their property by the residents of the area? A. No. There are no residences in the area. Q. Will the proposed establishment add to law enforcement problems in the area? A. No. According to the Police Department, the High Society Billlard and Dart Club is not expected to create or exacerbate law enforcement problems in the area. Number of Similar uses within the City One (1) other establishment, the "Q" Club, located at 27911 Front Street offers billiards and darts in a similar environment in the City of Temecula. Number of other licensed establishments within I Mile and 3 miles There are thirty-two (32) licensed establishments within a one (1) mile radius of the subject establishment. These licensed establishments include restaurants, bars, mini-marts and grocery stores. The three mile (3) radius encompasses the remainder of the licensed establishments within the City of Temecula. CONCLUSION Staff recommends the Planning commission review the information included in this report and make the appropriate finding. Attachments: 1. A. Vicin~ Map with % Mile Radius - Blue Page 4 B. Zoning Map C. General Plan 2. Correspondence: Alcoholic Beverage Control Board (ABC) Application & instructions - Blue Page 5 3. Director's Headng Staff Report dated August 12, 1999 - Blue Page 6 4. Applicant's Informational Handout (under separate cover) - Blue Page 7 R:~STAFFRP'~II3PA~9 PC,doc 3 ATTACHMENT NO. 1 VICINITY MAP ZONING MAP GENERAL PLAN R:~STAFFRF~113PA99 PC.doc 4 CITY OF TEMECULA High Society Billlard and Dart Club Public Convenience and Necessity Cities.shp I~ MURRIETA 0 300 600 90012001500 Feet F'ITEMECULA r ~ ~ Parcels Street Centerlines N CASE NO. - High Society Billiards and Dart Club EXHIBIT- A PLANNING COMMISSION DATE - August 12, 1999 VICINITY MAP SC CiTY OF TEMECULA "Project Site EXHIBIT B o ZONING MAP DESIGNATION - Service Commercial (SC) EXHIBIT C - GENERAL PLAN DESIGNATION - Service Commercial (SC) CASE NO. - High Society Billiards and Dart Club PLANNING COMMISSION DATE - August 12, 1999 ATTACHMENT NO. 2 CORRESPONDENCEFROM ALCOHOLIC BEVERAGE CONTROL BOARD R:~TAFFRPTXII3PA~9 PC.doc RECEIVED JU.N 2 CAL~FOINIA 1999 DROPPING PARTNER YES NO APPLICATION FOR ALCOHOL BEVERAGE LICENSE(S) TO: Department of Alcoholic Beverage Control 3737 Main St., Suite 900 Riverside, CA 92501 · (909) 782-4400 File Number ..............355030 Receipt Number .........1239338 Geographical Code ........3322 Copies Mailed Date 6/21/99 Issued Date DISTRICT SERVING LOCATION: Name of Business: Location of Business: Number and Street City, State Zip Code CounW Is premise inside city limits? RIVERSIDE HIGH SOCIETY BILLlARD & DART CLUB 27496 COMMERCE CENTER DR TEMECULA CA 92590 RIVERSIDE YES Mailing Address: (If different from premise address) If premise licensed: Type of license Transferors namesfiicense: 29860 CAMINO CRISTAL MENIFEE CA 92584 Licen~ TYpe Transaction Type l*ee TYPe Ma~ter DUm Date 1. 40 ~-S~ 9g~ ORIG~ ~ ~ 0 21-~-1999 $200.00 : 2. 40 ON-S~E BE~ ~ FME ~ ~S 0 21-~-1999 S205.00: TOTAL $405.00 Have you ever been Have you ever violated any provisions of the Alcoholic Beverage Control convicted of a felony? NO Act, or regulations of the Department pertaining to the Act? N O Applicant agrees (a) that any manager employed in on-saJe licensed premise will have all the qualifications of a licensee, and (To) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic 8everege Control Act. STATE OF CALIFORNIA County of RIVERSIDE Dam JUN 21,1999 Applicant Name(s) Applicant Signature(s) ,/' / / ABC 211 (4/98) APPLICANT(S)NAME In~rmafion & Instructions 23958.4 M C MILLEN, Michael Dean PREMISES ADDRESS: Type of License Census Tract: 0432.04 Number of Licenses Allowed: Crime Reporting District: Crimes in Reporting District 27496 Commerce Center Dr. Temecula, Ca. 92.590 (for Types 20,21. 6~. 42 & 48) 28 Number of Existing Licenses: 82 Number Pending Licenses: Reporting District Average The above premises is located in an area which has an overconcentration or higher than average crime rate as defined in Section 23958.4 of the Business & Professions Code. The Department is required to deny your application unless it can be shown that public convenience and necessity will be served by issuance of another license in this area. Section 23958.4 requires you to obtain a letter from the local jurisdiction whereto your premises will be located reflecting that they agree that issuance of the applied for license will meet the public convenience and necessity standards for their commun!~. It is very important that you obtain this letter immediately after filing your application. If the local jurisdiction does not approve there is the likely hood your application will be denied. Please discuss any questions you may have with your interviewer or your Investigator. Your application cannot be submitted for approval without this information. ATTACHMENT NO. 3 DIRECTOR'S HEARING STAFF REPORT DATED AUGUST 12, 1999 R:~TAFFR~T~113PA~9 PC.doc 6 Planning Application No. PA99-0113 (Minor Conditional Use Permit) For High Society Billiards and Dart Club August 12, 1999 Director's Hearing Planning Application No. PA99-0113 (Minor Conditional Use Permit) is a request to operate a billlard and dart club at 27496 Commerce Center Drive, Unit "C", which is located at the northeast corner of Commerce Center Drive and Overland Drive. The High Society Club currently operates a facility at 27309 Jefferson Avenue and wishes to relocate in order to expand retail sales of related supplies and equipment. The Club seeks to provide clean and wholesome entertainment for families and their children. The applicant also desires to transfer his existing license to dispense alcoholic beverages at the proposed facility and is concurrently requesting that the City Planning Commission make a Finding of Public Convenience and Necessity in order that he may obtain a new license for the proposed location. The Planning Commission shall consider the request at their August 18, 1999 hearing. The proposal, as conditioned, is consistent with the City's General Plan and Development Code. The site is designated by the General Plan and zoned SC Service Commercial. Billlard parlors are permitted in this zone upon approval of a conditional use permit. City Departments have reviewed the site plan and floor plan and have provided conditions of approval for the project. The Police Department indicates that there have been no calls to the existing facility, A Notice of Public Hearing was published and mailed to adjacent property owners. Staff has received a written response to the Notice from the Assistant Pastor Nick LaBruno and Youth Minister Keith Maxcy of the Calvary Chapel which is located across the street from the project site. Their letters in opposition are attached to this staff report. The project is exempt from the California Environmental Quality Act in accordance with Section 15301 Class 1, because the project is proposed to be housed in an existing commercial building with no exterior alterations or additions. The proposed use does not involve an expansion of uses beyond those previously approved for the site. Staff recommends that the Planning Director approve Planning Application No. PA99-0113 (Minor Conditional Us Permit) based upon the findings and attached conditions of approval. This concludes staffs presentation. Staff is available to answer any questions. R:\STAFFRPT~113pa99.STAFFRPT.E)H.doc Planning Application No. PA99-0113 (Minor Conditional Use Permit) FINDINGS: The proposed conditional use permit is consistent with the General Plan and the Development Code. The site is designated by the General Plan and zoned SC Service Commercial. Billlard parlors are permitted in this zone upon approval of a conditional use permit. City Departments have reviewed the site plan and floor plan and have provided conditions of approval for the project. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The uses in the vicinity are a mixture of furniture showrooms, restaurants, small retail shops, offaces, auto and motorcycle repair, schools, a daycare center and a church, all within the SC Service Commercial zone. Several of these uses, such as religious institutions and daycare facilities, themselves require a conditional use permit. Other uses, such as the retail shops, offices and auto repair would generally be closed during the peak business hours of the project. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The proposed use will be housed in an existing structure which already provides the required features prescribed by Code. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project has been conditioned to comply with measures that ensure the health, safety and general welfare of the community. The project proposes to offer family entertainment. Police records indicate no calls have been made to the existing facility. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole. R:\STAFFRpT~I 13pa99 .STAFFRPT.DH .doc 2 ATTACHMENT NO. 1 CONDITIONS OF APPROVAL R:\STAFFRPT~I 13pa99.STAFFRPT.DH.dOC 3 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA99-0113 (Minor Conditional Use Permit) The use hereby permitted is for the operation of a billlard and dart club with retail sales and service of supplies and equipment, in a 6,048 square foot suite within a commercial building at 27496 Commerce Center Drive Assessor's Parcel No.: 921-480-055 Approval Date: August 12, 1999 Expiration Date: August 12, 2001 PLANNING DEPARTMENT General Requirements The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hotd harmless, and defend with Legat 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. The applicant shall comply with all conditions of approval for Planning Application No. PA99-0113, unless superseded by these conditions of approval. All these conditions shall be complied with prior to any occupancy or use allowed by this conditional use permit. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 5. Hours of operation shall be between 11 a.m. and 2 a.m., seven days a week. R:\STAFFRpT'~113pa99.STAFFRPT,DH,dOC 4 BUILDING AND SAFETY DEPARTMENT Comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 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. 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. 9. Obtain all building plans and permit approvals prior to commencement of any construction work. 10. The Occupancy classification of the proposed buildings shall be A-3. 11. Provide Occupancy approvals for all existing buildings (i.e. finale building permits or Certificate of Occupancy) 12. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 13. Provide van accessible parking located as close as possible to the main entry. 14. Show path of accessibility from parking to furthest point of improvement. 15. Restroom fixtures, number and type, to be in accordance with the provisions of the 1996 edition of the Uniform Plumbing Code, Appendix C. 16. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 17. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 18. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 19. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. R:\STAFFRPT'~113pa99.STAFFRPT,DH.dOC 5 PUBLIC WORKS DEPARTMENT - None. 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. 20. 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 California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 21. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC 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 400 GPM for a total fire flow of 1900 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. (CFC 903.2, Appendix Ill-A) 22. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC 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. (CFC 903.2, 903.4.2, and Appendix Ill-B) 23. As required by the California 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. (CFC 903.2) 24. 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 80,000 Ibs. GV~N with a minimum AC thickness of .25 feet. ( CFC sec 902) 25. 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. (CFC 902.2.2.1) 26. 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. (CFC 902.2.2.4) 27. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) R:\STAFFRP"~I 13pa99.STAFFRPT.DH.dOc 6 28. 29. 30. 31. 32. 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). (CFC 901.4.4) 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, (CFC Article 10, CBC Chapter 9) 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. (CFC Article 10) 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. (CFC 902.4) 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. (CFC 902.4) OTHER AGENCIES 33. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated April 9, 1999, a copy of which is attached. By placing my signature below, I confirm that I have read, I understand and I accept all the above mentioned Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Name R:\STAFFRpT~113pa99.STAFFRPT.DH.dOC 7 TO: FROM: RE: ' COUNTY OF RIVERSIDE DEPARTMENT OF ENVIRONMENTAL HEALTH DATE: April 9, 1999 CITY OF TEMECULA PLANNING DEPARTMENT CONDITIONAL USE PERMIT NO. PA99-0113 1. The Department of Environmental Health has reviewed the Conditional Use Permit No. PA99-0113 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 items 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 submitted, including a fixture schedule, a finish schedule, and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. For specific reference, please contact FOod Facility Plan examiners at (909) 694-5022. CH:dr (909) 955-8980 NOTE: Any current additional requirements not covered, can be applicable at time of Building Plan review for final Department of Environmental Health clearance. cc: Doug Thompson stand3b.cloc {Tuesday August 10, 1~ 3:~,Tpe -- Page 2{ 0,S/11/99 06:31 P/tJ: [~lO2 lUly2, 1999 Investigator Riverside District Office 3737 Main Stre~ Suitc 900 Rivehide, CA 92501 TIffs leller is in response to a proposed business named, High Socie4:y BilU~cl & Dart Club at 27496 Commerce Center Drive. Tcmccula. We do not feel that such a business is appropriate at thLs location_ There vnli be alcohol consumption, opponunily for gambling at Ihe pool tables, as well as video games that will a~aet the youth in our community. Our youth center 27457 Commerce Center Dr. is directly across from the prolmsed establishment. Our concern is obvious. We would like to continue to have a safe environm~t to teach our kids. H;gh Society Billiaxd &Dm Club will be serving alcoholic beverages of aJl types which wall create a dangerous environment for our kids. Of particular concern to us is drivers leavln~ tha club after consuming alcoholic beverages. I would ~ to protest the issuance of a license to operate this kind ofb-fin~.ss near ou~ churek P~or Nick LaBrune Assistant P~or Chapel Tem~l~ IT~scby Aq.~ust_lO, lc~9 3:&7;m -- Page )l 08/].1/99 08:31 FAZ Z~O3e Ta mt , August 10, 1999 Dear Carol Donahoe, My name is Kdth Maxcy and I am the Youth lVfinixter for Calvary Chapd of Temeo,h We have over 200 Jr. & St. Itgh kids in our youth group. Many of them are strong Christians who love th~ Lord and are devoted to sharing that love with others. However, some of our kids struggle with the temptations of drags & alcohol. To put a pool hall that serves beer less than 100 feet fi-om our youth rxnt~r would i~ a detriment to what we are trying to aczomplish in the lives of these kids. Not to mention the potemial for disaster. Dnmk men laving the establishment would see on a regular basis vulnerable, young women directly a~ross the street. I am sure this pool hall would be vea3t surxtssful, but for all rig wrong reasons. Thank you vepj much for your time and attention. Please feel free to call me for a more tonnation. Sincerely, KeithMax Youth l~l;ni~ter Calvar,/Chapel of Temeoala 27462 Enterprise Circle West · Temecula, California 92590 (909) 699-0553 · Fax (909) 694-9533 · calvrytm@iinekcom · www. calvarychapd.com/temeculavalley IWed,,esday August 41, !c~9 1:45~a~ -- Page ~,~, EOYAI F COLLEGE OF BEAUTY 274g5 COMMERCE CENTER DRIVE TE~IECULA, CALIFORNIA 92590 Re.' Proposed Pool H,~ B~ ~ bc locaV, d i- In considcrin~ mc propeal to opcn a pool/HlSard parlor busincss a~,s Ihc sU~ct from our school me following vcry serious i~mes ar~ of concern to ~ Wc court, among our Uud=nt body lhirt3r-fivc to forty young !adics who axz sl!~in kigh school, and rang: in age flora six:h~n and up. Our school schedule coin~.wid~ the hours fig busine~ would bc open urving alcohol and aUr~,g pcoplc of-ill ages who arc ,- dS~m'hlc tO comumC alcohol Wc do not bdicvc a *faney' center ickycs alcohol, ~ , =** W'd~n a one-block rad/m m*c serial locatiom whcrc minors are ~ and/or :' carol for, such as Rcryak Co!Icg~, Calvary Chal~ Youth Center an~ **~y, ;* Mont:sorri School and Day C_,m~ a Dance Academy and Chccd~ School, : for Community ColL-ge mulems, numy of whom arc undragc for ~ cotuumption, ~ I ha~ spoken with the Rivcnidc Comity of]~,~ of the California R~ Occupa~iotuI !- Program which adminisUn m~ hi~h school Sh,a,~t progra~ Wc i~c.a dr, cp : con= for mc welfare of ~ hc~ and take ~ seriouS/err ~mp0em~,~xy t~ thc ~ parents of tbcse sXudents ~ tnahr~n a safe a~d cduca~o ' ' school !' schools and acadcn~cs ~ ~is atu of Tcmec~d~ ~Wcccrt/hdyrgxpcc[gtcfi~c~thi'dlcb~u~nessowncr~scx3g~.wt;r. ce:b~aE, v~x~for '~Jdmsclfand h~s fan~y, b~ fool fhax a d~:~cx~nf locale would be ~n h~l*.bcsa;/ox~-xcfrn ~-~cst and ~ax of us and our nc~ghbor~ hcrc. iiWe plan m atL-'nd the hearing on August 12 x~'gardlng ehis issue, andjlnmt that it ~wi~ bc resolved by tl~ Planning Commission. ATTACHMENT NO. 4 APPLICANT'SINFORMATIONALHANDOUT (UNDERSEPARATE COVER) R:~TAFFRl~l13PA99 7 ITEM #5 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Debbie Ubnoske,"~lan~ng Manager August 18, 1999 Proposed Changes for Planning Application PA 99-0301 (previously approved as PA98~0386 Development Plan), for the property located on the southeast corner of Rancho California and Ridge Park Drive Prepared By: Patty Anders, Assistant Planner The Planning Commission approved PA 99-0386 (Development Plan) on November 18, 1998 for the design, construction and operation of a 51,298 square foot office building. Subsequent to that approval, the developer decided to improve the overall design, further enhancing its appearance as a high-end office building. The building is now being proposed at approximately 50,100 square feet. The predominant changes are to the exterior elevations, which did result in some minor changes to the overall site design. The exterior changes are: extensive use of green colored glass, the main entry was modified from a curved to a square amhitectural element, slightly different color scheme (from white to light gray), the loss of the subterranean garage and roof deck, slightly more 'landscaping and eighteen (18) additional parking spaces. The main components of the design are comparable to what was originally approved; however, staff felt the changes were significant enough to warrant bringing the project back to the approving body. Attached are copies of the proposed structure, as well as a colored copy of what was originally approved. All previous conditions of approval are in effect and made a part hereof. Attachments: 1. Previously Approved Conditions of Approval - Blue Page 2 2. Resolution No. 98-043 approving PA98-0386 - Blue Page 3 3. Revised Exhibits: (available on request) Site Plan Elevations Floor Plans Landscape Plans Colored Rendering Previously Approved Colored Rendering \\TEMEC_FSI01\VOLI\DEPTS\PLANNING\STAFFRPTX301PA99PC-MEM.doc ATTACHMENT NO. 1 CONDITIONS OFAPPROVAL \\TEMEC FSI01\VOLI\DEPTS\PLANNING\STAFFRPT\301PA99PC-MEM.doc 2 EXHIBIT A CiTY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA98-0386 (Development Plan) Project Description: The design and construction of a two-story, 51,289 square foot speculative office building with associated parking and landscaping on a 3.05 acre site. Assessor's Parcel No.: 940-310-029 Approval Date: November 18, 1998 Expiration Date: November 18, 2000 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicantJdeveloper shall deliver to the Planning Department a cashiers check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Determination with DeMinimus Finding required under Public Resources Code Section 21108(a) and Califomia Code of Regulations Section 15075. If within said forty-eight (48) hour pedod the applicantJdeveloper has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). General Requirements The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof. and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its offcars, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Specific Plan Amendment which action is brought within the appropriate statute of limitations pedod and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21:167). City shall promptly notify the developedapplicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. 3. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. ~\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRPT~386pa98pc. ,doc 9 4. The applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program. The development of the premises shall conform substantially with Exhibit D, or as amended by these conditions. a. Two (2) Class I lockers or Class II bicycle racks shall be provided. b, A minimum of one hundred sixty seven (167) parking spaces shall be provided. c. A minimum of six (6) handicapped parking spaces shall be provided. Landscaping shall be provided in substantial conformance with Exhibit "E" (Landscape Plan), or as amended by these conditions, Landscaping installed for the project shall be continuously maintained to the satisfaction of the Planning Manager. If it is determined that the landscaping is not being maintained, the Planning Manager shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The maintenance of all landscaped areas shall be the responsibility of the developer. The landscaping on the east slope shall be improved to the originally approved condition. Building elevations shall conform substantially to Exhibit F and Exhibit G (color elevations), or as amended by these conditions, Colors and materials used shall conform substantially with Exhibit H, or as amended by these conditions (color and material board). Materials Extedor Wall Finish (Stucco) Exterior Wall Finish (Stucco) Exterior Wall Entry (Ceramic Tile) Exterior Wall Entry Accent Strips (Ceramic Tile) Base-Entry Course Accent (Black Granite Tile) Glass (Solarcool) Colors La Habra-X50-Crystal White La Habr-X56 French Grey White Grey Zimbabwe Grey Reflective 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). Prior to the Issuance of Building Permits 10, A Consistency Check fee shall be paid. 11. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Community Development Department - Planning Division for approval. These plans shall ',,,TEMEC_FS201\DATA\DEPTS\PLANNING',STAFFRPT~386~a98pc..doc 10 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: 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 with the approved plan). Prior to the Issuance of Occupancy Permits 12. An Administrative Development Plan application for signage shall be required if signage is proposed, An application for signage shall be submitted and approved by the Planning Manager. 13, Roof-mounted equipment shall be inspected to ensure it is shielded from ground view. 14. All landscaped areas shall be planted in accordance with approved landscape and irrigation plans. 15. All required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Planning Manager. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be prope~y constructed and in good working order. 16. Each parking space reserved for the handicapped shall be identified by a permanently affixed refiectofized 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 60 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: "Unauthodzed 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". \\TEMEC_FS201\DATA\DEPTS\PLANNING~STAFFRPT\386pa98pC..doc I! 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 landscaping and irrigation system have been maintained in a condition satisfactory to the Planning Manager, the bond shall be released. 18. All of the foregoing conditions shall be complied with pdor to occupancy or any use allowed by this permit. BUILDING AND SAFETY DEPARTMENT 19. 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. 20. 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. 21. 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. 22. Obtain all building plans and permit approvals prior to commencement of any construction work. 23. The Occupancy classification of the proposed buildings shall be B/S-3. 24. Obtain street addressing for all proposed buildings prior to submittal for plan review. 25. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998). 26. Provide disabled access from the public way to the main entrance of the building. 27. Provide van accessible parking located as close as possible to the main entry. 28. Show path of accessibility from parking to furthest point of improvement. 29. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 30. Restroom fixtures, number and type, to be in accordance with the provisions of the 1994 edition of the Uniform Plumbing Code, Appendix C. 31. Provide an approved automatic fire sprinkler system. 32. Provide appropriate stamp of a registered professional with original signature on plans \,,TEMEC_FS201\DATA\DEPTS',pLANNING~STAFFRiY~386pa98pc..doc 12 submitted for plan review. 33. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 34. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 35. Provide precise grading plan for plan check submittal to check for handicap accessibility. 36. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 37. Trash enclosures, patio covers, light standard and any block walls require separate approvals and permits. PUBLIC WORKS DEPARTMENT Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the 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 38. A Grading Permit for either rough and/or precise grading, including all on-site flat 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. 39. 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. 40. 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 41. 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. 42. 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. 43. 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 \\TEMEC_FS201\DATA\DEPTS\PLANNING~STAFFRPT~386pagSpC, .doc 13 shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 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. 45. 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. 46. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Control Board Riverside County Flood Control and Water Conservation District Planning Department Department of Public Works 47. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any undedying maps related to the subject property. 48. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 49. 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. 50. 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 51. 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 cdteda shall be observed: Flowline grades shall be 0~5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveway shall conform to the applicable City of Temecula Standard No. 207A. \\TEMEC_FS201\DATA\DEFFS\PLANNING',STAFFRFf~386Ra98pc..doc Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400 and 401. e. All street and ddveway centerline intersections shall be at 90 degrees. 52. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: Improve Rancho California Road (Secondary Highway Standards - 88' R/W) to include installation/reconstruction of existing drainage facility ba Improve Ridge Park Drive (Pdncipal Collector Highway Standards - 78' PJVV) to include installation of sidewalk, street lights, drainage facilities, and utilities (including but not limited to water and sewer). Install an ADA access ramp per City of Temecula Standard No. 402 at the northeast corner of Rancho California Road and Ridge Park Drive. 53. 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. 54. 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. 55. The Developer shall record a wdtten 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 56. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District Eastern Municipal Water Distdct Department of Public Works 57. 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. 56. 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. \\TEMEC_FS201\DATA\DEpTS\pLANNINGXSTAFFRPT~386pa98F. .doc FIRE DEPARTMENT 59. 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 fome at the time of building plan submittal. 60. 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 spdnkler demand of 400 GPM for a total fire flow of 1900 GPM with a 3 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) 61. 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 "outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 380 feet apart and shall be located no more than 210 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 upgrede of existing fire hydrants may be required. (UFC 903.2, 903.4.2, and Appendix Ill- B) 62. 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) 63. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access reads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 70,000 Ibs GV~N. (UFC 8704.2 and 902.2.2.2) 64. 65. 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, GV~N with a minimum AC thickness of .25--feet. ( UFC sec 902 and Ord 95-15) 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) 66. 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) 67. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval pdor to installation. Plans shall be: ',',TEMEC_FS201',DATA\DEPTS~PLANNING~STAFFRF~386[~ggpc..dc~ 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 ) 68. 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) 69. 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) 70. 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) 71. 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) 72. 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 dght side of the main entrance door, The Knox-Box shall be supervised by the alarm system. (UFC 902.4) 73. 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) TEMECULA COMMUNITY SERVICES DEPARTMENT 74. Pdor to installation of the artedal street lighting, the developer shall file an application with the TCSD and pay the appropriate energy charges related to the transfer of said lights to the City. OTHER AGENCIES 75. The applicant shall comply with the recommendations set forth in the Rancho California Water Districrs trensmittal dated September 28, 1998, a copy of which is attached. 76. The applicant shall comply with the recommendations set forth in the Riverside County Flood Control District transmittal dated October 6, 1998, a copy of which is attached. \\TEMEC_FS201\DATA\DEFFS\PLANNING~STAFFRYrX386pa98pc..doc 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 \\TEMEC_FS201\DATA\DEPTS\PLANNING~STAFFRpT~86pa98pc..doc DAVID P. ZAPPE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 MARKET STREET RIVERSIDE, CA 92501 909/275-1200 909/'788-9965 FAX 51180.1 City of Temecula Plannin De artment Post 9033 OCT S Temecula. Califomia 92589-9033 A. en.on: /2r Try Ladies and Gentlemen: Re: P/DI q ~ ' D 3 ~) (~ The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The Dis~ict also does not an check ~ land use cases, or provide State Division of Real Estate letters or other flood hazard reports for st~.~lcases, Disffict comments/recommendations for such cases am normally limited to items of specific ~nterest to the District includi District Master Draina · Plan radiities, other ional flood control and draina · facilities which could be considered a logical componenPor extension of a masterr~p an s stem, and District Area ~rainage Plan fees (development mitigstfol= fees). In addition, information of a general nsa~(usro is pmvided. The District has not reviewed the proposed project 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 District Master Drainage Plan facilities nor am other radiities of regional ~nterest proposed. This project involves District Master Plan fadlities. The District will acce t ownership of such facilities on written request of the City. Fadlities must be censtructed to District stancePe~rds and D strict p an check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. This project proposes channels, storm drains 36 inches or larger in diameter, or other facilities that could be conmdefed regional in nature and/or a I hal extension of the adopted Master Drainage Plan. The District wo~l°~ consider accepting ownership of such tac4iffies On wntten request of the City. Fadlies must be constructed to Dis~ct standards, and District pJ_an check and inspection will be required for District acceptance. plan check, inspection and administrative fees will be required. permits whichever comes ~rst. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. GENERAL INFORMATION This project ma uira a National Pollutant Discharge Elimination System (NPDES permit from the State Water Resources Con~olr~oard. Clearance for grading, red)rdafion, or other final approva?should not be given until the City has determined that the project has bien granted a permit or is shown to be exempt. If this pro'ect involves a Federal Emergen..cy Management Agency (FEMA mapp. ed flood plain. then the C' should . uire app,ca.t to provide a, studies. ca =lati.,.. p ans and o or ,nfarmation required to re~:luirements and should further require that the a plicant obtain a Conditional Letter of Map Revision CLOMR) pdor to grad ng, recordation or other final approva~PoPf the projed, and a Letter of Map Revision (LOM~I 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 1601/1603 Agreement from the Ca{}i~oroia Department of Fish and Game and a Clean P~ater Act Section 404 Permit from the U.S. Army Corps of Engineers, or wdtten corTespondence from these a encies indicating the project is exempt from these requ~rernents. A Clean Water Act Section 401 Water Quail Cert~cation may be required from the local California Regional Water Qua ty Control Board pdor to ssuance of ~e Corps 404 permit. STUART E. MCKIBBIN Senior Civil Engineer Oat.: Z 0 ' & ' qb Water John F. Hennigar Phillip L. Forbes Best Best & Krieger LLP September 28, 1998 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 I OF PARCEL MAP NO. 19626-1 APN 940-310-029 PLANNING APPLICATION NO. PA98-386 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 981SB:mc2291FO12-T11FCF c: Laurie Williams, Engineering Services Supervisor ATTACHMENT NO. 2 PC RESOLUTION NO. 98-043 \\TEMEC_FS101\VOLI\DEPTS\PLANNING\STAFFRPT\301PA99PC-MEM.doc 3 PC RESOLUTION NO. 98-043 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA98- 0386 TO CONSTRUCT AND OPERATE A TWO-STORY, 51,289 SQUARE FOOT SPECULATIVE OFFICE BUILDING AND ASSOCIATED PARKING, AND LANDSCAPING ON A PARCEL CONTAINING A 3.05 (NET) ACRES LOCATED ON THE SOUTHEAST CORNER OF RIDGE PARK DRIVE AND RANCHO CALIFORNIA ROAD, KNOWN AS ASSESSOR'S PARCEL NO. 940- 310-029. WHEREAS, John F. Firestone filed Planning Application No. PA98-0386 in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA98-0386 was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA98-0386 on November 18, 1998, at a duly noticed public headng as prescribed by law, at which time interested persons had an opportunity to testif1/either in support or in opposition; WHEREAS, at the public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Commission considered all facts relating to Planning Application No. PA98-0386; 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. Findin.qs. The Planning Commission, in approving Planning Application No. PA98-0386 makes the following findings; to wit: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The project ~s consistent with all City Ordinances including: the City's Development Code, Ordinance No. 655 (Mt. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions. B. The overall development of the land is designed for the protection of the public health, safety and welfare. The project as proposed complies with all City Ordinances and meets the standards adopted by the City of Temecula designed for the protection of the public health, safety and welfare. C. The project will not result in an impact to endangered, threatened or rare species or their habitats, or to wildlife dispersal or migration corridors. The project site has been previously disturbed and graded, and streetscape installed on site. There are no native species of plants or vegetation at the site, nor any indication that any wildlife species exist, or that the site serves as a migration corridor. A DeMinimus impact finding can be made for this project. R:\sumffrplL386ps98pc..doc 6 Section 3. Environmental Compliance. An initial Study prepared for this project indicates that although the proposed project could have a signfficant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Mitigated Negative Declaration with De Minimus Findings, therefore, is hereby adopted. Section 4. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No. PA98-0386 for the design and construction of a two-story, 51,289 square foot speculative office building with associated parking and landscaping on a parcel containing 3.05 acres located on the southeast comer of Ridge Park Ddve and Rancho California Road, and known as Assessor's Parcel No. 940-310-029 subject to Exhibit A, attached hereto, and incorporated he~:ein by this reference and made a part hereof. Section 5. PASSED, APPROVED AND ADOPTED this 18th day of November, 1998. Mar~c'~Slaven, Cha~rl~erson I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting there of, held on the 18th day of November, 1998 by the following vote of the Commission: AYES: NOES: ABSENT: 4 PLANNING COMMISSIONERS: GUERRIERO, WEBSTER 0 PLANNING COMMISSIONERS: NONE I PLANNING COMMISSIONERS: SOLTYSIAK NAGGAR, SLAVEN, De retary R:\staffrpt~86pa98pc.,do~ 7 ATTACHEMENT NO. 3 REVISED EXHIBITS R:~TAFFRFI~01PA99PC-MF..M.doc 4 DN~O~Bg gg~BO .)l~/d ,~DCII~! 0 ill l{'{" {, ~ hd{{ {i,{i it , ol i ! ! ii|| u I , iIl DNKTII~g .:T'31.J:!O ,)l~ll/d 39Cl1~ .-,] 9NICTIID g ,T"JI.~O .)l~lVd DNl~lll~g .:DI:I:IO ,)l~ll/rl :7"JCll8 dfiOYl) VtlBFIVH'IY ¢INIQ"Tlfi6 '2:)I:L:IO aDOIN qVJ. SAMO ,,~oaro~l k DNIOTIflE 331330 )l~lVd 3~01~ 9NICTIII~g 3~1330 )l~lVd 3~Cl1~ I' \\\ ~ \ / ITEM #6 RECOMMENDATION: STAFF REPORT-PLANNING CITY OFTEMECULA PLANNING COMMISSION August18,1999 Planning Application No. PA98-0516 (Tentative Parcel Map No. 29132) Prepared By: Patty Anders, Assistant Planner The Community Development Department - Planning Division Staff recommends the Planning Commission: 1. ADOPT the Negative Declaration for Planning Application No. PA98-0171; 2. ADOPT the Mitigation Monitoring Program for Planning Application No. PA98-0171; and 3. ADOPT Resolution No. 99- approving Planning Application No. PA98-0516 based upon the Analysis and Findings contained in the Staff Report, and subject to the attached Conditions of Approval APPLICATIONINFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: GENERAL PLAN DESIGNATION: R:\STAFFRPT\516pa98.PC.doc Ray Schooley Engineering Ventures To subdivide 6.68 acres of land into five (5) lots zoned Office Professional. Southwest corner of State Highway 79 and Avenida De Missions PO (Professional Of~ce)/OS (Open Space) North: PO (Professional Office) South: OS (Open Space) East: LM (Low Medium Density Residential) West: PO (Professional Office)lOS (Open Space) Modify zoning map to be consistent with the General Plan showing all of the subject property as PO (Professional Office) O (Professional Office) EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: South: East: West: Vacant Open Space Conservation Easement Existing Single Family Residential Development Vacant BACKGROUND Tentative Parcel Map No. 29132 was submitted on December 30, 1998 and a Development Review Committee (DRC) meeting was held on January 26, 1999. Staff deemed the project complete on July 20, 1999 after extensive research of the zoning of the subject property. This project was originally scheduled for the August 5, 1999 Directotis Hearing, but due to increased public interest, staff determined to have the Planning Commission review the application. ANALYSIS Access and Circulation The subdivision has four points of access off of Avenida de Missions, all of which are joint use easements for the project. No point of access shall be granted on State Highway 79. There is a future road reservation along parcels 2 and 3 for a potential road. The current Circulation Element of the General Plan shows the extension of Via Rio Temecula; however, this road alignment would traverse through the Open Space Conservation Easement space west and south of the subject site. As a result, the extension of Via Rio Temecula is not a logical or viable connection; therefore, staff has required the applicant to reserve a 78' foot right-of-way within the project boundary that is more environmentally sensitive and logical. The general location of Via Rio Temecula is being as part of the City's update of the Circulation Element of the General Plan. Zoning Map Error The proposed project is consistent with the City's General Plan Land Use Designation of Office Professional (O) and the zoning classification of Professional Office (PO). However, the zoning map shows a portion (the southern end) of the subject property as zoned Open Space (OS). The General Plan Land Use Map depicts the entire site as O (Professional Office). Staff researched the situation by reviewing old Riverside County zoning maps, draft General Plan maps, and the current General Plan Land Use Map. Upon review of all pertinent data, staff determined the Land Use Map of the General Plan is correct, and the zoning m~p is incorrect. Therefore, staff will be correcting the zoning map. To ensure that the southern portion of the site did not have any environmentally significant habitat or wildlife value, the applicant retained a biologist (Tom Dodson) and contacted the Army Corps of Engineer to review the site for biological qualities. Both the biologist and the Army Corps concluded that the property was legally isolated by an existing channel wall; would not be subject to review or permits from the Corp; and that the subject parcel was not part of the existing conservation easement south of the subject site. Their reports are included as attachments 3, 4 and 5. Therefore, the proposed subdivision map correction will not conflict with applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, or zoning ordinance). R:\STAFFRPT\516pa98.PC.dOC 2 Development Standards Pursuant to Chapter 17, Table 17.08.040B, the minimum lot size for Professional Office zoned parcels is 40,000 square feet. The proposed parcels are in compliance with this minimum and are consistent with the General Plan. ENVIRONMENTAL DETERMINATION An Initial Study prepared for this project indicates that, although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case as indicated in the biological review of the habitat on site, and given the fact that the site is not part of the open space conservation easement. In addition, the mitigation measures described in the Conditions of Approval have been added to the project which will ensure there will not be a significant adverse impact on the environment as a result of this project. Therefore, a Negative Declaration with a DeMinimus finding is hereby adopted. SUMMARY/CONCLUSIONS The proposed map provides adequate access, circulation and development opportunities. The proposed parcels comply with the minimum lot size requirements of the Professional Office zoning classification pursuant to Chapter 17, Table 17.08.040B of the Development Code. The parcels are consistent with the General Plan Land Use Map and the zoning map upon correction of the mapping error. Therefore, staff recommends approval of Tentative Parcel Map No. 29132 based upon the following findings: FINDINGS The proposed land division and the design or improvement of the project is compatible with the General Plan designation and zoning subject to the zoning map correction. The site is physically suitable for the type and density of development. The General Plan Land Use designation for the site is O (Professional Office). Tentative Parcel Map No. 29132 proposes five (5) office professional lots which comply with the minimum lot size requirement of 40,000. The design of the proposed land division or the type of improvements is not likely to cause serious public health problems. The project has been reviewed for conformance with the City's General Plan, Development Code and Subdivision. The project is consistent with these documents and conditions of approval have been placed on the project accordingly to assure that the development conforms to City Standards. The design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. The project will take direct access from Avenida de Missions and will not obstruct any easements. The map as proposed, conforms to the logical subdivision of the site, and is compatible with the health, safety and welfare of the community. The subdivision is compatible with the surrounding areas as the site is being developed pursuant to the General Plan and Development Code which requires office professional parcels and development. Future development of the site will be sensitive to the adjacent residential development to the east and the open space conservation easement to the west and south by appropriate R :\STAFFRPT\516pa98. PC. doc interfacing of the future site designs. tn addition, the proposed subdivision provides adequate access and circulation for emergency vehicles and will not impact existing circulation or emergency vehicle access. The project as conditioned, will comply with the City's Development Code, General Plan and subdivision requirements. The design of the proposed land division is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There are no known fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or habitat off~site. The applicant retained a biologist (Tom Dodson) and contacted the Army Corps of Engineer to review the site for biological qualities. Both the biologist and the Army Corps reviewed the site and concluded that the proposed project does not discharge dredged or fill material into a water of the United States or an adjacent wetland; that the subject parcel was legally isolated by an existing channel wall; and the parcel was not part of the existing conservation easement south of the subject site. The Corps also stated that a project occurring on the subject parcel, as long as the project does not extend southwest past the existing Presley Homes Levee into the Conservation Easement area, is not subject to their jurisdiction under Section 404 of the Clean Water Act and a Section 404 permit is not required from the Department of the Army Corps of Engineers. Therefore, upon the review and confirmation of the Army Corps of Engineers and the Biologist, the project is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 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: 4. 5. 6. 7. PC Resolution - Blue Page 5 Exhibit A - Conditions of Approval - Blue Page 9 Exhibits- Blue Page 19 A. Vicinity Map B. General Plan Map C. Zoning Map D. Tentative Parcel Map No. 29132 Letter from Tom Dodson & Associates dated March 31, 1999 - Blue Page 23 Letter from the Department of the Army Corps of Engineers April 7, 1999 - Blue Page 24 Letter from the Tom Dodson & Associates dated April 9, 1999 - Blue Page 25 Initial Environmental Study - Blue Page 26 Mitigation Monitoring Program - Blue Page 27 R:\STAFFRPT~516pa98.PC.dOC 4 ATTACHMENT NO. 1 PC RESOLUTION NO. 99- R:\STAFFRPT\516pa98.PC.doc 5 PC RESOLUTION NO. 99- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA98-0516 (TENTATIVE PARCEL MAP NO. 29132), LOCATED ON THE SOUTHWEST CORNER OF STATE HIGHWAY 79 AND AVENIDA DE MISSIONS, AND KNOWN AS ASSESSOR'S PARCEL NO. 950-120-04 WHEREAS, Ray Schooley filed Planning Application No. PA98-0516 (Tentative Parcel Map No. 29132) in accordance with the City of Temecula General Plan, Development Code and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, Planning Application No. PA98-0516 (Tentative Parcel Map No. 29132) 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. PA98-0516 (Tentative Parcel Map No. 29132) on August 18, 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 opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission considered all facts relating to Planning Application No. PA98-0516; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. FindingS. That the Temecula Ranning Commission, in approving Planning Application No. PA98-0516 (Tentative Parcel Map No. 29132), hereby makes the following findings as required in Section 7.1 of County Ordinance No. 460. A. The proposed land division and the design or improvement of the project is compatible with the General Plan designation and zoning (with the zoning map correction). The site is physically suitable for the type and density of development. The General Plan Land Use designation for the site is O (Professional Office). Tentative Parcel Map No. 29132 proposes to subdivide 6.68 acres of land into five (5) lots zoned Office Professional which a minimum lot size of 40,000 square feet. The proposed subdivision is consistent with this requirement. B. The design of the proposed land division or the type of improvements is not likely to cause serious public health problems. The project has been reviewed for conformance with the City's General Plan, Development Code and Subdivision Ordinances. The project is consistent with these documents and conditions of approval have been placed on the project accordingly to assure that the development conforms to City Standards. C. The design of the proposed ~and division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the R:\STAFFRPT\516pa98.PC.doc 6 proposed land division. The project will take direct access from Avenida de Missions and will not obstruct any easements. D. The map as proposed, conforms to the logical development of the site, and is compatible with the health, safety and welfare of the community. Access and circulation are adequate for emergency vehicles. E. The design of the proposed land division is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There are no known fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or habitat off-site. The applicant retained a biologist (Tom Dodson) and contacted the Army Corps of Engineer to review the site for biological qualities. Both the biologist and the Army Corps reviewed the site and concluded that the proposed project does not discharge dredged or fill material into a water of the United States or an adjacent wetland; that the subject parcel was legally isolated by an existing channel wall; and the parcel was not part of the existing conservation easement south of the subject site. The Corps also stated that a project occurring on the subject parcel, as long as the project does not extend southwest past the existing Presley Homes Levee into the Conservation Easement area, is not subject to their jurisdiction under Section 404 of the Clean Water Act and a Section 404 permit is not required from the Department of the Army Corps of Engineers. Therefore, upon the review and confirmation of the Army Corps of Engineers and the Biologist, the project is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 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. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described.in the Conditions of Approval have been added to the project, and a Negative Declaration with a DeMinimus Finding, therefore, is hereby granted. Section 4. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No. PA98o0516 (Tentative Parcel Map No. 29132) located on the southwest corner of State Highway 79 and Avenida De Missions, and known as Assessor's Parcel No. 950- 120-04, subject to Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. Section 5. PASSED, APPROVED AND ADOPTED this eighteenth day of August, 1999. Ron Guerriero, Chairperson R: \STAFFRPT\516pa98 PC. dec ? 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 eighteenth day of August, 1999 by the following vote of the Commission: AYES: NOES: ABSTAINED: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary. R:\STAFFRPT\516pa98.PC.doc 8 EXHIBIT A CONDITIONS OF APPROVAL R:\STAFFRPT\516pa98.PC.doc 9 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA98-0516 (Tentative Parcel Map No. 29132) Project Description: The subdivision of 6.68 acres of land into five (5) lots zoned Office Professional. Assessor's Parcel No.: Approval Date: Expiration Date: 950-120-004 August 18, 1999 August 18, 2001 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) for the County administrative fee, to enable the City to file the Notice of Determination with a DeMinimus Finding for the Mitigated or Negative Declaration required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements The tentative subdivision shall comply with the State of California Subdivi.sion Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The 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. R:\STAFFRPT\516pa98.PC.doC 4. tf subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Planning Director. 5. The project and all subsequent projects within this site shall comply with all mitigation measures. Prior to Issuance of Grading Permits 6. A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. 7. 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 thit ordinance or by providing documented evidence that the fees have already been paid, Prior to Recordation of the Final Map 8. A copy of the Environmental Constraint Sheet (ECS) with the following notes: 1) This property is located within thirty (30) miles of Mount Palemar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palemar Observatory recommendations, Ordinance No. 655. 2) This project is within a 100 year flood hazard zone. 3) This project is within a liquefaction hazard zone. 4) This project is within a Subsidence Zone. PUBLIC WORKS DEPARTMENT The Department of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. General Requirements 9. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior te commencement of any construction outside of the City-maintained road right-of-way. 10. 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. 11. An Encroachment Permit shall be obtained from the California bepartment.of Transportation prior to commencement of any construction within an existing or proposed State right-of- way. 12. 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. R:\STAFFRPT\516pa98.PC.doc Prior to Approval of the Parcel Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and securities posted: 13. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Rancho California Water District c. Eastern Municipal Water District d. Riverside County Flood Control and Water Conservation District e. City of Temecula Fire Prevention Bureau f. Planning Department g. Riverside County Health Department h. Cable TV Franchise i. Caltrans j. Community Services District k. General Telephone I. Southern California Edison Company m. Southern California Gas Company n. Fish & Game o. Army Corps of Engineers 14. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: a. Improve Highway 79 South (Urban Arterial Highway Standards - 134' RAN) to include installation of sidewalk and street lights, utilities (including but not limited to water and sewer b. Improve Avenida de Missions (Principal Collector Highway Standards - 78' R/W) to include installation sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) 15. The Developer shall reserve a 78 foot easement for future road and public utility purposes as delineated on the Tentative Parcel Map. R:\STAFFRPT\516pa98. PC. doc 16. An easement for joint use driveways shall be provided prior to approval of the Parcel Map or issuance of building permits, whichever occurs first. 17. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a. Driveways shall conform to the applicable City Standard Nos. 207A and/or 208. Street lights shall be installed along the public streets shall be designed in accordance with Ordinance No. 461. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401. d. All street and driveway centerline intersections shall be at 90 degrees. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All utility systems including gas, electric, telephone, water, sewer, and cable 'IV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. 18. Relinquish and waive right of access to and from Highway 79 South on the Parcel Map as delineated on the approved Tentative Parcel Map. 19. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. 20. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 21. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. Prior to City Council approval of the Parcel Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. 22. Any delinquent property taxes shall be paid. 23. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel Map to delineate identified environmental concerns and shall be recorded with the map. A copy of the ECS shall be transmitted to the Planning Department for review and approval. 24. The Developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the Parcel Map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement R:\STAFFRPT\SI6pa98.PC.doc 13 shall provide for payment by the Developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the Developer, at the Developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 25. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider 26. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. 27. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 28. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 29. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitte;:t for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shaft be kept free of buildings and obstructions." Prior to Issuance of Grading Permits 30. As deemed necessary by 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 e. Caltrans 31. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. 32. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and preliminary pavement sections. R:XSTAFFRPT\516pa98.PC.dOc 33. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off-site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of one hundred years. 34. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 35. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 36. 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. 37. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. Prior to Issuance of Building Permits 38. Parcel Map shall be approved and recorded. 39. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 40. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the appreved rough grading plan. 41. 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 Certificates of Occupancy 42. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: R: \STAFFRPT\5 t 6pa98. PC, doc a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 43. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 44. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 45. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works. TEMECULA COMMUNITY SERVICES DEPARTMENT Prior to installation of street lights or issuance of building permits, whichever comes first, the applicant, or his assignee shall pay the appropriate fees for the dedication of arterial street lights into the TCSD maintenance program. All perimeter slope and landscape areas shall be maintained by the property owner or a private maintenance association. FIRE DEPARTMENT 46. 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 California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 47. The Fire Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix Ill.A, Table A-Ill-A-1. The developer shall provide for this project, a water system capable of delivering 4000 GPM at 20 PSI residual operating pressure with a four 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. (CFC 903.2, Appendix Ill.A) 48. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill. B, Table A-Ill-B-1. 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 350 feet apart and shall be located no more than 210 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. (CFC 903.2, 903.4.2, and Appendix Ill-B) 49. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul- de-sac shall be forty-five (45) feet. (CFC 902.2.2.2.3) R:\STAFFR.PT\516pa98.PC.doc 50. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) 51. 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 80,000 Ibs GVW. (CFC 8704.2 and 902.2.2.2) 52. Prior to building final, all locations where structures are to be built shall ha~ze 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 80,000 Ibs. GVW with a minimum AC thickness of .25 feet. ( CFC sec 902 and Ord 95-15) 53. 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. (CFC 902.2.2.1 and Ord 95-15) 54. Prior to building construction, dead end roadways 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. (CFC 902.2.2.4) 55. 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. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1 ) 56. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 57. 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. (CFC 902.4) OTHER AGENCIES 58. Flood protection shall be provided in accordance with the Riverside County Rood Control District's transmittal dated February 9, 1998, 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 prevailing area drainage plan fee. 59. The applicant shall comply with the recommendations set forth in the Eastern Information Center, Department of Anthropology transmittal dated January 20, 1999, a copy of which is attached. R:XSTAFFRPT\516pa98.PC.doc 60. 61. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated January 18, 1999, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Department of Transportation transmittal dated August 3, 1999, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shaft be subject to Community Development Department approval. Applicant Signature R:\STAFFRPT\516pa98.PC.doc ATTACHMENT NO. 2 EXHIBITS R:\STAFFRPT\516pa98,PC.doc CITY OF TEMECULA ;. . ~! 30 ~\ \, / CASE NO. - Planning Application No. PA98-0516 (Tentative Parcel Map No. 29132) EXHIBIT A PLANNING COMMISSION DATE -August 18, 1999 VICINITY MAP R:\STAFFRPT\516pa98.PC.doc CITY OF TEMECULA TENTATIVE PARCEL MAP NO. 29152 CASE NO. - Planning Application No. PA98-0516 (Tentative Parcel Map No. 29132) EXHIBIT A PLANNING COMMISSION DATE -August 18, 1999 VICINITY MAP R:\STAFFRPT\516pa98,PC.doc 20 CITY OF TEMECULA EXHIBIT B - ZONING MAP DESIGNATION - PO (Professional Office) EXHIBIT C - GENERAL PLAN DESIGNATION - O (Professional Office) CASE NO. - PA98-0516 (Tentative Parcel Map 29132) PLANNING COMMISSION DATE - August 18, 1999 R:\STAFFRPT\516pa98.PC.dOc 23 ATTACHMENT NO. 3 LETTER FROM TOD DODSON & ASSOCIATES DATED MARCH 31, 1999 ,,'iTEMEC_FS101\VOLI\DEPTS\PLANNING\STAFFRPTX516pa98.PC.doc 23 · OM DODSON & ASSOCIATES 2150 N ARROWHEAD AVENUE SAN BERNARDINO. CA 92405 TEL (909) 882-3612 · FAX (909) 882-7015 E-MAIL tda~empirenet.com March 31, 1999 U.S. Army Corps of Engineers Regulatory Branch ATTN: Spencer McNeil 911 Wilshire Boulevard, 11th Floor Los Angeles, CA 90017 999 ~ Subject: Follow-up to site visit on small parcel (Ray Schooley property) on the corner of State Highway 79 and Avenida De Missions in Temecula, Riverside County, California Dear Spencer: This letter is a follow-up to your site visit to the subject property with Ms. Lisa Kegarice on March 16, 1999 on the parcel adjacent to the Presley Development, located across Avenida De Missions in Temecula (Ray Schooley property, see the attached map and aerial photo). Lisa is overwhelmed by Quino surveys at this moment, so she asked me to transmit this letter to you in response to your request for additional information. As you may recall, this site has been isolated from the active channel of Temecula Creek by a large channel wall or levee (see aerial) installed by Presley during the construction of their residential tract across (to the east) of the subject site. Tn the field Lisa indicated that the isolation of this parcel from Temecula Creek's flows has rendered this parcel no longer subject to 404 jurisdiction. Subsequent to your and Lisa's visit to the site, you confirmed that the berm had been permitted by the Corps and the subject parcel was legally isolated by the channel wall. However, you then questioned whether or not the southern portion of the parcel had been included in a County open space or mitigation easement for the Presley project. We have obtained the City maps and have determined that the parcel was not encumbered in any manner by the Conservation Easement. The attached map and aerial photo illustrates the various features (roads, channel wall, conservation easement area and Mr. Schooley's property) which verify that the conservation easement extends to the westerly boundary of Mr. Schooley's property and does not encompass any of his property. Based on the attached information and your discussions with Lisa on this matter, we are requesting your concurrence that this parcel is not subject to Section 404 of the Clean Water Act and that no further procedural interaction with the Corps under Section 404 is required for future development of this site. Should you be to busy to respond to this transmittal, we will proceed under the assumption that, if we do not hear from you by April ~-5, 1999 regarding this matter, you do concur with these conclusions. 1E want to thank you for your timely help in this matter. :If you have any questions regarding the contents of this letter or would like any additional information, please do not hesitate to give Lisa or :[ a call at your convenience. Sincerely, Tom Dodson Attachment cc: Ray Schooley Randy Fleming Larry Harkham Patricia K. Anders 2 ATTACHMENT NO. 4 LETTER FROM DEPARTMENT OF ARMY CORPS OF ENGINEERS DATED APRIL 7, 1999 /',TEMEC_FSI01\VOLI\DEFTS\pLANNING\STAFFRPT\516pa98.pC.doc 24 REPLY TO ATTEN'rlON DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P,O BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 April 7, 1999 Office of the Chief Regulatory Branch Ray Schooley c/o Tom Dodson & Associates Attn: Lisa Kegarice 2150 NorLK~ Arro';;hcad A~,'enue San Bemardino, California 92405-4002 Dear Ms. Kegarice: Reference is made to your letter (No. 199915516-SDM) dated April 2, 1999 requesting a Department of the Army jurisdictional determination for the Ray Schooley property, located between the north side of the Presley Homes Levee (frontlug Temecula Creek) and the south side of Highway 79, adjacent to Avertida de Missjones, in the City of Temecula, Riverside County, California. Based on the information fumished in your letter and gathered dnring our March 16, 1999 field visit, we have determined that your proposed project does not discharge dredged or fill material into a water of the United States or an adjacent wetland. Therefore, a project occurring on the Ray Schooley parcel, as long as it does not extend southwest past the existing Presley Homes Levee into the Conservation Easement area (see attached drawing), is not subject to our jurisdiction trader Section 404 of the Clean Water Act and a Section 404 permit is not required from our office. Any discharge of dredged or fill material into the Conservation Easement area (i.e., immediately adjacent to the west end of the Presley Homes Levee) would require prior Section 404 authorization. The receipt of yoor letter is appreciated. If you have any questions, please contact Spencer D. MacNeff of my staff at (213) 452-3418. Sincereh', Regulatory Branch ATTACHMENT NO. 5 LETTER FROM TOM DODSON AND ASSOCIATES DATED APRIL 9, 1999 \'/TEMEC~FSI01\VOLi\DEPTS\PLANNING\STAFFRPT\516pa98.PC,doc 25 ~ OM DODSON & ASSOCIATES 2150 N. ARROWHEAD AVENUE SAN BERNARDINO. CA 92405 TEL (909) 882-3612 · FAX (909) 882-7015 E-MAIL tda@gmpirenct.com April 9, 1999 RECEIVED NtlOtgg9 Mr. Ray Schooley P. O. Box463010 Escondido, CA 92046-3010 ~ENGINEERING VENTURES. I,UC Dear Ray: I did not expect the Corps to provide a response to our letter so quickly, but we received the attached Corps letter in response to our request for jurisdictional determination for your property on Highway 79 in the City of Temecula They have concurred that your property is not within their jurisdiction and you do not have to consult with them to obtain any permits. Combined with the previous determination transmitted to your office verifying that your property is not subject to a Quino survey, you should be able to proceed with processing your land use applications in the City of Temecula without these issues affecting your processing. Thank you for the opportunity to provide consulting support in this matter, and if my firm can be of any further assistance, do not hesitate to give me a call. Sincerely, Tom Dodson Attachment cc: Randy Fleming Patricia K. Anders Larry Markham ATTACHMENT NO. 6 INITIAL ENVIRONMENTAL STUDY \\TEMEC_FSI01\VOLI\DEPTS\PLANNING\STAFFRPT\516pa98.PC.dOc 26 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Lead Agency Name and Address Contact Person and Phone Number Project Location Project Sponsor's Name and Address Tentative Parcel Map 29132 (PA98-0516) City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Patty Anders, Assistant Planner (909) 694-6400 Southwest corner of State Highway 79 and Avenida De Missions in the City of Temecula. Raymond B. Schooley General Plan Designation Office Professional (O) Zoning Professional Office (PO) Description of Project To subdivide 6.68 acres of land into five (5) office professional lots. Surrounding Land Uses and Setting Other public agencies whose approval is required North: East: South: West: None. Vacant land Vacant land Open Space Conservation Easement Single family residential. !TEMEC FS101\VOL1\DEPTS\PLANNING\CEQA\516PA98 IES.doc 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 ,f Hazards ,/' Noise Public Services Utilities and Service Systems · / Aesthetics Cultural Resources Recreation Mandatory Findings of Significance None Determination (To be completed by the lead agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1 ) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date %TEMEC_FS101/VOLl\DEPTS\PLANNING\CEQA\516PA98 IES.doc 2 Land Use and Planning. Would the project: C, Issues and Supporting information Sources Physically divide an established community? Conflict with applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigation an environmental effect? I Confiict with any applicable habitat conservation plan or , natural community conservation plan? Potentially Significan~ Impact NO Comments: la.,b. The subject site is an existing vacant lot; therefore the project will not physically divide an established community. The proposed project is consistent with the City's General Plan Land Use Designation of Office Professional (O) and the Zoning classification of Professional Office (PC). The zoning map shows a portion of the property as zoned Open Space (OS). Staff researched the situation extensively and determined it is simply a mapping error that will be corrected with the next General Plan update generated by the City. To further research the existing habitat condition at the southern end of the property, the applicant retained a biologist (Tom Dodson) and contacted the Army Corps of Engineer to review the site for biological qualities. Both the biologist and the Army Corps concluded that the property was legally isolated by an existing channel wall; would not be subject to review or permits from the Corp; and that the subject parcel was not part of the existing conservation easement south of the subject site. Therefore, the proposed subdivision map correction will not conflict with applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance). The proposed parcel map will not conflict with any applicable habitat conservation plan or natural community conservation plan. There is an existing conservation easement to the south of the subject site that will not be effected by the proposed subdivision. The applicant has had the Department of the Army Corps of Engineers and a local biologist (Tom Dodson) review the project. A letter was submitted from both entities that indicates the subject site is not part of, and will not impact, the adjacent conservation easement; therefore, no permit would be required by the Corps. Moreover, the subject site will not conflict with any applicable habitat conservation, Therefore, no significant effects are anticipated as a result of this project. 2. POPULATION AND HOUSING. Would the project: Issues and Supporting tnformauon Sources Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Displace substantial numbers of existing housing, Potentaall¥ Significant linDact PoteRtlaH¥ Significant Less Than Unless MlIigallon Slgnlhcant Incorporated Impact NO Impacl ,,TEMEC FS101\VOLl\DEPTS',PLANNtNG\CEQA',516PA98 IES.doc 3 iC. necessitating the construction of replacement housing elsewhere? Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Comments: 2.8. The project will not induce substantial growth in the area either directly or indirectly. The project is consistent with the General Plan Land Use and Zoning Designation of Professional Office (PO). The proposed subdivision will eventually result in the development of professional office type development that will provide employment opportunities for local residents. Once the project is developed, it may cause some people to relocate to or within Temecula; however, due to its limited scale, it will not induce substantial growth in the area. No significant effects are anticipated as a result of this project. 2.b, c. The project will not displace substantial numbers of people or existing housing as the site is a vacant property zoned Professional Office. Residential housing is not a permitted use with the Professional Office classification; therefore, no housing would be permitted and no people will be displaced. No significant effects are anticipated as a result of this project. 13. GEOLOGY AND SOILS. Would the project? Potentially Potentially Significant Less Than NO i) ,r n) iii) iv) Issues and Supporting Inforrnatlon Sources Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Strong seismic ground shaking? Seismic-related ground failure, including liquefaction? Landslides? Result in substantial soil erosion or the loss of topsoil? Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Be located on expansive soil, as defined in Table 1801-B of the Uniform Building Code (1998), creating substantial risks to life or property? Have soil incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? e. ,,TEMEC_FS 101 \VOL 1 \DEPTS\PLANNING\CEQA\516PA98 IES.doc 4 Comments: 3,a,ii, iii, b., and d. There may be a potentially significant impact from seismic ground shaking, ground failure, liquefaction, soil erosion or expansive soils. There are no known fault hazard zones on the property. However, the project is located in Southern California, an area that is seismically active. Any potential significant impacts will be mitigated through building construction, which is consistent with the Uniform Building Code standards. Further, the project will be conditioned to provide soil reports prior to grading and recommendations contained in this report are followed during construction. The soil reports will also contain recommendations for the compaction of the soil, which will serve to mitigate any potentially significant impacts from seismic ground shaking, seismic ground failure, liquefaction, subsidence and expansive soils. After mitigation measures are performed, no significant effects are anticipated as a result of this project. There are no known or identified earthquake faults as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map. No significant impacts are anticipated as a result of this project. 3.c and 3 a. iv The City's General Plan identifies the subject site in an area of subsidence, landslides or liquefaction hazards. Therefore, the project will be conditioned to submit a soils report to review the conditions of the site related to subsidence, potential for landslides or liquefaction. The soils report will require any necessary mitigation due to potential hazards to the subject site. With conditions of approval and corresponding mitigation measures, no significant impacts are anticipated as a result of this project. 3.e. Septic sewage disposal systems are not proposed for this project. The project will be required to hook up to the existing public sewer system. In a transmittal dated January 18, 1999, Rancho Water has indicated that the subject property is located within the boundaries of Rancho California-Water District and water services are available. Therefore no significant effects are anticipated as a result of this project. 4. HYDROLOGY AND WATER QUALITY. Would the project: c. ,f Issues and Sulapomng information Sources r Violate any water quality standards or waste discharge requirements? Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result 'TEMEC FS101\VOL1\DEPTS/PLANNING\CEQA\516PA98 IES.doc ./ in flooding on- or off-site? Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Otherwise substantially degrade water quality? Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation i maP? Place within a 100-year flood hazard area structures which would impede or redirect flood flows? Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Inundation by seiche, tsunami, or mudflow? ,f ,f ,f ,/ ,/ Comments: The project will not violate any water quality standards or waste discharge requirements. The subdivision, and subsequent development projects, will be required to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. By complying with the NPDES requirements, any potential impacts can be mitigated to a level less than significant. No significant impacts are anticipated as a result of this project. 4.b. ,f. The project will not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. The project will not have a less than significant change in the quantity and quality of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability. Limited changes will occur in the quantity and quality of ground waters. However, due to the minor scale of the project, it will not be considered significant. Further, construction on the site will not be at depths sufficient to have a significant impact on ground waters or aquifer volume. Less than significant impacts are anticipated as a result of this project. 4.c. ,d. The proposed project will not substantially alter the existing drainage pattern of the site or area. including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation and/or flooding on- or off-site. Some changes to absorption rates, drainage patterns and the rate and amount of surface runoff is expected whenever development occurs on previously permeable ground. Previously permeable ground will be rendered impervious by construction of buildings, accompanying hard scape and driveways. While absorption rates and surface runoff will change, potential impacts shall be mitigated through site design. Drainage conveyances will be required for the project to safely and adequately handle runoff which is created. After mitigation measures are performed, no significant impacts are anticipated as a result of this project. 4.e. Due to the small scale of the proposed subdivision, and ultimately the future development, the project will not create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. The ~TEMEC FS101\VOL1\DEPTS\PLANNING\CEQA',516PA98 IES,doc 6 project will be conditioned to accommodate and handle drainage as a result of the subject site. The project will be conditioned so that the drainage will not impact surrounding properties. No significant impacts are anticipated as a result of this project. 4.g.,h. The project will have a less than significant impact on people or property to water related hazards such as flooding because the project site is located outside of the 100 year floodway. However; the project is located within a dam inundation area as identified in the City of Temecula General Plan Final Environmental Impact Report. Impacts can be mitigated by utilizing existing emergency response systems and by assuring that these systems continue to maintain adequate service provision as the City develops. No significant impacts are anticipated as a result of this project. 4.i. The project will not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. As stated above, the project is not located within a 100-year flood hazard area. The subject site is south of the Temecula Creek Conservation Easement riparian area. However, a drainage channel was constructed to the southeast of the subject site to accommodates the 100 year flood flow from the Temecula Creek channel. Therefore, the proposed subdivision and subsequent development would not cause a significant risk of loss, injury or death involving flooding as a result of the failure of a levee, dam or the adjacent ripanan area. 4.j. The project site will not be subject to inundation by sieche, tsunam~ or mudflow as these events are not known to happen in this region. AIR QUALITY. Would the project: la, 'c. Potentially Potentially Significant Less Than Signihcant Unless M~tigat~on Slgnlhcant Impact Incorporated impact i Issues and Supporting Information Sources Conflict with or obstruct implementation of the applicable air quality plan? Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors? Expose sensitive receptors to substantial pollutant concentrations? Create objectionable odors affecting a substantial number of people? No Impact CommeRts: 5.a., b. and c. The project will not conflict with applicable air quality plans nor violate air quality or pollution standards. The project proposes to subdivide a 6.68 acre parcel into five Professional Office zoned lots. The subdivision, and future development, is anticipated to be within the square footage threshold for potentially significant air quality impact established by the South Coast Air Quality Management District as depicted on page 6-10, Table 6.2, The future development will be subject to a separate environmental review. At that time, the exact project, and square ',TEMEC FS101\VOLl\DEPTS/PLANNING\CEQA\516PA98 IES,doc 7 5.d. 5.e. footages will be known and further assessed for compliance with the South Coast Air Quality Management District. No significant impacts are anticipated as a result of this project. There are no known sensitive receptors to pollutant concentrations in the immediate vicinity. The project occupants will not generate significant pollutants. Therefore, no significant impacts are anticipated as a result of this project. The project may create objectionable odors during the construction of Professional Office uses. However, these impacts are anticipated to be of short duration and not result in a significant impact. 6. TRANSPORTATION/TRAFFIC. Would the project: Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections? Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Result in inadequate emergency access? Result in inadequate parking capacity? Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks? Potem4alty Potentially Sign~hcant Less Than ,f ,f ,f ,f Comments: 6.a,b and c There will be an increase in vehicle trips on adjacent streets once the proposed subdivision is developed. Due to the proposed size of the parcels, each parcel is estimated to be built out with approximately 30,000 square feet of professional office use per parcel. Per the City's Traffic Engineer, the Institute of Transportation Engineers (ITE) estimates the total vehicle trips per day for approximately 150,000 (30,000 x 5) square feet of professional office use would be approximately 2500 daily trips. However, the City's Traffic Engineer also indicated that the future professional office development will have a less than significant impact to the existing road system due to the maximum capacity of the existing road system. The existing roadway (Highway 79 South) was built to accommodate 50,000 average daily trips. Therefore, it is anticipated that the existing roadway system is capable of handling the incremental increase in traffic due to the future development as a result of this subdivision. No further traffic studies were required for this project. The developer of either parcel will be required to contribute traffic signal and public facility development impact fees prior to the issuance of any building permits. No significant impacts are anticipated. %TEMEC FS 101 \VOL1 \DEPTS\PLANNING\CEQA',516PA98 IES.doc 8 6.d, e and g The project design will not negatively impact emergency access, safe traffic conditions nor efforts to promote alternative transportation. As a requirement of the project, the developer is being required to reserve a future roadway through the development to comply with the General Plan Circulation Element intent of the proposed future roadway system in the subject area. 6.f The proposed project is for the subdivision of land; therefore no parking is required. Subsequent development of the proposed parcels will be required to comply with the City's Development Code parking requirements for the Professional Office uses. 7. BIOLOGICAL RESOURCES: Would the project: Significant Unless Mitigation C, Issues and SuoDortmg Inlormat~on Sources Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? Have a substantial adverse effect of federatly protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Less Than Comments: 7.a. thru d. The zoning map shows a portion of the property as zoned Open Space (OS). Staff researched the situation and determined it was simply a mapping error that will be corrected with the next General Plan update. In addition, the applicant retained a biologist (Tom Dodson) and contacted the Army Corps of Engineer to review the site for biological qualities. Both the biologist and the !\TEMEC_FS 101 \VOL1 \DEPTS\PLANNING\CEQA\516PA98 IES.doc 9 Army Corps reviewed the site and concluded that the proposed project does not discharge dredged or fill material into a water of the United States or an adjacent wetland; that the subject parcel was legally isolated by an existing channel wall; and the parcel was not part of the existing conservation easement south of the subject site. The Corps also stated that a project occurring on the subject parcel, as long as the project does not extend southwest past the existing Presley Homes Levee into the Conservation Easement area, is not subject to their jurisdiction under Section 404 of the Clean Water Act and a Section 404 permit is not required from the Department of the Army Corps of Engineers. Therefore, upon the review and confirmation of the Army Corps of Engineers and the Biologist, it is anticipated that the project will not have a significant impact on endangered species, riparian habitat, wetlands, wildlife corridors, or conservation plans. Furthermore, once future development occurs on site, the project will be reviewed and conditioned for appropriate interface between the developed area and the conservation area immediately to the south and the residential development to the east of the subject property. e and f. The project will be conditioned to comply with provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) which requires payment of the Stephens Kangaroo Rat fee. The city does not have an adopted Natural Community Conservation Plan or tree preservation policy or ordinance. With conditions of approval, no significant impacts are anticipated as a result of this project. 8. MINERAL RESOURCES. Would the project: Issues and Supl3omng Information Sources a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local ~ general plan, specific plan or other land use plan? Potentially Potentially Significant Less Than Significant Unless Mitigation Signihcant NO Comments: 8.a. and b. The project will not result in the loss of available, known mineral resources nor in the loss of an available, locally important mineral resource recovery site. The State Geologist has classified the City of Temecula a classification of MRZ-3a, containing areas of sedimentary deposits, which have the potential for supplying sand and gravel for concrete and crushed stone for aggregate. However, these areas are determined as not containing deposits of significant economic value based upon available data in reports prepared in accordance with the Surface Mining and Reclamation Act (SMARA) of 1975. ,/TEMEC FS101\VOL1\DEPTS\PLANNING\CEQA\516PA98 IES.doc HAZARDS AND HAZARDOUS MATERIALS. Would the project: ig. Issues and Supporting Inforrnat~on Sources Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? Crate a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Potentially Significant Less Than CommeRts: 9.a., b., c. and d. The project will not cause a significant hazard to the public through the use or release of hazardous substances since none are proposed in this request to subdivide land. It is not anticipated that large quantities of hazardous or toxic materials will be associated with the future development of these professional office parcels. All future development will be reviewed and conditioned by the Riverside County Fire Department and the Department of Environmental Health. These two agencies will ensure compliance with all use, disposal and discharge of any potentially hazardous materials, and will condition the project accordingly. Therefore, no significant impacts are anticipated as a result of this project. 9.e. and f. The project site is not located within an airport land use plan, within two miles of a public or private airstrip. No significant impact upon airport uses will result from this proposal. ~',TEMEC FS 101 \VOL1 \DEPTS\PLANNING\CEQA\516PA98 IES.doc 9.g. The project will take access from maintained public streets and will therefore not impede emergency response or evacuation plans. No significant impacts are anticipated as a result of this project. 9.h. According to the Riverside County Fire Department and the corresponding map listing areas of high fire hazards, the subject property will not expose people or structures to a risk or loss due to wildland fires. Future development will be required to satisfy fire flow requirements, street widths, design and fuel modification requirements, as established by the fire and police departments. ~10. NOISE. Would the project result in: Issues and Supl3or[m~ Information Sources Exposure of people to severe noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? ,7 ,r ,7 Comments: 10.a.,c. The proposal will result in a less than significant increase to existing noise levels. The site ~s currently vacant and development of the land logically will result in increases to noise levels during construction phases as well as increases to noise in the area over the long run. However, long-term noise generated by this project would be within the limits of the General Plan standards for office professional development. Therefore with compliance with the General Plan noise standards, the impacts are anticipated to be less than significant. 10.b, e and f. The project site is not near uses with excessive groundborne noise levels, nor is it near airport land uses. No exposure to excessive noise levels from these uses are anticipated. 10.d. The project may result in temporary or periodic increases in ambient noise levels during construction. Construction machinery is capable of producing noise in the range of 100+ DBA at 100 feet which is considered very annoying. However. this source of noise from construction of the project will be of short duration and therefore would not be considered significant. Furthermore, construction activity will comply with City ordinances regulating the hours of activity in residential areas. No significant impacts are anticipated. '\TEMEC FS101\VOL1\DEPTS\PLANNING\CEQA\516pA98 IES.doc 11. PUBLIC SERVICES: Would the proposal have an effect upon, or result in a need for new or altered Government services in any of the following areas: issues and SuDporllng Information Sources Would the project result in substantial adverse physical impacts associates with the provisions of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services? Fire protection? Police protection? Schools? Parks? Other public facilities? Comments: 11 .a., b., c., e. and f. The project will have a less than significant impact upon, or result in a need for new or altered fire, police, recreation or other public facilities. The project will incrementally increase the need for some services. However, the project will contribute its fair share to the maintenance or provision of services from these entities. Due to its small scale, less than significant impacts are anticipated. 11 .d. The project will have a less than significant impact upon, or result in a need for new or altered school facilities. The project will not cause significant numbers of people to relocate within or to the City. The cumulative effect from the project will be mitigated through the payment of applicable School Fees. Less than significant impacts are anticipated. 12. UTILITIES AND SERVICE SYSTEMS: Would the project: /\TEMEC_FS101\VOL1\DEPTS\PLANNING\CEQA\516PA98 IES.doc Issues and SuDpo~[~ng InfOrrnat~On Sources Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmentaJ effects? Require or result in the construction of new storm water . drainage facilities or expansion of existing facilities, the ]3 NO ; ; construction of which could cause significant ; ~ environmental effects? d. illave sufficient water supplies available to serve the ~ project from existing entitlements and resources, or are , new or expanded entitlemerits needed? e. i Result in a determination by the wastewater treatment I provider, which serves or may serve the project that it has i adequate capacity to serve the project's projected I demand in addition to the provider's existing , commitments? f' i Be served by a landfill with sufficient permitted capacity to . accommodate the project's solid waste disposal needs? Comply with federal, state, and local statutes and g' ~ regulations related to solid waste? 12.a., b. and e. The project will not exceed wastewater treatment requirements, require the construction of new treatment facilities, nor affect the capacity of treatment providers. The project will have an incremental effect upon existing systems. However, the Final Environmental Impact Report (FEIR) for the City's General Plan states: "implementation of the proposed General Plan would not significantly impact wastewater services." Since the project is consistent with the City's General Plan, no significant impacts are anticipated as a result of this project. Moreover, the project will be conditioned to comply with the Regional Water Quality Control Board standards that will be monitored by the Department of Public Works. 12.c. The project will not result in the need for new storm water drainage facilities. The drainage system for the project site is already in place and drainage fees are required by the Riverside County Flood Control and Water Conservation District for the Murrieta Creek/Temecula Valley Area Drainage Plan. No significant impacts are anticipated. 12.d. The project will not significantly impact existing water supplies nor require expanded water entitlements. The project will have an incremental effect upon existing systems. While the project will have an incremental impact upon existing systems, the Final Environmental Impact Report (FEIR) for the City's General Plan states: "both EMWD and RCWD have indicated an ability to supply as much water as is required in their services areas (p. 39)." The FEIR further states: "implementation of the proposed General Plan would not significantly impact wastewater services (p. 40)." Since the project is consistent with the City's General Plan, no significant impacts are anticipated as a result of this project. There are no septic tanks on site or proximate to the site. No significant impacts are anticipated as a result of this project. 12.f. and g. The project will not result in a need for new landfill capacity. Any potential impacts from solid waster created by this development can be mitigated through participation in Source Reduction and Recycling Programs, which are implemented by the City. No significant impacts are anticipated as a result of this project. 13. AESTHETICS. Would the project: issues and Supporting Intorrnatlon Sources a. Have a substantial adverse effect on a scenic vista? ,/TEMEC FS101/VOLl~DEPTS\PLANNING\CEQA\516PA98 IES.doc Potentially Potentially S~gnfficant Less Than Significant Unless M~t~gat~on Sigmf~cant Impact Incorporated Impact No 'b. =C. Substantially damage scenic resources, including, but not limited to, trees, rock outcropping, and historic building within a state scenic highway? Substantially degrade the existing visual character or quality of the site and its surroundings? Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? ,/ ,/ Comments: 13.a., b. and c. The project will not substantially degrade a scenic vista, resources, or visual character. The proposed subdivision and subsequent future professional office development of the five parcels will comply with the City's Development Code requirements governing such development. Moreover, the project(s) will be conditioned to create an appropriate buffer or transitional zone between the existing single family residential development to the east, and the conservation easement to the south. Therefore, no significant effects are anticipated as a result of this project. 13.d. The project could potentially impact nighttime views by creating new sources of light or glare. However, the project will be conditioned to comply with Ordinance No. 655, an ordinance regulating light pollution within the City. After mitigation measures are in place, no significant impacts are anticipated as a result of this project. 14. CULTURAL RESOURCES, Would the project: Cause a substantial adverse change in the significance of a historical resource as defined in Section 1506.57 Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 1506.57 Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? i Disturb any human remains, including those interred outside of formal cemeteries? Potentially Potentially Significant Less Than Signilicant Unless Mitigation S~gnfficam Impact Incorporated Impact NO ImpaCt ,f Comments: 14 a thru d The site is not located in an area that has high paleontological or archaelogical sensitivity pursuant to the General Plan (Figures, 5-6 and 5-7). The proposed application for a subdivision of land does not include any grading or disturbance of the site, However, future development will be routed to the U.C.R Anthropology Department who will recommend what studies, if any, should be required. Therefore, no significant impacts are anticipated as a result of this project, ,\TEMEC FS101/VOLl\DEPTS\PLANNING\CEQA\516PA98 IES,doc 15. RECREATION, Would the project: tssues and Supporting Information Sources Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Significant Comments: 15.a. and b. The project is the subdivision of land and will not increase the use of existing neighborhood and regional parks or other recreational facilities. The project is not required to pay any Quimby fees as part of the development process because the map is for professional office type uses. The City has been determined that such do not substantially contribute to recreational facilities and therefore, commercial/office uses are not required to pay a portion of fees (Quimby) for recreational facilities. No significant impacts are anticipated as a result of this project. 16. MANDATORY FINDINGS OF SIGNIFICANCE. C, Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects? Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: Potent~aUv Significant Unless Mitigation Impact Less Than S~gnificant Irnpact I',TEMEC_FS101\VOL1\DEPTS\PLANNING\CEQA,516PA98 IES.dOC 16.b. 16.c. Due to the subject site being reviewed by the Army Corps of Engineers and a biologist (Tom Dodson), it has been determined that the subject property does not 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 selFsustaining levels, threaten to eliminate a plant or animal community, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. A biologist and the Army Corps reviewed the site and concluded that the proposed project does not discharge dredged or fill material into a water of the United States or an adjacent wetland; that the subject parcel was legally isolated by an existing channel wall; and the parcel was not part of the existing conservation easement south of the subject site. The Corps also stated that a project occurring on the subject parcel, as long as the project does not extend southwest past the existing Presley Homes Levee into the Conservation Easement area, is not subject to their jurisdiction under Section 404 of the Clean Water Act and a Section 404 permit is not required from the Department of the Army Corps of Engineers. Therefore, upon the review and confirmation of the Army Corps of Engineers and the biologist, no significant impacts are anticipated as a result of this project. The cumulative effects from the project not considered significant as the subject site is being development in conformance with the City of Temecula Development Code and General Plan. All cumulative effects for the various land uses of the subject site as well as the surrounding developments were analyzed in the General Plan Environmental Impact Report. Given the projects consistency with the Development Code and General Plan, the cumulative impact is not considerable. The project does not have the potential to cause substantial adverse effects on human beings, directly or indirectly. The subdivision is consistent with the Development Code and General Plan. Furthermore, the future development will be reviewed and conditioned to have a transitional zone to the existing residential development to the east and the conservation easement to the south to minimize any potential adverse impacts on human beings. 17. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EtR, 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. Impacts adequately addressed. Identify which affects from the above check list were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Mitigation measures. For effects that are '"Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. SOURCES City of Temecula General Plan. City of Temecula General Plan Final Environmental Impact Report. South Coast Air Quality Management District CEQA Air Quality Handbook. ,,/TEMEC FS101/VOL1 \DEPTS\PLANNING\CEQA\516PA98 IES.doc ATTACHMENT NO. 7 MITIGATION MONITORING PROGRAM /\TEMEC_FSI01\VOLI\DEPTS\PLANNING\STAFFRPT\516pa98-PC.doc 27 Land Use Planning General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Mitigation Monitoring Program Planning Application No. PA99-0516 (Tentative Parcel Map No. 29132) Conflict with applicable land use plan, policy or regulation. Ensure that development of the site complies with Conditions of Approva~ Grading plans shall be submitted for review and approval. Prior to the issuance of grading permits. Department of Public Works and Planning Department. General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Conflict with applicable land use plan, policy or regulation. Ensure that development of the site complies with Conditions of Approval A Consistency Check process shall be conducted. Prior to the issuance of building permits. Department of Building & Safety and Planning Department. Geologic Problems General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Expose people to impacts from seismic ground shaking. Ensure that soil compaction is to City Standards. A soils report prepared by a registered Civil Engineer shall be submitted to the Department of Public Works with the initial grading plan check. Building pads shall be certified by a registered Civil Engineer. Prior to the issuance of grading and building permits. Department of Public Works and Building and Safety Department. General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Expose people to impacts from seismic ground failure, including liquefaction. Ensure that soil compaction is to City Standards. A soils report prepared by a registered Civil Engineer shall be submitted to the Department of Public Works with the initial grading plan check. Building pads shall be certified by a registered Civil Engineer. Prior to the issuance of grading and building permits. Department of Public Works and Building and Safety Department. G:\Depts%PLANNING\CEQA\516pa98.Mitigation Monitoring Pgm.doc 1 General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Expose people to risks to life or property due to expansive soils. Utilize construction techniques that are consistent with the Uniform Building Code. Submit construction plans to the Building and Safety Department for approval, Prior to the issuance of a building permit. Building and Safety Department. General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Install septic tanks where soils are incapable of adequately supporting their use, Ensure that soils are prepared based upon percolation testing. The site shall be inspected during construction for compliance with the recommendations from approved percolation tests. Prior to the issuance of grading and building permits. Department of Public Works and Building and Safety Department, Water General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: The project will violate water quality or waste discharge requirements An erosion control plan shall be prepared in accordance with City requirements and a Storm Water Pollution Prevention Plan (SWPPP) shall be prepared in accordance with the National Pollution Discharge Elimination System (NPDES) requirements. The applicant shall submit a SWPPP to the San Diego Regional Water Quality Control Board (SDRWQCB) for their review and approval, Prior to the issuance of a grading permit. Department of Public Works and SDRWQCB (for SWPPP). General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: The project will substantially alter the existing drainage pattern of the site An erosion control plan shall be prepared in accordance with City requirements and a Storm Water Pollution Prevention Plan (SWPPP) shall be prepared in accordance with the National Pollution Discharge Elimination System (NPDES) requirements. The applicant shall submit a SWPPP to the San Diego Regional Water Quality Control Board (SDRWQCB) for their review and approval. Prior to the issuance of a grading permit. Department of Public Works and SDRWQCB (for SWPPP). G:\Depts\PLANNING\CEQA\516pa98.Mitigation Monitoring Pgrn.doc 2 Transportation/Circulation General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Biological Resources General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Hazardous Materials General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Increase in vehicle trips or traffic congestion. Payment of Development Impact Fee for road improvements and traffic impacts. Payment of the Public Facilities Development impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecuia Municipal Code. Prior to the issuance of building permits. Building and Safety Department. Increase in vehicle trips or traffic congestion. Payment of Development Impact Fee for traffic signal mitigation Payment of the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code. Prior to the issuance of building permit. Building and Safety Department. Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds). Pay Mitigation Fee for impacts to Stephens Kangaroo Rat, Pay $500.00 per acre of disturbed area of Stephens Kangaroo Rat habitat. Prior to the issuance of a grading permit. Department of Public Works and Planning Department. Expose people or structures to a significant risk or loss involving wildland fires, Payment of Development Impact Fee for Fire Mitigation. Payment of the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code Prior to the issuance of building permit. Building & Safety Department. G:\Depts\PLANNING\CEQA%516pa98,Mitigation Monitoring Pgm.doc 3 General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Noise General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Public Services General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Expose people or structures to a significant risk or loss involving wildland fires. Ensure adequate fire flow, street widths and fuel modification requirements are met. Review of construction plans for compliance with Fire and Building Codes. Prior to the issuance of building permit. Building & Safety Department and Fire Department. Expose people to a substantial temporary or periodic increase in ambient noise levels. Construction activity shall comply with City ordinances regulating the hours of activity in residential areas. City inspectors shall periodically monitor the construction site to ensure compliance. During active construction of the site. Building & Safety Department and Department of Public Works. A substantial effect upon and a need for new/altered schools, No significant impacts are anticipated. Payment of School Fees. Pay current mitigation fees with the Temecula Valley Unified School District. Prior to the issuance of building permits. Building & Safety Department and Temecula Valley Unified School District. G:\DeptS\PLANNING\CEQA%516pa98.MitigatiOn Monitoring Pgm.doc 4 General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: A substantial effect upon and a need for maintenance of public facilities, including roads. Payment of Development Impact Fee for road improvements, traffic impacts, and public facilities. Payment of the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15,06 of the Temecula Municipal Code. Prior to the issuance of building permits. Building and Safety Department. Aesthetics General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: The creation of new light sources will result in increased light and glare that could affect the Palomar Observatory. Use lighting techniques that are consistent with Ordinance No. 655. Submit lighting plan to the Building and Safety Department for approval. Prior to the issuance of a building permit. Building & Safety Department. G:\Depts%PLANNING\CEQA%516pa98,Mitigation Monitoring Pgm.doc 5 ITEM #7 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION August18,1999 Planning Application No. PA99-0197 Prepared By: Dave Hogan, Senior Planner RECOMMENDATION: The Community Development Department - Planning Division Staff recommends the Planning Commission: ADOPT the Negative Declaration for Planning Application No. PA99-0197; and, ADOPT Resolution No. 99- recommending approval of an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE SEVERAL CHAPTERS OF TITLE 17 TO ESTABLISH DETAILED STANDARDS FOR LARGE FAMILY DAY CARE HOME FACILITIES, RE-CATEGORIZE TEMPORARY USES, AMEND YARD AND SETBACK REQUIREMENTS FOR ACCESSORY STRUCTURES IN RESIDENTIAL ZONES, CLARIFY FLOOR AREA RATIO BONUS PROVISIONS, AND MAKE NUMEROUS MINOR MODIFICATIONS TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION PA99-0197). BACKGROUND Staff periodically brings back development code amendments and clarifications to the Planning Commission and City Council when the need for possible changes has been identified. These proposed Development Code amendments represent a compilation of a number of identified changes into a single staff report and ordinance. The proposed ordinance would amend several areas of the Development Code to address the following: The processing and approval of small and large family day care home facilities; The categorization of temporary uses; The clarification of residential lot sizes and accessory structure setback requirements; The enhancement and updating of senior and affordable housing provisions; and Other minor clean up and typographic corrections. ANALYSIS Lame Family Day Care Facilities The City has recently received a number of inquiries for large family day care home facilities. According to State Law, large day care homes can provide care for up to 14 children. After R:\STAFFRPT~197PA99 PC.doc reviewing the current code provisions, a number of corrections were proposed. The proposed Development Code amendments would (1) differentiate between small and large family day care home facilities, (2) provide a detail process about how the large facilities would .be reviewed and approved (in accordance with State Law); and (3) will clarify who has the authority to approve the application. These corrections are contained in Sections 1,2 and 3 of the ordinance in Attachment No. 2. Re-Classify Temporary Uses After several years of processing applications for Temporary Use Permits, staff has determined that not all applications need the same level of review. Consequently, staff is proposing that temporary uses be divided into two categories, major and minor. The permits for the major temporary uses would continue to be processed much as they have been, The permits for minor temporary uses would normally be approved either over-the-counter or, at most, a few days after the application had been submitted. The list of temporary uses that is shown in the draft ordinance is the same list of uses that is shown in the current code. These corrections are contained in Section 4 of the ordinance in Attachment No. 2. Clarify Table 17.06.040 and AccessoN Use Setbacks The residential zoning chapter in the Code has a number of provisions that seem to cause confusion. As a result, staff has identified the following clarifications and modifications to the Residential Development Standards table and the setback provisions for accessory structures and second units. These corrections are contained in Section 5 of the ordinance in Attachment No. 2. Update the Senior and Affordable Housinq Provisions As the City's Affordable Housing Program begins to take on more diverse projects, staff has identified a need to provide additional detail and to ensure that the City Development Code complies with State Law. The proposed amendment further subdivides Section 17,06.050.H into a subsection on senior housing and congregate care and another on affordable housing. Though both areas relate to the need to provide appropriate housing to members of the community who often have difficulty finding appropriate housing, the specific requirements that apply to each are very different. The amendment also further mimics the provisions of state law in terms of the density bonus incentives and the development standard concessions. These differences necessitated the need to further clarify this section of the Development Code. T. hese corrections are contained in Sections 6 and 7 of the ordinance in Attachment No. 2, Other Minor Clean-up Items Section 8 contains numerous clarifications, minor modifications, and typographic corrections that staff has identified. The only issue of note is the cleanup of the provisions for commercial floor area ratio incentives. The proposed changes further clarify the approval process and attempt to better define when the incentive can be approved. ENVIRONMENTAL DETERMINATION Staff prepared an Initial Environmental Study for the proposed Development Code amendments. The analysis indicated that the project would have not impact on the environment. As a result, staff is recommending that a Negative Declaration be approved. R:\STAFFRP~197PA99 PC.doc 2 Attachments: PC Resolution No. 99- - Blue Page 4 Proposed Ordinance - Blue Page 7 Initial Study - Blue Page 8 R:~STAFFRPT~197PA99 PC.doc 3 ATTACHMENT NO. 1 PC RESOLUTION NO. 99- R:\STAFFRPT~197PA99 PC.doc 4 ATTACHMENT NO. 1 PC RESOLUTION NO. 99-__ A RESOLUTION OF THE PLANNING COMMISSION FOR THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE SEVERAL CHAPTERS OF TITLE '17 TO ESTABLISH DETAILED STANDARDS FOR LARGE FAMILY DAY CARE HOME FACILITIES, RE-CATEGORIZE TEMPORARY USES, AMEND YARD AND SETBACK REQUIREMENTS FOR ACCESSORY STRUCTURES IN RESIDENTIAL ZONES, CLARIFY FLOOR AREA RATIO BONUS PROVISIONS, AND MAKE NUMEROUS MINOR MODIFICATIONS TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION PA99-0197)" WHEREAS, On November 9, 1993, the City Council of the City of Temecula adopted the General Plan; and WHEREAS, On January 25, 1995, the City Council of the City of Temecula adopted the City's Development Code; and WHEREAS, the City has identified a need to amend the adopted Development Code; and WHEREAS, notice of the proposed Ordinance was posted at City Hall, County Library, Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of Commerce; and, WHEREAS, a public hearing was conducted on July 21, 1999, at which time interested persons had an opportunity to testify either in support or opposition. NOW, THEREFORE, THE PLANNING COMMISSION FOR THE CITY OF TEMECULA DOES HEREBY RECOMMENDS THAT THE COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE SEVERAL CHAPTERS OF TITLE 17 TO ESTABLISH DETAILED STANDARDS FOR LARGE FAMILY DAY CARE HOME FACILITIES, RE-CATEGORIZE TEMPORARY USES, AMEND YARD AND SETBACK REQUIREMENTS FOR ACCESSORY STRUCTURES IN RESIDENTIAL ZONES, CLARIFY FLOOR AREA RATIO BONUS PROVISIONS, AND MAKE NUMEROUS MINOR MODIFICATIONS TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION PA99-0197)" THAT IS SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION AS EXHIBIT A. R:~STAFFRPT~197PA99 PC.dOC 5 PASSED, APPROVED, AND ADOPTED this 18th day of August, 1999. Ron Guerriero, Chairperson I HEREBY CERTIFY that the foregoing Resolution was duty adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 18th day of August, 1999 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\STAFFRP'F~197PA99 PC,doc 6 ATTACHMENT NO. 2 PROPOSED ORDINANCE NO. 99- R:\STAFFRPT~197PA99 PC.doc 7 ORDINANCE 99-__ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDINGTHE SEVERAL CHAPTERS OF TITLE 17 TO ESTABLISH DETAILED STANDARDS FOR LARGE FAMILY DAY CARE HOME FACILITIES, RE-CATEGORIZE TEMPORARY USES, AMEND YARD AND SETBACK REQUIREMENTS FOR ACCESSORY STRUCTURES IN RESIDENTIAL ZONES, CLARIFY FLOOR AREA RATIO BONUS PROVISIONS, AND MAKE NUMEROUS MINOR MODIFICATIONS TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION PA99- 0197) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 17.06.050.J of the Temecula Municipal Code is hereby amended to read as follows: Family Day Care Home Facilities. Small family day cam home facilities, as defined in Chapter 3.4, Division 2 of the Health and Safety Code, are permitted in all residential zoning districts. Although no specific permit is required, compliance with the performance standards contained in Section 17.06.050.J.3 of the Temecula Municipal Code is required. Large family day care home facilities, as defined in Chapter 3.4, Division 2 of the Health and Safety Code, are permitted in all residential zoning districts with the approval of a permit for a large family day care home facility pursuant to the provisions of Section 17.04.015 of the Temecula Municipal Code. Compliance with the performance standards contained in Sections 17.06.050.J.3 and J.4 of the Temecula Municipal Code are required. 3. All day care home facilities shall comply with the following requirements. All day care facilities shall be state licensed and shall be operated according to all applicable State and local health and safety requirements and regulations. The facility shall comply with all land use regulations and site development standards of the zoning district in which it is located. An outdoor play area shall be located in the rear yard area. Stationary play equipment shall not be located in required side yard setbacks or in the actual front yard. The outdoor play areas shall be securely locked and appropriately landscaped. A solid decorative fence or wall at least five feet in height shall be constructed on all property lines, except in the front yard. Materials, textures, colors, and design of the fence or wall shall be compatible with on-site and adjacent properties. All fences and walls shall \\TEMEC_FS201 '{)ATA',DEPTS~PLANNING~STAFFRPT~197pa99 - DC Amendment (VV X 3).doc 1 provide for safety with controlled points of entry. All on-site lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity appropriate to the use it is serving. In addition to the provisions of Subsection J.3 above, large family day care home facilities shall comply with the following requirements. In the LM distdct large day care facilities shall not be located within three hundred feet of another large family day care facility. Any additional design or operational requirements that may be necessary to ensure compatibility of the facility with the surrounding area and protect the public health and safety." Section 2. Section 17.04.015 creating Large Family Day Care Permits is hereby added to the Temecula Municipal Code to read as follows: "17.04.015 Large Family Day Care Permits Purpose and Intent. A large family day care permit is intended to allow the establishment of large family day care home facilities, as defined in Chapter 3.4, Division 2 of the Health and Safety Code, in a manner that is compatible with the surrounding area and that protects the general public health, safety and welfare. Application Requirements. Applications for large family day care permits shall be completed in accordance with the Section 17.03.030 of the Temecula Municipal Code. Notice. Upon the determination that a large family day care permit application is complete, the following shall occur: A public notice shall be sent to every residence within one hundred (100) feet of the site. The notice shall be mailed first class and postage pre-paid to the applicant and all occupants (at the site address) and property owners. 2. The Notice shall indicate the following information: The location and address of the proposed large family day care home facility. A description of the proposed activity, including the maximum number of permitted children and the days of the week and hours of the day that the facility is proposed to operate. A statement that the City will approve the proposed large family day care administratively unless a request for headng is filed with the director of planning. The fourteen (14) calendar day pedod within which a written request for a hearing can be made. \\TEMEC_FS201 tDATA~DEPTS~PLANNING~STAFFRPT~197pa99 - DC Amendment (~N X 3),doc 2 Headng. If a written request for a headng is filed with the director of planning dudng the fourteen (14) calendar day public headng request pedod, a noticed public headng shall he scheduled before the Planning Commission to consider the application. The notice of public headrig shall be sent to all residents and properly owners within three hundred (300) feet of the proposed facility. The requirements of Section 17.03.040.B.2 of the Temecula Municipal Code to notify at least thirty (30) property owners does not apply to the requirements of this headng notice. Approval. A large family day care permit may be appmved, conditionally approved or denied, either administratively by the director of planning or by the Planning Commission after the public hearing, If no requests for a public headng are received during the fourteen (14) calendar day hearing request pedod, the director of planning may approve or conditionally approve the large family day care home permit. As determined to be necessary and appropriate, the director may refer any initial application to the Planning Commission. Decisions of the Planning Commission may be appealed to the City Council, pursuant to Section 17.03,090 of the Temecula Municipal Code, Findings. The director of planning or Planning Commission, may approve or conditionally approve a large family day care permit only when the following findings can be made: The proposed use is compatible with the nature, character and use of the surrounding area. The large family day care use will not adversely effect adjacent residents or structures. The nature and location of the proposed use will not be detrimental to the health, safety, or welfare of the community and does not concentrate children in an dangerous location. Notice of Decision. A copy of the notice of decision shall be provided to the applicant in accordance with Section 17.03.040. E of the of the Temecula Municipal Code. Revocation. A large family day care permit may be revoked or modified by the director in accordance with the provisions of Section 17.03,080 of the Temecula Municipal Code." Section 3. described below. Chapter 17.03 of the Temecula Municipal Code is hereby amended as the following row: Table 17.03.010 of the Temecula Municipal Code is hereby amended to add Approval Large Family Day Care Home Facility *** Administrative Planning Planning Approval Director Commission X X City Council B. Add Footnote *** to Table 17.03.010 that reads as follows: "Large Family Day Care Home Facilities may be approved pursuant to the provisions of Section 17.04,015." \\TEMEC_FS201 ~ATAM:)EPTS%PLANNING%STAFFRPT~197pa99 - DC Amendment (VV X 3).doc 3 C. Footnote 1 of Table 17.06.040 is hereby amended to read as follows: "Subject to the provisions of Section 17.04.015 and Section 17.06.050.J." SECTION 4. Section 17.04,020.B of the Temecula Municipal Code is hereby amended to read as follows: "B. Permitted Uses. Temporary uses are divided into two general categories, minor and major. Major temporary uses have a potential to create health and safety problems, can occur on undeveloped property, could create traffic problems, and/or could potentially disrupt community life. Minor temporary uses occur on developed private property, generally commercial, for very shod time pedods. These temporary uses produce little noise, and have no impacts to adjacent properties or to traffic and public safety. Major Temporary Uses. The following major temporary uses may be permitted, subject to the issuance of a temporary use permit. Real estate offices and model homes within approved development projects. On- and off-site contractors' construction yards in conjunction with an approved active development project. Trailers, coaches or mobile homes as a temporary residence of the property owner when a valid residential building permit is in force. The permit may be granted for up to one hundred eighty days, or upon expiration of the building permit, whichever first occurs. Christmas tree sales lots, however, a permit shall not be required when such sale is in conjunction with an established commercial business holding a valid business license, provided such activity shall be only held from November 1st through December 31st. Fairs, festivals and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities. f. Pumpkin sales lots. g. Seasonal sale of agricultural products. Outdoor temporary swap meets or auctions, limited to two events per calendar year, not exceeding four consecutive days. Minor Temporary Uses. The following minor temporary uses may be permitted, subject to the issuance of a temporary use permit. Outdoor display and sales of merchandise within commercial land use districts, limited to two events per calendar year, not exceeding four consecutive days, including only merchandise customarily sold on the premises by a permanently established business. b. Public health and safety activities including emergency clinics and \\TEMEC_FS201 ~:)ATA%OEPT$'~LANNING~STAFFRPT~197pa99 ~ DC Amendment (~/X 3).doc 4 temporary inoculation centers. c. Sidewalk sale and vendor stands (non-mobile). d. Flower sales (non-mobile). e. Special lighting exhibits including spotlights. Veterinary clinics on developed sites that are not in conjunction with a veterinary facility (i.e., pet store, groomer). For temporary uses that am not listed in Subsections B.1 and B.2, the director of planning may, at his/her sole discretion, determine whether an unlisted temporary use should be classified as major or minor. This determination shall be based upon the similadties and differences with the above listed uses and an assessment of the proposed temporary use's compatibility with the zoning distdct and surrounding land uses." SECTION 5. The following changes are hereby made to Chapter 17.06. A. Section 17.06.050.D.3 is hereby amended to read as follows: "Separation. Accessory structures shall maintain a minimum separation of at least three feet from all other structures unless attached to the main structure. Except that storage and utility structures that are larger than 120 square feet shall not be located within six feet of another structure. Eaves or roof overhangs may not extend more than 1 foot into this six foot area from either direction." B. Add the following lines to Table 17.06.050D: Accessory Structure Detached Second Unit Detached Granny Flat Front Setback Not permitted in the actual front yard. Not permitted in the actual front yard. Rear Setback Refer to the rear yard setbacks in Table 17.06.040 Refer to the rear yard setbacks in Table 17.06.040 Side Setback Refer to the side yard setbacks in Table 17.06.040 Refer to the side yard setbacks in Table 17.06.040 C. In Table 17.06.050.D, add a footnote 2 to the Storage/Utility enclosure accesso~ structure line description, and add the following text to the end of the table. "2. Accessory structures with walls must be separated from other accessory and primary structures by at least six feet." D. To the end of Table 17.06.050[:), add a Footnote 3 that reads as follows: "Second units and granny flats that are attached to the main structure shall comply with the setback and yard requirements contained in Table 17.06.040." E. Amend Paragraph 17.06.050.M.3 to read as follows: "An attached second unit on a residential lot shall have a floor area between four hundred and one thousand two hundred square feet." SECTION 6. Section 17.06.050.H is hereby amended to read as follows: "H. Senior Housing/Congregate Care Facilities/Affordable Housing. Senior housing, congregate cam facilities, and affordable housing projects are permitted in the zoning \\TEMEC_FS201%DATA'~DEPTS~c~LANNING~STAFFRPT~197pa99 - DC Amendment {~V X 3),doe 5 distdcts identified below subject to the approval of a development plan. Affordable senior housing projects shall comply with the affordable housing provisions contained in Subsection 17.06.050.H.3. Senior housing shall comply with all the provisions of the Development Code unless modified by the following provisions: a. The maximum density The net livable area for each dwelling unit shall not be less than four hundred (400) square feet for an efficiency unit, five hundred fifty (550) square feet for a one-bedroom unit, and seven hundred (700) square feet for a two-bedroom unit. Kitchenettes may be permitted, provided they are sized to meet the immediate needs of the occupants of the unit. Congregate care projects shall comply with all the provisions of the Development Code unless modified by the following provisions: The maximum densities for congregate care facilities are not limited specifically to density requirements so long as all the site development standards are met (i.e. required setbacks, parking, landscaping, open space, etc.) The handicapped units shall be distdbuted equally throughout the project and shall comply with the standards set forth in Title 24 of the California Code of Regulations. Affordable housing and affordable senior housing projects are entitled to receive vadous incentives provided the project meets the requirements of Section 65915 of the Califomia Government Code. Affordable housing projects will receive at least one incentive from Subsection 17.06.050.H.3.a and at least one concession from Subsection 17.06.050.H.3.b. The project incentives and concessions are as follows: Density Incentives. Affordable housing projects are entitled to receive an increase in the allowable density of at least 25% over the density target in each residential zoning district. The maximum densities for affordable housing projects are as follows: In the H residential zoning district, the maximum density shall be thirty (30) units per acre. ii. In the M residential zoning district, the maximum density shall be eighteen (20) units per acre. iii. In the LM, L-2, and L-1 residential zoning districts the maximum density shall be twelve (12) units per acre. In all approved Specific Plans, the maximum density bonus shaft not exceed 50% of the target density in the planning area. \\TEMEC_FS201 ',DATA%DEPTS%PLANNING~,STAFFRPT~197pa99 - DC Amendment (VV X 3).doe 6 Development Standard Concessions. Any of the following development standard concessions may be granted by the approval authority for the project, unless a finding is made that these concessions are not necessary to provide the affordable housing units being proposed: i. An increase in the amount of required lot coverage; ii. A modification to the setback or required yard provisions; iii. An increase in the maximum allowable building height; iv. A reduction in the amount of required on-site parking; A reduction in the amount of onsite landscaping. except that no reduction in on-site recreational amenities may not be approved unless the affordable housing is in a close and easily accessible proximity to a public park with recreational amenities; vi. A reduction in the minimum lot area; or, vii. Approval of an affordable housing project in the Professional Office zone with the approval of a conditional use permit. The provisions of this Subsection also applies to all approved specific plans within the City of Temecula unless the specific plan contains specific standards for the type of housing being considered." SECTION 7. The following provisions related to senior and congregate care housing are also amend as described below: A. Amend Footnote 1 of Table 17.06.040 to read as follows: 'Affordable housing and congregate care facilities may exceed the stated densities pursuant to the provisions of Section 17.06.050, H." B. In Table 17.08.030, add a notation for Footnote 5 to the 'Congregate care housing for the eldedy' and 'Senior citizen housing" uses in the Description of Use category and add a Footnote 5 that reads as follows: "in the CC, SC, HT and PO Zones, all senior housing residential projects shall use the development and performance standards for the High Density Residential zone and the provisions contained in Section 17.06.050.H. In the NC Zone, all senior housing residential projects shall use the development and performance standards for the Medium Density Residential zone and the provisions contained in Section 17.06.050. H." C. To Table 17.08.030, add the following line: Description of Use NC CC HT I SC PO BP LI Affordable housing a C - - D. Add Footnote 6 to the end of Table 17.08.030: "6. Subject the provissons contained in Subsection 17.06.050.H." SECTION 8. The following provisions of the Temecula Municipal Code are also amended ~TEMEC_FS201 '~DATA~DEPTS~LANNING~STAFFRP'r~197pa99 - DC Amendment (VV X 3).doe 7 as follows: follows: The first three lines of Table 17.06.040 are hereby amended to read as Minimum net lot area (square feet) Minimum net lot area (acres) Maximum number of dwelling units per acre LOT AREA - 7,200 7,200 7,200 10 2.5 I ½ 12 20 B. In Table 17.08.030, delete the phrase "less than 5,000 sq. ft." from "Governmental offices" description of use. C. Section 17.08.050.A is hereby amended to read as follows: Commercial/Office/industrial Incentives - Increases in the Floor Area Ratio. As a part of the process of reviewing and approving an application for a development plan or conditional use permit, the approval authority may consider an increase in the maximum allowable intensity as indicated in Tables 17.08.040.A and B. The amount of the increased intensity shall not exceed the maximum of the density range or floor area ratio stated for the specific land use designation. The requested increase may not be approved if the city engineer determines that the increased intensity would create an unmitigatable impact upon traffic circulation or would overburden any utilities serving the area. To be eligible for an increase in the floor area ratio, the applicant must meet at least one of the following criteria. The project includes use(s) which provide outstanding and exceptional benefits to the city with respect to the employment, fiscal, social and economic needs of the community. Examples include: the provision of affordable housing that is easily accessible to and within close proximity to convenient shopping and employment, accessibility to mass transit facilities, and creative mixtures of land uses, housing types and densities. The project provides exceptional architectural and landscape design amenities which reflect an attractive image and character for the city. Examples include: extraordinary architectural design and landscaped entry features (may be within the public right-of-way), public trail systems, public plazas or gathering spaces, and recreational features in excess of what is required by this code. The project provides enhanced public facilities that are needed by the city, beyond those required mitigation impact measures. Examples include: the provision of community meeting centers, enhanced transportation improvements, off-site traffic signalization, police or fire stations, public recreation facilities, and common parking areas or structures to serve the community." \\TEMEC_FS201 ~DATA~DEPTS~PLANNING~STAFFRPT~197pa99 - DC Amendment ON X 3).doc 8 D. Section 17.24.040.G is hereby amended to read as follows: =Facilities with over twenty-five vehicle parking spaces shall provide a minimum of one motorcycle parking space, plus one space for each additional twenty five required parking spaces. After the initial one hundred (100) parking spaces, one additional motorcycle parking space for each additional one hundred required spaces shall also be provided." E. In Table 17.03.010, Conditional Use Permits - new building. less than 10,000 sq. ft or greater, delete the words "less than". F. in Section 17.08.050.P.6, change the word "creams" to "creates". G. In Section 17.16.070, incorporate the following specific plan references adopted by Ordinance 98-13:"SP-9 Redhawk Specific Plan (Previous reference: SP #217)" and "SP-10 Vail Ranch Specific Plan (Previous reference: SP #223)." H. In Section 17.22.040, the second sentence is hereby amended to read as follows: "When an application for a planned development overlay district is filed, the concurrent preparation and approval of a development plan may be required by the director of planning to ensure that all appropriate site development details and compatibility issues are addressed." I. In the firat sentence of 17.24.020.E, change the word "my" to "any". J. In Section 17.24.050.A, after the words "within enclosed garages shall" insert the words "have an interior dimension of at least". K. In the title and first sentence of Section 17.24.050.1, change the words "From" to "Front" and "from" to "front". Modify the building size column in Table 17.24.060 to read as follows: "10,000 or less 10,001 to 20,000 20,001 to 50,000 50,001 or greater M. In Section 17.28.040.Q, correct the code citation from "17.12.060" to "17.28.060". SECTION 9. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any mason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 10. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. SECTION '11. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Councilmembers voting thereon, it shall be published in a newspaper published and circulated in said City. SECTION 12. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. \\TEMEC_FS201~DATA~)EPTS~LANNING~STAFFRPT~197pa99 - DC Amendment (W X 3).doe 9 PASSED, APPROVED AND ADOPTED this th day of ,1999. A'I'I'EST: Steven J Ford, Mayor Susan W. Jones, CMC [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 99- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the th day of ,1999 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the th day of ,1999, by the following vote: AYES: 0 COUNCILMEMBERS: None NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Susan W. Jones, CMC City Clerk \\TEMEC_FS201 ~DATA~DEPTS~PLANNING~STAFFRPT~t 97p~i19 - DC Amendment (~N X 3).doc 10 ATTACHMENT NO. 3 INITIAL STUDY R:\STAFFRPI~197PA99 PC.doc 8 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Development Code Amendment (PA99-0197) Lead Agency Name and Address Contact Person and Phone Number Project Location City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 David Hogan, Senior Planner (909) 694-6400 Citywide Project Sponsors Name and Address City of Temecula General Plan Designation Not applicable Zoning Not applicable Description of Project A comprehensive amendment to the Development Code to do the following: 1, The processing and approval of small and large family day care home facilities; 2. The further categodzation of temporary uses to facilitate permit streamlining; 3, The clarification of residential lot sizes and accessory structure setback requirements; 4. The enhancement and updating of senior and affordable housing provisions; 5, The modification of the commercial floor area ratio increase incentive; and 6, Other minor dean up and typographic corrections, Surrounding Land Uses and Setting Not applicable Other public agencies whose approval is required None. R:\CEQA\197PA99 IES.doc 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 (To be completed by the lead agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared, I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an eadier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the eadier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an eadier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Pdnted name For R:~CEQA\197PA99 IES.d~c 2 1. Land Use and Planning. Would the project: Physically divide an established community? Conflict with applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigation an environmental effect? Conflict with any applicable habitat conservation plan or natural community conservation plan? ,/ 2. POPULATION AND HOUSING. Would the project: a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Pmentiazly Slgfuhcanl Impacl. ImpHd 3. GEOLOGY AND SOILS. Would the project? a. Expose people or structures to potential'substantial adverse effects, including the dsk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii)Seismic-related ground failure, including liquefaction? iv) Landslides? b. Result in substantial soil erosion or the loss of topsoil? ,/ ,/ ,/ ,/ ,/ ,/ R:%CEQA%197PA99 IES.doc 3 Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Be located on expansive soil, as defined in Table 1801-B of the Uniform Building Code (19cJ4), creating substantial dsks to life or property? Have soil incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? 4. HYDROLOGY AND WATER QUALITY. Would the project: __ ..d S.em,,d~ ~.e=~.~. ViOlate any water quality standards or waste discharge requirements? Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that them would be a net deficit in aquifer volume or a Iowedng of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which perTnits have been granted)? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or dver, in a manner which would result in substantial erosion or siltation on- or off-site? Substantially altar the existing drainage pattern of the site or area, including through the alteration of the course of a stream or dver, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Otherwise substantially degrade water quality? Place housing within a 100-year flood hazard area as mapbed on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Place within a 100-year flood hazard area structures which would impede or rediract flood flows? Expose people or structures to a signiflcent dsk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Inundation by seiche, tsunami, or mudflow? ./ ./ ,/ R:~CEQA\I97PA99 IES.doc 4 AIR QUALITY. Where available, the significance criteria established by the applicable quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a. Conflict with or obstruct implementation of the applicable air quality plan? b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c. Result in a cumulatively considerable net increase of any criteda pollutent for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors? d. Expose sensitive receptors to substantial pollutant concentrations? e. Create objectionable odors affecting a substantial number of people? TRANSPORTATION/TRAFFIC. Would the project: Issue~ and SuglxNtjng InlOtmralk-m Sources Cause an increase in traffic which is substantial iN' relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle tdps, the volume to capacity ratio on roads, or congestion at intersections? Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety dsks? Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Result in inadequate emergency access? Result in inadequate parking capacity? Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g.. bus turnouts, bicycle racks? R:\CEQA\197PA99 IES,doc 5 BIOLOGICAL RESOURCES: Would the project: Have a substantial adverse effect, either directly or' through habitat modifications, on any spedes identified as a candidate, sensitive. or spedal status species in local or regional plans, policies, or regulations. or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Have a substantial adverse effect on any ripadan habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vemal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlib nursery sites? Conflict with any local polides or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? MINERAL RESOURCES. Would the project: Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Imped ,/ Signmficerd UnkrJ, Lees Than M4:gation $:gnlflcant No ,/ R:\CEQA%197PA99 IE$.doc 6 9. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? Crate a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? For a project within the vidnity of a pdvata airstrip, would the project result in a safety hazard for people residing or working in the project area? Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Expose people or structures to a significant dsk or loss, injury or death involving wildland rites, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 10. NOISE. Would the project result in: issues end Supporting ;ffm,,n~ion 5ogme= Exposure of ~ople to severe noise levels in ex~ss ~ standa~s established in ~e Io~1 general plan or noise ordinan~, or appli~ble standards of other agencies? ~sum of ~mons to or generation of excessive groundborne vibration or groundborne noise levels? A substantial ~anent in~ease in ambient noise levels in the proje~ viciniW above levels existing wi~out ~e projec~ !e~g'_,~t' Incorpo~led_ ...... Impact R:~CEQA\197PA99 IES.doc 7 A substantial temporary or pedodic increase in ambient noise levels in the project vicinity above levels existing without the project? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airpod or public use airport, would the project expose people residing or working in the project area to excessive noise levels? For a project within the vicinity of a pdvate airstrip, would the project expose people residing or working in the project area to excessive noise levels? ,r ,/ 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: Would the project result in substantial adverse physical impacts associates with the provisions of new or physically altered governmental fadlities, need for new or physically altarad governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services? Fire protection? Police protection? Schools? Parks? Other public facilities? 12. UTILITIES AND SERVICE SYSTEMS: Would the project: IMUei end Su.pgg~....~g Inleemation Sources Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment fadlities or expansion of existing fadlities, the construction of which could cause significant environmental effects? Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Than Impaca ImpaLl ,f No I R:\CEQA%197PA99 IES.doc 8 Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Comply with federal, state, and local statutes and regulations related to solid waste? ,/ 13. AESTHETICS. Would the project: Have a substantial adverse effect on a scenic vista? Substantially damage scenic resources, including, but not limited to, trees, rock outcropping, and histodc building within a state scenic highway? Substantially degrade the existing visual character or quality of the site and its surroundings? Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 14. CULTURAL RESOURCES. Would the project: Cause a substantial adverse change in the significance of a historical resource as defined in Section 1506.5? Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 1506.5? Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Disturb any human remains, including those interred outside of formal cemeteries? .~L.~..._._'_,___~m..,l~... Potentsally ~ 5sEnihcant Unless ' L.e~s Than No ,/ ,/ ,/ 15. RECREATION. Would the project: m4,...d su;a,e~e .e=.,.~, so.r.. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical detedoretion of the facility would occur or be accelerated? Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? R:%CEQA\197PA99 IES.doc 9 Slgnlhcant Impact ,/ 1" a. Does ~e pmje~ have ~e potn~al ~ degrade ~e quali~ of ~e envimnmen~ subs~n~ally r~u~ ~e habitat of a fish or ~ldlife ~edes, ~use a fi~ or ~ldlffe popula~on to drop ~low ~-sustaining levels. ~reaten ~ elimina~ a plant or animal ~mmuni~. mdu~ ~e number of res~ ~e range of amm or endangered plant or animal or eliminate impo~nt e~mples of ~e major pedods of California his~ or pmhisto~ b. Does the pmje~ have impa~ ~at am individually limited, but ~mulatively ~nsiderable? ("Cumula~vely ~nsidemble" means fiat the in~emen~l effe~ of a proje~ am ~nsidemble ~en vie~d in ~nne~on with the effe~ of ~st proje~s, ~e effe~s of o~er ~ent proje~, and ~e effe~s of probable future projects? c. Does ~e pmje~ have environmen~l effe~ ~i~ will ~use subs~n~al adverse effe~s on human beings, either dire~ly or indim~ly? Comments: The proposed amendment to the Development Code that proposes to amend a number of relatively minor provisions concerning in-home day care facilities, temporary land uses permits, lot size and required yard requirements, and senior and affordable housing performance standards. The modification of these provisions will not impact or noticeably effect any of the previously described environmental resources. The proposed changes continue to be consistent with the general impacts and discussed in the adopted General Plan and Final EIR. As a result, no adverse impacts have been identified and no mitigation measures are necessary. R:~CEQA\I97PA99 IES,doc 10 ITEM #8 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION August18,1999 Planning Application No. PA99-0291 (General Plan Amendment and Zone Change) Prepared By: David Hogan, Senior Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: APPROVE a Negative Declaration for Planning Application PA99-0291; and, ADOPT Resolution No. 99- recommending approval of Planning Application No. PA99-0291 based upon the Analysis and Findings contained in the Staff Report. APPLICATION INFORMATION APPLICANT: City of Temecula PROPOSAL/LOCATION: To amend the General Plan Land Use and the Zoning Maps for the City of Temecula for a site identified as Assessors Parcel Numbers 921-660-026, -027, -041, -042 located south of Via La Vida between Calle Palmas and Via Sevilla from Medium Density Residential to Low Medium Density Residential. To amend the General Plan Land Use Map for the City of Temecula for a site identified as Assessors Parcel Number 944-330-019 located between Rancho Highlands Drive and Interstate 15 from Open Space to Highway Tourist Commercial. To amend the General Plan Land Use and the Zoning Maps for the City of Temecula for the southerly third of a site identified as Assessors Parcel Number 950-120-004 located west of Avenida de Missiones from Open Space- Conservation to Professional Office. PROJECT STATISTICS Total Area: 9.4 +/- acres \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRPT\291PA99 - PC.doc BACKGROUND Staff has recently identified a number of needed adjustments that should be made to the General Plan Land Use and Zoning Maps. These city-initiated changes have been grouped together to simplify the hearing process before the Planning Commission and City Council. Though bundled together for processing, each of the three changes may be discussed and considered separately if the Commission deems it appropriate. ANALYSIS These proposals would change the General Plan Land Use map and Zoning Maps in several areas of the City. A detailed discussion of each change area follows. Site 1: South side of Via La Vida General Plan: 6 +/- acres Medium Density Residential to Low Medium Density Zoning: 6 +/- acres Medium Density Residential to Low Medium Density This area consists of approximately six acres of vacant property that is surrounded by single family residences. The homes to the west and north are smaller homes on 4,000 square foot tots. The homes to the east and south are larger homes on 8,000 to 14,000 square foot lots. The proposal would change the General Plan and Zoning designations to allow approximately 28 single family homes to be constructed on 7,200 +/- square foot lots. The proposed change would facilitate development that would create a transition between the smaller and larger homes. Site 2: Rancho Highlands Drive General Plan: 1.4 +/- acres Open Space to Highway Tourist Commercial The purpose of this amendment is to clarify a mapping discontinuity between the Rancho Highlands Specific Plan and the General Plan Land Use Map. The Land Use Map in the Rancho Highlands Specific Plan shows open space over much of this property. This open space actually appears to represent landscaped slopes that were supposed to form a transition between Planning Area 2 (commercial) and Planning Area 6 (high density residential and commercial). This is supported by Riverside County's approval of Parcel Map 23624 in 1989. At that time, the entire larger parcel was subdivided into three commercial sites without any reference to open space. The other two parcels of this map are developed and are occupied by Marie Calendars Restaurant and the Embassy Suites Hotel. This proposal would allow the commercial development envisioned in the specific plan and parcel map to occur. The zoning standards for this site are still contained in the Rancho Highlands Specific Plan. Site 3: West side of Avenida de Missiones General Plan: 2 +/- acres Open Space to Office Professional Zoning: 2 +/- acres Open Space-Conservation to Professional Office The purpose of this amendment is to clarify a mapping error west of Avenida de Missiones. During the adoption of the General Plan, the southern portion of this 7.2 acres site was inadvertently included in the Temecula Creek channel open space area. Subsequent communications with the Army Corps of Engineers and the U.S. Fish and Wildlife Service indicate that this area is not considered to be part of Temecula Creek's channel because it is located behind the existing creek \\TEMEC_FS 1 O1 \VOL1 ~DEPTS\PLANNING\STAFFRPT\291 PA99 - PC,doc 2 channel improvements. Consequently, staff is recommending that the General Ran and Zoning designations on the southern third of this site be changed to Professional Office. Copies of the above mentioned communications are included in Attachment No. 4. ENVIRONMENTAL DETERMINATION An Initial Environmental Study was prepared for this project to determine if the proposed changes would result in any environmental impacts beyond those impacts identified in the Final Environmental Impact Report for the City General Plan. The Initial Study indicated that overall, the proposed General Plan Amendments and Zone Changes would not result in impacts beyond those originally anticipated for the City General Plan. These amendments will result in a very slight increase, less than one thousand, in daily vehicle trips. However, overall the impacts of these General Plan changes will not have an impact beyond those anticipated in the certified Final Environmental Impact Report for the General Plan. As a result, these potential increases are not considered significant and staff recommends that a Negative Declaration be adopted. SUMMARY/CONCLUSIONS Staff has evaluated these proposals and has determined that these amendments to the General Plan Land Use and Zoning Maps are appropriate and will be compatible with the other land uses in their respective areas and recommends that the Planning Commission recommend approval of these changes to the City Council. FINDINGS General Plan Amendment 1. The amendments are compatible with the health, safety and welfare of the community. 2. The amendments are compatible with existing and surrounding uses. The amendments will not have an adverse effect on the community and are consistent with the goals and policies of the adopted General Plan. Change of Zone 1. The changes are compatible with the health, safety and welfare of the community. 2. The changes are consistent with the approved revisions to the General Plan Land Use Map. The changes will not have an adverse effect on the community and are consistent with the goals and policies of the adopted General Plan. \\TEMEC_FS101',VOL1\DEPTS\PLANNING%STAFFRPT%291PA99 - PC.doc 3 Attachments: PC Resolution No. 99- - Blue Page 5 Exhibit A - Resolution No, 99- - Blue Page 9 Exhibit B - Ordinance No. 99- - Blue Page 13 Initial Study - Blue Page 16 Exhibits - Blue Page 17 A. Location Map B-1 Site 1 Existing General Ptan Map C-1 Site 1 Existing Zoning Map B-2 Site 2 Existing General Plan Map C-2 Site 2 Existing Zoning Map B-3 Site 3 Existing General Plan Map C-3 Site 3 Existing Zoning Map D-1 Site 1 Proposed General Plan Land Use and Zoning Map D-2 Site 2 Proposed General Plan Land Use Map D-3 Site 3 Proposed General Plan Land Use and Zoning Map Correspondence on Site 3 - Blue Page 28 \\TEMEC FSlOl%VOL1\DEPTS\PLANNING\STAFFRPT\291PA99 - PC.doc 4 ATTACHMENT NO. 1 PC RESOLUTION NO. 99- \\TEMEC_FS 101 \VOL1 \DEPTS%PLANNING\STAFFRPT\291 PA99 - PC.doc 5 ATTACHMENT NO. I PC RESOLUTION NO. 99-006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE A RESOLUTION ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA CITY KNOWN AS ASSESSOR'S PARCEL NOS. 921-660-026, 921-660-027, 921-660- 041,921-660-042, 944-330-019, AND 950-120-004 (PLANNING APPLICATION NO. PA99-0291)" AND ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA CITY KNOWN AS ASSESSOR'S PARCEL NOS. 921-660-026, 921-660-027, 921-660-041,921-660-042, AND 950-120-004 (PLANNING APPLICATION NO. PA99-0291)" WHEREAS, The City of Temecula initiated Planning Application No. PA99-0291, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA99-0291 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, notice of the proposed Ordinance was posted at City Hall. Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and, WHEREAS, the Planning Commission considered Planning Application No. PA99-0291 on August 18, 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 opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of Planning Application No. PA99-0291; 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. Findings. A. The Planning Commission, in recommending approval of these General Plan Amendments, make the following findings: community. The amendments are compatible with the health, safety and welfare of the 2. The amendments are compatible with existing and surrounding uses. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRPT\291PA99 - PC.doc 6 3. The amendments will not have an adverse effect on the community and are consistent with the goals and policies of the adopted General Plan. B. The Planning Commission, in recommending approval of these Changes of Zone, make the following findings: The changes are compatible with the health, safety and welfare of the community. Land Use Map. The changes am consistent with the approved revisions to the General Plan 3. The changes will not have an adverse effect on the community and are consistent with the goals and policies of the adopted General Plan Section 3. Environmental Compliance. An Initial Environmental Study was prepared for this project to determine if the proposed changes would result in any environmental impacts beyond those impacts identified in the Final Environmental Impact Report for the City G.eneral Plan. The Initial Study indicated that overall, the proposed General Plan Amendments and Zone Changes would have not result in impacts beyond those originally anticipated for the City General Plan. The exceptions are that three areas; circulation, air quality, and biologic resource impacts are expected to see small reductions in the anticipated environmental impacts. As a result, the Planning Commission determines that the potential impacts of these changes were adequately addressed by the Final Environmental Impact Report for the City General Plan and that no further environmental analysis is required. Section 4. The City of Temecula Planning Commission hereby recommends approval of Planning Application No. PA99-0291 (General Plan Amendment and Change of Zone) and recommends that the City Council do the following: A. Approve a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP FOR VARIOUS AREAS THROUGHOUT THE CITY KNOWN AS ASSESSOR'S PARCEL NOS. 921-660-026. 921- 660-027,921-660-041,921-660-042, 944-330-019, AND 950-120-004 (PLANNING APPLICATION NO. PA99-0291 )" substantially in the form that is attached to this resolution as-Exhibit A; and, B. Adopt an Ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA CITY KNOWN AS ASSESSOR'S PARCEL NOS. 921-660-026,921 ~660-027,921-660-041,921-660-042, AND 950-120-004 (PLANNING APPLICATION NO. PA99-0291 )" substantially in the form that is attached to this resolution as Exhibit B. \\TEMEC_FS 101%VOL 1 \DEPTS\PLANN ING\STAFFRPT\291PA99 - PC,doc 7 PASSED, APPROVED, AND ADOPTED this 18th day of August 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 18th day of August, 1999 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary \\TEMEC_FS101\VOLl\DEPTS\PLANNING\STAFFRPT%291PA99 - PC.doc 8 EXHIBIT A DRAFT RESOLUTION NO. 99-__ \\TEMEC_FS101 \VOL1 \DEPTS\PLANNING\STAFFRPT\291 PA99 - PC.doc 9 EXHIBIT A RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP FOR VARIOUS AREAS THROUGHOUT THE CITY KNOWN AS ASSESSOR'S PARCEL NOS. 921-660-026, 921-660-027, 921-660- 041,921-660-042, 944-330-019, AND 950-120-004 (PLANNING APPLICATION NO. PA99-0291) WHEREAS, The City of Temecula initiated Planning Application No. PA99-0291, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA99-0291 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and, WHEREAS, the Planning Commission considered Planning Application No. PA99-0291 on August 18, 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 suppor~ or.opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of Planning Application No. PA99-0291; WHEREAS, the City Council conducted a public hearing pertaining to Planning Application No. PA99-0291 on ,1999, at which time interested persons had opportunity to, and did testify either in support or opposition to Planning Application No. PA99-0291; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding Planning Application No. PA99-0291; NOW, THEREFORE, THE CITY COUNCIL 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. Findings The City Council, in approving Planning Application No. PA99-0291 (General Plan Amendment) hereby makes the following findings: community. A. These amendments are compatible with the health, safety and welfare of the B. These amendments are compatible with existing and surrounding uses. C. These amendments wile not have an adverse effect on the community and are consistent with the goals and policies of the adopted Genera1 Plan. \\TEMEC_FSlOl\VOLl\DEPTS\PLANNING\STAFFRPT\291PA99 - PC.doc Section 3. Amendments To The General Plan Land Use Map The City Council hereby amends the General Plan Land Use Map on the following parcels in the manner specified below: A. For the parcels identified as APN 921-660-026, -027, -041, and-042; change the Land Use Designation from Medium Density Residential to Low Medium Residential; B. For the parcel identified as APN 944-330-019: change the Land Use Designation from Open Space (OS) to Highway Tourist Commercial (HT); and ' C. For the southern third of the parcel identified as APN 950-120-004; change the Land Use Designation from Open Space to Office Professional. Section 4. Environmental Compliance. An Initial Environmental Study was prepared for this project to determine if the proposed changes would result in any environmental impacts beyond those impacts identified in the Final Environmental Impact Report for the City General Plan. The Initial Study indicated that overall, the proposed General Plan Amendments and Zone Changes would have not result in impacts beyond those originally anticipated for the City General Plan. The exceptions are that three areas; circulation, air quality, and biologic resource impacts are expected to see small reductions in the anticipated environmental impacts. As a result, the City Council determines that the potential impacts of these changes were adequately addressed by the Final Environmental impact Report for the City General Plan and that no further environmental analysis is required. Section 5. Severability The City Council hereby declares that the provisions of this Resolution are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Resolution to be invalid, such decision shall not affect the validity of the remaining parts of this Resolution. Section 6. The City Clerk shall certify the adoption of this Resolution. \\TEMEC_FS 101 \VOL1 \DEPTS\PLANNING\STAFFRPT\291 PA99 - PC.doc Section 7, PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this ~ day of ,1999, Steven J. Ford, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CiTY OF TEMECULA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the day of ,1999 by the following vote of the Council: AYES: CITY COUNCILMEMBERS: NOES: CITY COUNCILMEMBERS: ABSENT: CITY COUNCILMEMBERS: Susan W. Jones, CMC City Clerk \\TEMEC_FSlOl\VOLl\DEPTS\PLANNING\STAFFRpT\291pA99 - PC.doc EXHIBIT B DRAFT ORDINANCE NO. 99- \/TEMEC FS 101 \VOL1 \DEPTS\PLANNING\STAFFRPT\291PA99 - PC .doe EXHIBIT B ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA CITY KNOWN AS ASSESSOR'S PARCEL NOS. 921- 660-026, 921-660-027, 921-660-041,921-660-042, AND 950-120- 004 (PLANNING APPLICATION NO. PA99-0291) THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Public hearings have been held before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law of the State of California, and the City Code of the City of Temecula. The following changes to the land use district shown on the Official Land Use map for the City of Temecula are hereby adopted. A. The zoning designation for the parcels identified as Assessors Parcel Nos. 921-660- 026,921-660-027,921-660-041, and 921-660-042 are changed the Medium Density Residential (M) to Low Medium Residential (LM); and B. The zoning designation for the parcel identified as Assessors Parcel No. 950-120- 004 is changed from Open Space-Conservation (OS-C) to Professional Office (PO). Section 2. Notice of Adoption. Within 10 days after the adoption hereof, the City Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be posted in at least three public places in the City. Section 3. Taking Effect. This ordinance shall take effect 30 days after the date of its adoption. Section 4. Environmental Compliance. An Initial Environmental Study was prepared for this project to determine if the proposed changes would result in any environmental impacts beyond those impacts identified in the Final Environmental Impact Report for the City General Plan. The Initial Study indicated that overall, the proposed General Plan Amendments and Zone Changes would have not result in impacts beyond those originally anticipated for the City General Plan. The exceptions are that three areas; circulation, air quality, and biologic resource impacts are expected to see small reductions in the anticipated environmental impacts. As a result, the City Council determines that the potential impacts of these changes were adequately addressed by the Final Environmental Impact Report for the City General Plan and that no further environmental analysis is required. Section 5. This Ordinance shall be in full force and effect thirty (30) days ~fier its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a cedified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. \/TEMEC_FS101 \VOL1 \DEPTS\PLANNING\STAFFRPT%291 PA99 - PC,doc Section 6. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this day of ,1999. ATTEST: Steven J. Ford, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. __ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the __ day of , 1999, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the day of ,1999 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk \\TEMEC_FS101\VOL1\DEPTS\PLANNING\STAFFRPT\291PA99 - PC.doc ATTACHMENT NO. 2 INITIAL STUDY \\TEMEC FSlO1\VOLl\DEPTS\PLANNING\STAFFRPT%291PA99 - PC,doc RE VISED Project Title Lead Agency Name and Address Contact Person and Phone Number Project Locations Project Sponsor's Name and Address General Plan Designation (Current) Zoning (Current) Proposed General Plan Designations) Proposed Zoning District Surrounding Land Uses and Setting City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Planning Application No. PA99-0291 (General Plan Amendment and Zone Change) City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 David Hogan, Senior Planner (909) 694-6400 Site 1 - A site located on the south side of Via La Vida (APN's 921-660-026, -027, -041 and -042). Site 2 - A small area located between Interstate 15 and Rancho Highlands Drive (APN 944-330-019). Site 3 - A portion of the site located on the west side of Avenida de Missiones (APN 950-120-004) City of Temecula Site 1 - Medium Density Residential Site 2 - Open Space (landscaped slope) Site 3 - Office Professional and Open Space Site 1 - Medium Density Residential (M) Site 2 - Specific Plan 2 - Planning Area 2 Site 3 - Professional Office and Open Space-Conservation Site 1 - Low Medium Density Residential Site 2 - Highway Tourist Commercial Site 3 - Office Professional Site 1 - Low Medium Density Residential (LM) Site 2 - No changes proposed Site 3 - Professional Office (PO) Site 1 -- The site is surrounded by Medium and Low Medium density single family residences. Site 2 - The site is located adjacent to developed commercial and undeveloped high density residential/commercial property and Interstate 15. Site 3 - The site and the property to the west is vacant. The property to the east contains single family residences. Other public agencies whose approval None. is required This Initial Environmental Study is being completed to compare the differences between the current General Plan Land Use and Zoning Designations evaluated using the Final EIR for the City General Plan with the proposed changes to the Land Use and Zoning Maps. For the purpose of this analysis, equivalent impacts and reductions in overall impacts are being treated as "No Impact" in the attached checklist. The revisions to the earlier version of this Initial Environmental Study are shown in Italics. R:\CEQA\291 PA99 - EIS.doc 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: 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 EtR 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: July 19, 1999 David Hogan For: The City of Temecula R:\CEQA\291 PA99 - EIS .doc 2 Potentially Less Than Significant Significant Impact imDacl ISSues and Supporting Information Sources Potentially Significant Unless Mitigation Incorporated No impact 1. LAND USE AND PLANNING. Would the proposal: 1.8. 1.c. 1.d. "/ Conflict with general plan designation or zoning? (Source 1, Figure 2-1, Page 2-17) 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)? (Source 1, Figure 5-4, Page 5-17) Disrupt or divide the physical arrangement of an established community (including low-income or minority community)? I I.e. Comments 1 .a,c The project is three general plan amendments and two required zone changes that can be characterized as (1) a reduction in a residential land use designation, (2) clarify a mapping discontinuity between the general plan and the Rancho Highlands Specific Plan, and (3) a mapping errorin the original GeneraiPlan. The General Plan Land Use Map shows an area of open space for Change No. 2 that appears to correspond to a previously envisioned landscaped slope between previously subdivided parcels. Because the Specific Plan did not really envision an open space area in this location, and a non-open space lot has already been created, Change No. 2 appears to be a mapping error that is proposed for correction. The area represented by Change No. 3 was shown as an open space element of the Temecula Creek channel. Further reseamh as indicated that the property is actually not part of the channel and should have been designated as Office Professional on the General Plan Land Use map. The area of this change comprises about 2 acres As a result, the environmental impacts associated with this project are expected to be similar to the originally anticipated in the Environmental impact Report for the City General Plan. 1 .b The project will not conflict with applicable environmental plans or polices adopted by agencies with jurisdiction over the project. The impacts from the General Plan Land Use Designations were analyzed in the Environmental Impact Report the General Plan. Agencies with jurisdiction within the City commented on the scope of the analysis contained in the EIR and how the land uses would impact their particular agency. Mitigation measures approved with the EIR will be applied to this project. Further, all agencies with jurisdiction over the project are also being given the opportunity to comment on the project and it is anticipated that they will make the appropriate comments as to how the project relates to their specific environmental plans or polices. No significant effects are anticipated as a result of this project. 1 .d Both sites are vacant properties surrounded by urban scale development. Neither site has been used for agricultural activities within the last twenty years. As a consequence, any environmental impacts associated with this project are expected to be equivalent to those impacts identified in the original General Plan. R:\CEQA\291PA99 - EIS.doc 3 1.e Potenual~y Potentially Significant Less Than Significant Unless S~gnificant NO Issues and Supporting Information Sources impact Mitigation ~rnpac[ Irnpac: Incorporated The project will not disrupt or divide the physical arrangement of an established community (including low-income or minority community. As a consequence no significant effects are anticipated as a result of this project. 2. POPULATION AND HOUSING. Would be proposal: 2.a. 2.c. Cumulatively exceed official regional or local population Projects? (Source 1, Page 2-23) Induce substantial growth in an area either directly or indirectly (e.g. through project in an undeveloped area or extension of major infrastructure)? Displace existing housing, especially affordable housing? (Source 1, Figure 2-1, Page 2-17) ,7 ,7 Comments The project will not result in development that would cumulatively exceed official regional or local population projections, will not induce substantial growth in the area either directly or indirectly, and will not displace any type of housing. The project sites are either already developed or are proposed to remain substantially undeveloped. As a result, no significant effects are anticipated from this project. 3. GEOLOGIC PROBLEMS. Would the proposal result in or Expose people to potential impacts involving? 3.a. 3.b. 3.c. 3.d. 3.e. 3.f. 3.g, 3.h. 3.i. Fault rupture? (Source 1, Figure 7-1, Page 7-6 ) Seismic ground shaking? Seismic ground failure, including liquefaction? (Source 1, Figure 7-2, Page 7-8) Seiche, tsunami, or volcanic hazard? Landslides or mudflows? (Source 1, Figure 7-2, Page 7-8) Erosion, changes in topography or unstable soil conditions form excavation, grading or fill? Subsidence of the land? (Source 1, Figure 7-2, Page 7-8) Expansive soils? Unique geologic or physical features? ,/ ,/ ,/ ,/ ,/ ,/ ,/ Comments This project does not represent a change from the impacts addressed in the original EIR for the City General Plan. As a result, no additional impacts have been identified. 4. WATER. Would the proposal result in: 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 R:\CEQA\291PA99 - EIS.doc 4 4.c, 4.d. 4.e. 4.f. 4.g. 4.h. 4.i, Issues and Supporting Information Sources hazards such as flooding? (Source 1, Figure 7-3, Page 7-10; Figure 7-4, Page 7-) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? Changes in the amount of surface water in any water body? Changes in currents, or the course or direction of water movements? 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? 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? Poten[iatl¥ Significant Impact Los5 Than S~gnifican~ Impact No Comments This project does not represent a change from the impacts addressed in the original EIR for the City General Plan. However, there is the potential that the operation of the detention area will result in an incremental increase in local groundwater recharge. As a result, no additional impacts have been identified. 5. AIR QUALITY. Would the proposal: 5.a. 5.b. 5.c. 5.d. Violate any air quality standard or contribute to an existing or projected air quality violation? (Source 1, Page 2-29) Expose sensitive receptors to pollutants? Alter air movement, moisture or temperature, or cause any change in climate? Create objectionable odors? Comments The proposed General Ran and Zoning amendments does not represent a noticeable change in vehicle trips, the major source of air pollution in the southwest portion of Riverside County. The amendment would in approximately the same number of vehicle trips as was originally envisioned in the EIR for the General Plan. As a result, this project represents an insignificant change in the impacts addressed in the original EIR for the City General Plan, 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: 6,a, Increase vehicle trips or traffic congestion? Hazards to safety from design features (e.g. sharp curves or dangerous intersections or incompatible R:\CEQA\291PA99 - EtS.doc 5 6.c, 6.d. 6.e. 6.f. 6.g, Issues and Supporting Informatlon Sources 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? Potentially Significant Impact Less Than S~9n~hcant ImpacI Comments: The proposed General Plan and Zoning amendments does not represent a noticeable change in vehicle trips, the major source of air pollution in the southwest portion of Riverside County. The amendment for Site 1 could result in a reduction of approximately 230 vehicle trips per day. The amendment for Site 2 could result in an increase of up to approximately 500 vehicle trips per day. The amendment for Site 3 could result in an increase of up to approximately 475 vehicle trips per day. As a result, this project represents an insignificant change in the impacts addressed in the original EIR for the City General Plan given the number of trip generation decreases that have also occurred in recent years. 7. BIOLOGICAL RESOURCES: Would the proposal result in impacts to: 7.a. 7.b. 7.c. 7.d. 7.e. 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.)? Wetland habitat (e.g. marsh, riparian and vernal pool)? Wildlife dispersal or migration corridors? Comments: This project does not represent a change from the impacts addressed in the original EIR for the City General Plan. As a result, the project is expected to result in no change in the impact to biologic impacts. 8. ENERGY AND MINERAL RESOURCES. Would the proposal: 8.a. 8.c. 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? R:\CEQA\291PA99 - EIS.doc 6 Issues end Supporting Information Sources Polent~aHy Sigmhcant Unless Mmgation Incorporated Comments: 8.all. This project does not represent a change from the impacts addressed in the original EIR for the City General Plan. As a result, no additional impacts have been identified 9. HAZARDS. Would the proposal involve: 9.a. A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticjdes, chemical or radiation)? 9.b. Possible interference with an emergency response plan or emergency evacuation plan? 9.c. The creation of any health hazard or potential health hazard? 9.d. Exposure of people to existing sources of potential health hazards? 9.e. Increase fire hazard in areas with fiammable brush, grass, or trees? Comments: 9.all. This project does not represent a change from the impacts addressed in the original EIR for the City General Plan. As a result, no additional impacts have been identified 10. NOISE. Would the proposal result in: 10.a. 10.b. Increase in existing noise levels? (Source 1, page 8-9) Exposure of people to severe noise levels? Comments: 10.all. This project does not represent a change from the impacts addressed in the original EIR for the City General Plan. As a result, no additional impacts have been identified. 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: 11 .a. Fire protection? ,/ 11 .b. Police protection? 11 .c. Schools? ,/ 11 .d. Maintenance of public facilities, including roads? ,/' 11 .e. Other governmental services? Comments: R:\CEQA\291 PA99 - EIS.doc 7 11.a11. Potentially Potentially Significant Less Than Significant Unless Slgnihcant Issues and Supporting Information Sources Impact Mmgat~on ImpacI ! ~rnDact Incorporated J The project will not have an effect upon, or result in need for new or altered governmental services. No significant impacts are anticipated as a result of this project. 12. UTILITIES AND SERVICES SYSTEMS: Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: 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? Comments; 12.a. The project will not result in a need for new utility systems or substantial alterations to existing facilities. No significant impacts are anticipated as a result of this project. 13. AESTHETICS. Would the proposal: 13,a. 13,b. 13,c. Affect a scenic vista or scenic highway? Have a demonstrable negative aesthetic affect? Create light or glare? Comments: 13.all. This project does not represent a change from the impacts addressed in the original EIR for the City General Plan. As a result, no additional impacts have been identified 14, CULTURAL RESOURCES. Would the proposal: 14.a. Disturb paleontological resources? (Source 2, ,/ Figure 55 ) 14.b. Disturb archaeological resources? (Source 1, Page ,/ 281) 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: 14.a11. This project does not represent a change from the impacts addressed in the original EIR for the City General Plan. As a result, no additional impacts have been identified. R:\CEQA\291 PA99 - EIS,dOC 8 Potentially Less Than Significant Significant Impact Jmpacl Issues and Supporting Information Sources Poten~,aHy Significant Unless Mitigation Incorporated 15. RECREATION. Would the proposal: 15.a. 15.b. Increase the demand for neighborhood or regional parks or other recreational facilities? Affect existing recreational oppodunities? Comments: 15.all. The project will not impact or increase in demand for neighborhood or regional parks or other recreational facilities or affect the quality or quantity of existing recreational resources or opportunities. No significant impacts are anticipated as a result of this project. 16. MANDATORY FINDINGS OF SIGNIFICANCE. 16.a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 16.b. Does the project have the potential to achieve short- term, to the disadvantage of long-term, environmental goals? 16.c. Does the project have impacts that area individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in 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? Comments: None EARLIER ANALYSES. The Final Environmental impact Report for the City of Temecula General Ran, Certified in 1993. SOURCES 1. City of Temecula General Plan. 2. City of Temecula General Plan Final Environmental impact Report. R:\CEQA\291PA99 - EIS.doc 9 ATTACHMENT NO. 3 EXHIBITS R:\STAFFRPT\291PA99 - PC.doc CITY OF TEMECULA 3 CASE NUMBER: PA99-0291 EXHIBIT- A PLANNING COMMISSION DATE -AUGUST 18, 1999 LOCATION MAP P GENERAL PLAN AMENDIV (PA99-0291) CITY OF TEMECULA OS EXHIBIT B-1 - GENERAL PLAN DESIGNATION DESIGNATION - MEDIUM DENSITY RESIDENTIAL (M) CASE NUMBER: PA99-0291 PLANNING COMMISSION DATE -AUGUST 18, 1999 SITE I CITY OF TEMECULA LM - ZONING MAP N - MEDIUM DENSITY RESIDENTIAL (M) -'R: PA99-0291 SITE 1 OMMISSION DATE - AUGUST 18, 1999 CC CITY OF TEMECULA CC Ht O OS EXHIBIT B-2 - GENERAL PLAN DESIGNATION - OPEN SPACE (OS) CASE NUMBER: PA99~)291 PLANNING COMMISSION DATE -AUGUST 18, 1999 SITE 2 CITY OF TEMECULA EXHIBIT C-2 - ZONING MAP DESIGNATION - SPECIFIC PLAN (SP-2) CASE NUMBER: PA99-0291 SITE 2 PLANNING COMMISSION DATE -AUGUST 18, 1999 CITY OF TEMECULA U OS EXHIBIT B-3 - GENERAL PLAN DESIGNATION - OPEN SPACE (OS) CASE NUMBER: PA99-0291 SITE 3 PLANNING COMMISSION DATE- AUGUST 18, 1999 CITY OF TEMECULA "'OS;C" *--. · I.:M -lIBIT C..3 - ZONING MAP .SIGNATION - OPEN SPACE-CONSERVATION (OS.-C}) ~SE NUMBER: PA99-,0291 LANNING COMMISSION DATE -AUGUST 18, 1999 SITE 3 CITY OF TEMECULA GP: :ZONING: Low Medium Residential- Low Medium Residential~ CASE NUMBER: PA99-0291 EXHIBIT D~I SITE 1 ~ PROPOSED GENERAL PLAN AND ZONING PLANNING COMMISSION DATE - AUGUST 18. 1999 CiTY OF TEMECULA / GP: Highway Tourist Commercial -ZONING: Highway Tourist Commercial CASE NUMBER: PA99-0291 EXHIBIT D-2 PLANNING COMMISSION DATE -AUGUST 18, 1999 SITE 2 - PROPOSED GENERAL PLAN CITY OF TEMECULA ~ GP: / \ZONING: Professional Professional Office CASE NUMBER: PA99-0291 EXHIBIT D-3 SITE 3 - PROPOSED GENERAL PLAN AND ZONING PLANNING COMMISSION DATE -AUGUST 18, 1999 ATTACHMENT NO. 4 CORRESPONDENCE ON SITE 3 ,,, a OM DODSON & ASSOCIATES 2150 N. ARROWHEAD AVENUE SAN BERNARDINO, CA 92405 TEL (909) 882-3612 · FAX (909) 882-7015 E-MAIL tda~empirenet.com March 31, 1999 U.S. Army Corps of Engineers Regulatory Branch ATTN: Spencer McNeil 911 Wilshire Boulevard, 11th Floor Los Angeles, CA 90017 By Subject: Follow-up to site visit on small parcel (Ray Schooley property) on the corner of State Highway 79 and Avenida De Missions in Temecula, Riverside County, California Dear Spencer: This letter is a follow-up to your site visit to the subject property with Ms. Lisa Kegarice on March 16, 1999 on the parcel adjacent to the Presley Development, located across Avenida De Hissions in Temecula (Ray Schooley property, see the attached map and aerial photo). Lisa is overwhelmed by Quino surveys at this moment, so she asked me to transmit this letter to you in response to your request for additional information. As you may recall, this site has been isolated from the active channel of Temecula Creek by a large channel wall or levee (see aerial) installed by Presley during the construction of their residential tract across (to the east) of the subject site. In the field Lisa indicated that the isolation of this parcel from Temecula Creek's flows has rendered this parcel no longer subject to 404 jurisdiction. Subsequent to your and Lisa's visit to the site, you confirmed that the berm had been permitted by the Corps and the subject parcel was legally isolated by the channel wall. However, you then questioned whether or not the southern portion of the parcel had been included in a County open space or mitigation easement for the Presley project. We have obtained the City m~ps and have determined that the parcel was not encumbered in any manner by the Conservation Easement. The attached map and aerial photo illustrates the various features (roads, channel wall, conservation easement area and Mr. Schooley's property) which verify that the conservation easement extends to the westerly boundary of Mr. Schooley's property and does not encompass any of his property. Based on the attached information and your discussions with Lisa on this matter, we are requesting your concurrence that this parcel is not subject to Section 404 of the Clean Water Act and that no further procedural interaction with the Corps under Section 404 is required for future development of this site. Should you be to busy to respond to this transmittal, we will proceed under the assumption that, if we do not hear from you by April 15, 1999 regarding this matter, you do concur with these conclusions. :[ want to thank you for your timely help in this matter. :If you have any questions regarding the contents of this letter or would like any additional information, please do not hesitate to give Lisa or 1~ a call at your convenience. Sincerely, Tom Dodson Attachment cc: Ray Schooley Randy Fleming LarD/Markham Patricia K. Anders 2 REPLY TO ATTENTION OF: DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 April 7, 1999 Office of the Chief Regulatory Branch Ray Schooley c/o Tom Dodson & Associates Attn: Lisa Kegarice 2150 NorL~ Arrov~'hcad A~,'anue San Berr~ardino, California 92405-4002 Dear Ms. Kegarice: Reference is made to your letter (No. 199915516-SDM) dated April 2, 1999 requesting a Department of the Army jurisdictional determination for the Ray Schooley property, located between the north side of the Presley Homes Levee (frontlug Temecula Creek) and the south side of Highway 79, adjacent to Avertida de Missiones, in the City of Temecula, Riverside Cotlnry. California. Based on the information b.~mished in your letter and gathered during our March 16, 1999 field visit, we have determined that your proposed project does not discharge dredged or fill material into a water of the United States or an adiacent wetland. Therefore, a project occurring on the Ray Schooley parcel, as long as it does not extend southwest past the existing Presley Homes Levee into the Conservation Easement area (see attached drawing), is not subject to our jurisdiction render Section 404 of the Clean Water Act and a Section 404 permit is not required from our office.' Any discharge of dredged or filI material into the Conservation Easement area (i.e., immediately adjacent to the west end of the Presley Homes Levee) would require prior Seceion 404 authorization. The receipt of your letter is appreciated. ]i you have any questions, please contact Spencer D. MacNell of my staff at (213) 452-3418. Sincerely, ~,~.ark Durham 6Chief, South Coast Section Regulatory Branch In compliance with the Americans with Disabilities Act, If you need special assistance to participate in this meeting, please contact the office of the Community Development Department at (909) 694-6400. Notification 48 ho urs prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to ~at meeting ['28 CFR 35.t02.35.104 ADA Title II] August 18, 1999, 6:00 PM 43200 Business Park Drive Council Chambers Temecula, CA 92590 Resolution Next In Order #99-028 CALL TO ORDER: FLAG SALUTE: ROLL CALL: Chairperson Guerriem Fahey, Guerriero, Mathewson, 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 aJI other agenda items a "Request to Speak" form must be flied with the Planning Secretary before Commission gets to that item. There is a three (3) minute time limit for individual speakers. COMMISSION BUSINESS 2. 3. 4. Approval of Agenda ACTION: APPROVED 5-0 Minutes from July 21, 1999 ACTION: APPROVED 5-0 Director's Hearing Update ACTION: RECEIVE AND FILE Finding of Public Convenience or Necessity for High Society Bilfiard and Dart Club ACTION: 1-3-1, WEBSTER APPROVED, FAHEY/GUERRIERO/MATHEWSON OPPOSED, NAGGAR ABSTAINED ****CONTINUED OFF CALENDAR**** PUBLIC HEARING ITEMS 5. Case No: Applicant: Location: Proposal: Environmental Action: Planner Recommendation: ACTION: Planning Application No. PA99-0301 (Revisions to previously approved PA98- 0386 Development Plan) John Firestone On the southeast corner of Rancho Califomia Road and Ridge Park Drive. The design, construction and operation of a 50,100 square foot speculative office building with associated parking and landscaping located on a parcel containing 4.01 gross acres. Determination of consistency with previously certified Mitigated Negative Declaration Patty Anders, Assistant Planner Approval APPROVED 5-0 R:\wimbervg\plancomm~agendas\1999\8-18-99.doc Case No: Applicant: Location: Proposal: Environmental Action: Case Plannen Case Engineer:. Recommendation: ACTION: Planning ApplicaUon No. PA98-05t6 (TentaUve Parcel Map No. 29132) Raymond Schooley Southwest corner of State Highway 79 and Avenida De Missions To subdivide 6.68 acres of land into five (5) lots zoned Office Professional. Mitigated Negative Dedaration Patty Andors, Assistant Planner Annie Bostre-Le Approval APPROVED 5-0 Case No: Applicant: Location: Proposal: Environmental Action: Planner, Recommendation: ACTION: Amendments to the Development Code (Planning Application PA97-0197) City of Temecula Citywide To amend the Development Code to do the following: 1. Establish standards for Large Family Day Care Home Facilities; 2. Establish permitting requirements for the approval of Large Family Day Care Home Facilities; 3. Re-categorizing temporary uses; 4. Amend accessory structure setback requirements; 5. Modify the senior housing, congregate care, and affordable housing provisions; 6. Clarity parts of the floor area ratio incentive bonus; and, 7. Make numerous other minor changes to the Development Code. Recommend Adoption of a Negative Declaration Dave Hogan Approve a Resolution Recommending Adoption of an Ordinance APPROVED SUB-ITEMS 3-7 (5-0) CONTINUED OFF CALENDAR SUB-ITEMS 1 AND 2 (5-0) Case No: Applicant: Location: Proposals: Environmental Action: City-iniUated General Plan Amendments and Zone Changes (Planning Application PA97-029'1) City of Temecula Site I - South side of Via La Vida between Calle Palmas and Via Sevilla. Site 2 - South of the Embassy Suites Hotel between Interstate 15 and Rancho Highlands Drive. Site 3 - West side of Avenida de Missiones north of Temecula Creek. Site 1 - Amend the General Plan Land Use and the Zoning Maps for the City of Temecula for an site identified as Assessors Parcel Numbere 921-660-026,-027, -041, -042 and located South of Via La Vida between Calle Palmas and Via Sevilla from Medium Density Residential to Low Medium Density Residential. Site 2 -To amend the General Plan Land Use Map for the City of Temecula for a site identified as Assessors Parcol Number 944-330- 019 and located between Rancho Highlands Drive and interstate 15 from Open Space to Highway Tourist Commercial Site 3 -To amend the General Plan Land Use and the Zoning Maps for the City of Temecula for the southerly portion of a site identified as Assessors Parcel Number 950-120-004 and located west of Avenida de Missiones from Open Space-Conservation to Professional Office. Recommend Adoption of a Negative Declaration R:\wimbervg\plancomm~agendas\1999\8-18-99.doc 2 Planner. Recommendation: ACTION: Dave Hogan, Senior Planner Approve a Resolution Recommending Adoption of an Ordinance APPROVED SITE 1 AND 3 (5-0) CONTINUED OFF CALENDAR SITE 2 (5-0) PLANNING MANAGERS REPORT COMMISSIONER REPORTS ADJOURNMENT Next regular meeUng: September 1, 1999, 6:00 PM, City Council Chambers, 43200 Business Park Ddve, Temecula, California, 92590 R:\wimbcrvg\plancomm\agendas\1999\8-18-99.do~ 3