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HomeMy WebLinkAbout120899 PC Agendareasonabk arrangemefds b ensure ~,.---!l~il~y to that mee~ng L28 CRt 3S.t0~.'K.tO4 ADA 'ntk IQ CALL TO ORDER: FLAG SALUTE: ROLL CALL: PUBLIC COMMENTS TEMECULA PLANNING COMMISSION December 8, 1999 ~ 6:00 PM 43200 Business Park Drive Council Chambers Temecula, CA 92590 Resolution Next In Order #99-049 Chairperson Guerdem Fahey, Guerdero, Mathewson, and Webster A total of 15 minutes is provided so members of the public can address the commissioners on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commissioners about an item not listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request to Speak" form must be filed with the Planning Secretary before Commission gets to that item. There is a three (3) minute time limit for individual speakers. COMMISSION BUSINESS 2. 3. 4. Approval of Agenda Minutes from November 3, 1999 Elect a New Co-Chair person Public Convenience or Necessity for Proposed Ultramar Gas Station Matthew Fagan PUBLIC HEARING ITEMS Case No.: Planning Application No. PA97-0307 (Tentative Parcel Map 28627) Applicant: Margadta Canyon, LLC 27740 Jefferson Avenue, Temecula, CA 92590 Location: Located adjacent to Interstate 15, southwest of the intersection of Old Town Front Street and Highway 79 south (The future Western Bypass Corridor). Assessor's Parcel Number922-210-047). Proposal: Planning Application No. PA97-0307 is a proposal to subdivide an approximately 37-acre parcel in 10 commercial lots and one open space lot. Environmental Action: City Staff is recommending that an Environmental impact Repod (EIR) be prepared for this project. Case Planner: John DeGange Recommendation: Approve 6. Case No: Applicant: Location: Proposal: Environmental Action: Planner:. Recommendation: Pinning ApplicaUon Not PA99-0243 (Tentative Tract Map 29286); PA 994)244 (General Plan Amendment), and PA 994)245 (Zoning Amendment) Lennar Homes East of Margadta Road at the nodhem City limit. 1) PA99-0243 (Tentative Tract Map 29286) is a request to subdivide 9.75 acres into 38 single family residential lots and two open space lots that comply with the Low Medium (LM) Density Residential zoning classification (3-6 dwelling units per acre); 2) PA 99-0244 (General Plan Amendment) to remove the subject site from the Specific Plan oreday designation on Figure 2-5 of the General Plan and revert back to the underlying Land Use Designation of Low Medium (LM) Density Residential of the General Plan Land Use map; 3} PA 99-0245 (Zoning Amendment) to change the existing zoning map from Spedtic Plan Oreday (SP} to Low Medium (LM) Density Residential which is consistent with the underlying General Plan Land Use designation of Low Medium (LM) Density Residential. Mitigated Negative Declaration !~ :'~ -' ' Patty Anders, Assistant Planner Approval 7. Case No: Applicant: Location: Proposal: Rancho Highlands Drive General Plan Amendment (Planning Application PA99-0451) City of Temecula South of Rancho California Road between Rancho Highlands Ddve and Interstate 15 To approve a General Ran Amendment to change the Land Use Designation within a small portion of the Rancho Highlands Specific Plan from Open Space to Highway Tourist Commercial. Environmental Action: Adopt a Negative Declaration PLANNING MANAGERS REPORT COMMISSIONER REPORTS ADJOURNMENT Next regular meeting: December 15, 1999, 6:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California, 92590 F:~,DEPTS~PLANNING\wimbet'vg~plan~omm~agenaas\1999\12-8-99.do~ 2 ITEM #2 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION NOVEMBER 3, 1999 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:01 P.M., on Wednesday November 3, 1999, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, Califomia. ALLEGIANCE The audience was led in the Flag salute by Commissioner Webster. ROLL CALL Present: Absent: Also Present: Commissioners *Fahey, Mathewson, Naggar, and Webster. Chairman Guerfiero. Planning Manager Ubnoske, Deputy Director of Public Works Parks, Attomey Curley, Senior Planner Fagan, Senior Planner Hogan, Project Planner DeGange, and Minute Clerk Hansen. *(Commissioner Fahey arrived at 6:03 P.M.) PUBLIC COMMENTS No comments. COMMISSION BUSINESS 1. AOl3roval of AGenda It was noted that Commissioner Fahey arrived at 6:03 P.M. MOTION: Commissioner Mathewson moved to approve the agenda. The motion was seconded by Commissioner Webster and voice vote reflected approval with the exception of Chairman Guen-iero who was absent. 2. APproval of Minutes-October 6. 1999 MOTION: Commissioner Webster moved to approve the minutes, as written, The motion was seconded by Commissioner Mathewson and voice vote reflected approval with the exception of Chairman Guerdero who was absent, PUBLIC HEARINGS 3. PlanninQ Application No. PA97-O307 (Tentative Tract Map No. 28627) Request to subdivide an approximately 37-acre parcel in 10 commercial lots and one open space lot. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission continue the request. Planning Manager Ubnoske relayed staffs recommendation to continue this Agenda item to the December 1, 1999 Planning Commission meeting. MOTION: Commissioner Fahey moved to continue Agenda Item No, 3 to the December 1. 1999 Planning Commission meeting. The motion was seconded by Commissioner Webster.(This motion was ultimately amended. See page 9.) For Commissioner Mathewson, Planning Manager Ubnoske confirmed that staff would be working with the applicant in the interim pedod in order to address traffic issues and the environmental assessment. At this time voice vote was taken reflecting approval with the exception of Chairman Guerriero who was absent. Development AQreement between Pala Rainbow LLC and the City of Temecula (Plannincl Application No. PA99-0273) Request to approve a Development Agreement with Pala Rainbow LLC. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission approve the request. Apprising the Commission of the recent revisions to the proposed Agreement, Senior Planner Hogan presented the staff report (of record); relayed the proposed modification with respect to Section 1.15, entitled Project (per agenda material), specifying that the following additional uses would be permitted as general merchandise/retail store uses: camera shops, clothing sates, computer sales and service, furniture sales, and hardware stores, additionally, specifying that one of these general merchandise/retail uses would be permitted to be as large as 20,000 square feet; noted that the Agreement would prohibit restaurant uses (referencing Exhibit G of the staff report) in the Professional Office (PO) zoned parcal, west of Pala Road; for Commissioner Webster, advised that the area at the southwest comer of Pala Road and Cupeno Lane would not be included in the Development Agreement, noting that this particular parcel was owned by the City; and confirmed that the parcel line would end on the east side at the extension of Jedediah Smith Road. At this time Vice Chairman Naggar opened the public hearing. Mr. Phil Oberhansley, representing the applicant, provided the rationale for the proposed revisions associated with the previously restricted uses; and clarified that solely drive- through restaurant uses would be restricted, and not restaurants in general, in the above-mentioned PO Zone (Via Exhibit G of the agenda material.) At this time Vice Chairman Naggar closed the public hearing. Commissioner Mathewson relayed that due to the additional uses added to the general merchandise/retail as permitted uses via this particular Agreement, that at a future point in time the City may be restricted from prohibiting these particular uses; and recommended that staff investigate the issue of including a general merchandise/retail store included in the Development Code. MOTION: Commissioner Fahey moved to adopt Resolution No. 99-045 recommending approval of Planning Application No. PA99-0273 based upon the Analysis and Findings contained in the Staff Report, and subject to the attached Conditions of Approval; and to adopt the Negative Declaration for Planning Application No. PA99-0273. PC RESOLUTION NO. 99-045 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL BY THE CITY COUNCIL OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND PALA RAINBOW, LLC FOR PROPERTY LOCATED NEAR THE INTERSECTION OF HIGHWAY 79 SOUTH AND PALA ROAD (PLANNING APPLICATION NO. PA99-0273) The motion was seconded by Commissioner Mathewson and voice vote reflected approval with the exception of Chairman Guerriero who was absent. 5. Planning Al~l~lication No. PA99-0266 (Minor Conditional Use Permit) Request to operate an indoor skateboard park within a 21,346 square foot portion of a building within an existing business park. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission consider the applicant's request (Pursuant to Section 17. 03 of the Development Code. The Director of Planning has referred this item to the Planning Commission). Clarifying the rationale for this particular proposal being brought forward to the Planning Commission, Project Planner DeGange provided an overview of the staff report (per agenda material); relayed that significant issues had been raised with respect to the compatibility of this use with the existing adjacent uses; specified the expressed concerns of International Recti~er (a use in the vicinity of the proposed use which transports, stores and utilizes hazardous chemicals) as follows: 1) safety concerns with respect to the impact of a natural disaster, or an accident involving trucks, transporting hazardous materials, 2) the proposed use would restrict their ability to expand, and 3) traffic hazards due to the variant traffic patterns associated with the two alternate uses; relayed the Business Park Association's concerns with respect to the following: 1) incompatibility issues and 2) liability dsks; noted the applicant's response that there have been, and currently are similar uses located in this particular business complex (i.e., church, daycare.) Project Planner DeGange addressed the concerns of the Commission, as follows: For Commissioner Mathewson, relayed that the existing skate park use in Temecula had not had significant issues raised with respect to noise impacts, or Police incidents; and advised that the Police Department was contacted relative to this particular application, noting that no issues of concern had been raised. For Vice Chairman Naggar, noted that the previously cited daycare use no longer existed at this particular Business Park, noting that the use would no longer be permitted per Development Code standards; and with respect to the type of disaster event raised as a concern by International Rectifier, specified the issues expressed were an 8.0 earthquake, or an explosive fire. Mr. Steven Graft, attorney for the applicant, submitted for the Commission's information that this proposed project would not have an adverse impact on the community; addressed the issues of concern, as follows: with respect to the issue raised regarding a liability dsk, advised that the proposed use would maintain secudty personnel inside and outside of the skateboard park. restricting children from skateboarding outside of the use, noting that the patrons would be paying for their use of the skateboard park, and would be unlikely to utilize the exterior area; with respect to the issue of safety, relayed the recent approval of a skateboard park on Rio Nedo which generated a higher generation of traffic; with respect to the issue of incompatibility, noted the existence of an adjacent church use; advised that the altemate previously approved skateboard park (on Rio Nedo) was located in a higher concentration of industrial uses; with respect to the issue of the impact of a natural disaster, (i.e., an 8.0 earthquake) advised that an earthquake of that magnitude would adversely affect the residents of Temecula, regardless of the location of a skateboard park; with respect to the potential of a hazardous disaster, noted the location of a 30,000-gallon propane tank in close proximity to the location of the Rio Nedo skateboard park (recently approved by the City); relayed that due to the existing type of uses in the vicinity of this particular business park location (i.e., church, City Hall), the risk factors have been proven to be at acceptable limits. For clarification purposes. Planning Manager Ubnoske relayed that the previously approved skateboard park on Rio Nedo was approved via a Director's Hearing, and not by the Planning Commission. Via overhead photographs, Mr. Rohn Korman, the applicant, provided an overview of the project, highlighting site location, and the parking facility of this particular proposal; via photographs at vadous times of day, relayed that there was no utilization of on-street parking at this particular location; relayed the comparison of the numerous vehicles utilizing on-street parking at the Rio Nedo Business Park (the location of a previously approved skateboard park); highlighted the amenities proposed for this particular project; noted the alternate existing uses, inclusive of the associated activities for women and children; advised that he had provision of a five-hour videotape which had been directed towards International Rectifier's receiving and shipping entrance, demonstrating five truck deliveries during a five-hour period; relayed that in his opinion, the skateboard park would be an asset to the City of Temecula, noting that the applicant would cooperate fully to ensure compatibility; for Vice Chairman Naggar, provided the hours of operation (of record); confirmed that there would be security personnel on duty Fridays, Saturdays, and Sundays; specified the distance between the area of storage of hazardous materials at the International Rectifier use and this particular use as approximately 1100 feet, noting the similar proximate location of the Boys and Gids Club, the Captain's Cabin Restaurant, and two church uses. For informational purposes, Planning Manager Ubnoske clarified that there was a Condition of Approval that required the applicant to prepare a security plan which would be reviewed by the Police Department. The following individuals spoke in opposition to the project, as proposed: n Mr. Dan Dierken n Mr. Jeff Leque n MS. Kelley Dresler [] Mr. Dennis Burke [] Mr. Roy Millendaer representing International Rectier representing International Ractl~er representing Endar Corporation representing Ftancho California Business Park Association representing Chemicon International The above-mentioned individuals spoke in opposition to the project for the following reasons: Incompatible with adjacent uses v Lack of sidewalks for children's utilization Potential for truck accidents due to the presence of children This particular use would restrict the permitting process for International Recti~er v Safety hazard for children due to the proximate location of chemical storage v Hazard with respect to numerous truck deliveries Referenced a similar use in the City of Vista, recently closed due to the skateboard park not adhering to the stipulated regulations v Additional generation of traffic ,, Unsupervised youth For Commissioner Mathewson, Mr. Dierken clarified the issue regarding this proposed use jeopardizing International Recti~er's ability to expand, and to process permits due to the regulating agencies' determination that children are sensitive receptors; and provided additional information regarding the company's Risk Management Plan. 5 In response to Commissioner Webster's querying with respect to the Risk Management Plan, specifically, the Offsite Consequences Analysis, Mr. Leque provided additional information; noted the concern with respect to the storage of hazardous chemicals, in light of the wind conditions at the site, and the presence of numerous children, if this project was appreved; and for Commissioner Fahey, advised that a quick evacuation in the event of an emergency would be restricted due to the children being dropped off at the skateboard park with no means of immediate transport. For Commissioner Webster, Mr. Burke advised that the Board of Directors for the Rancho California Business Park would maintain their determination that this project was incompatible with the existing uses, and would not allow this type of use in the business park; and relayed that permitting the church use was a mistake, noting that similar uses are no longer allowed. The following individuals spoke in favor of the project, as proposed: [] Pastor Buttrey Mr. Paul Akian a Ms. Suzanne Green a Mr. Edc Green representing Valley Christian Center owner of the property 40142 Patchwork Lane 37241 Floral Creek The above-mentioned individuals were proponents of the project for the following reasons: ,/ Recommended relocating any facility that poses a great safety hazard to a more remote area due to this particular area being heavily populated Opposed restricting the property owner of this business from allowing a use that meets the requirements for a Conditional Use Permit The use was consistent with the General Plan Relayed the historical behavior of Mr. Korman's activities with children, noting that the patrons of the skateboard park would be well-supervised Compatible with the existing uses (i.e., church) The need for this type of facility in the City of Temecula Patrons would remain in the skateboard park due to the fee paid for the use Noted the pdde of ownership Mr. Korman had displayed with respect to his home and business, relaying that the facility would be well-maintained In response to the expressed concerns, Mr. Korman relayed the data of the truck delivery surveillance he had conducted which resulted in the viewed generation of a total of 32 trucks within a six-hour pedod (between the hours of 2:00 P.M. and 6:00 P.M.); provided additional information received via centact of the California Highway Patrol regarding the safety of these particular type of trucks in the event of an accident; and relayed the favorable aspects of locating the skateboard park at this site with regard to safety and compatibility. in compadson to the previously approved skateboard park on Rio Nedo. The Commission relayed their concluding remarks, as follows: · While acknowledging the need for a skateboarding facility in the City of Temecula, and while noting her own son's enjoyment of the activity, Commissioner Fahey relayed her concern with respect to the location of this particular project; reconnoitered the past event at which time the City flooded, and children had to be evacuated via helicopter transport at the roller-skating facility; and noted that due to this project being proposed in a Light Industrial area, she could not support the project. · Commissioner Mathewson relayed his comments, as follows: with respect to children accessing the site via pedestrian use, advised that due to the remote location of the site, children would most likely be accessing the site via vehicle transport; regarding the safety issues associated with the proximate storage of hazardous chemicals. noted that the area was currently heavily populated with community members due to that vast number of employees frequenting the area; with respect to Intemational Rectifier's ability to expand, advised that this particular facility would not preclude the business from expansion; with respect to vandalism issues, noted that in light of the COA requiring that the applicant submit a security plan, this issue would be adequately addressed; with respect to the noise impact, compared the noise impact of operating heavy manufacturing equipment and truck transport, with the noise of children, advising that the impact of children' noise would not adversely affect the businesses in the area; and relayed his support of the project. · With respect to conformance with the General Plan in the Development Code, Commissioner Webster relayed that this activity was allowable within this zoning district as a Conditional Use Permit. as long as the Commission could make the findings; advised that the issue of truck traffic would not substantiate a denial of this project; with respect to children skateboarding outside of the facility. relayed that this was a Police enforcement matter, noting that the COAs within this Planning Application adequately addressed this issue; regarding safety issues, advised that there were no State or Federal regulations which would restrict uses adjacent to facilities with a Risk Management Plan; with respect to the adjacent companies' desire for the facility to be prohibited due to the existing uses safety concerns, noted that this rationale would be denote adverse condemnation; while acknowledging that the matter of children being sensitive receptors could be a substantial issue, noted the lack of evidence presented as to whether this particular use would qualify as a sensitive receptor. and what the potential affect would be on the existing and future businesses; with respect to traffic issues, relayed the this particular facility would be a point of destination use; with respect to CEQA issues. relayed that the negative environmental impact associated with this use was not substantiated; with respect to the Business Park Association's determination to prohibit this particular use, noted that this was a separate issue; and in concurrence with Commissioner Mathewson, relayed his support of this Planning Application. · Vice Chairman Naggar relayed his comments, as follows: with respect to the fear of children darting in and out of traffic, advised that the security plan (required per the Conditions of Approval), and the hiring of official security personnel would adequately mitigate this concern; concurring with the previous Commission comments, relayed that in his opinion, this particular project would not inhibit International Rectifier's ability to WmaCmrmVedautle/110,111 expand; advised that the project conforms to the General Plan under the Development Code; noted that the traffic associated with this proposed project would not adversely affect the existing uses; and relayed his support of the project. MOTION: Commissioner Mathewson moved to approve Planning Application No. PA99- 0266. (This motion was amended.) MOTION: Commissioner Mathewson moved to approve Planning Application No. PA99* 0266. and to adopt a Notice of Exemption for Planning Application No. PA99-0266. PC RESOLUTION NO. 99-046 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99-0266, (MINOR CONDITIONAL USE PERMIT) A REQUEST TO OPERATE AN INDOOR SKATEBOARD PARK WITHIN A 21,346 SQUARE FOOT PORTION OF A BUILDING WITHIN AN EXISTING BUSINESS PARK, LOCATED AT 43300 BUSINESS PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NO. 92t4)20-055 The motion was seconded by Commissioner Webster and voice vote reflected approval with the excel~tion of Chairman Guerriero who was absent and Commissioner Fahey who voted n_.9. PLANNING MANAGER'S REPORT With respect to the cdteria for Findings for Convenience or Necessity for alcoholic establishments, Planning Manager Ubnoske relayed that the issue would be brought forward to the Planning Commission in December 1999. Noting the cancellation of the November 13, 1999 Design Review Workshop which had been scheduled to be held from 9:00 A.M. to 3:00 P.M., Planning Manager Ubnoske advised that the workshop would be rescheduled for the beginning of 2000. Per Commission request, Planning Manager Ubnoske relayed that the issues related to the Traditional Neighborhood Design would be brought forward to the Commission, advising that a workshop schedule would be presented at an upcoming Commission meeting. For informational purposes, Planning Manager Ubnoske relayed that the Cosco project would be presented to the Commission at the first December Planning Commission meeting. Attorney Cudey advised that staff was requesting that the Commission make motion for reconsideration of the action with respect to Agenda Item No. 3, due to the December 1 Planning Commission meeting potentially being rescheduled due to the City's ten-year Anniversary Celebration being held on December 1, 1999. MOTION: Commissioner Fahey moved to reopen the Public Hearing with respect to Agenda Item No. 3. Commissioner Webster seconded the motion and voice vote reflected unanimous approval with the exception of Chairman Guerriero who was absent. At this time the Commission continued back to Agenda Item No. 3. 3. Planning Apl~lication No. PA97-0307 (Tentative Tract MaD No. 28627~ Request to subdivide an approximately 37-acre parcel in 10 commercial lots and one open space lot. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission continue the request. Planning Manager Ubnoske recommended that the Commission reschedule the December Planning Commission meetings for December 8. 1999, and December 15, 1999 due to the City's ten-year Anniversary Event being held on December 1, 1999; and recommended that Agenda Item No. 3 be continued to the December 8, 1999 Planning Commission meeting. MOTION: Commissioner Fahey moved to continue Agenda Item No. 3 to the December 8, 1999 Planning Commission meeting. Commissioner Mathewson seconded the motion and voice vote reflected approval with the exception of Chairman Guerriero who was absent. At this time the meeting continue back to the regular order of the Agenda, and the Planning Manger's report continued. PLANNING MANAGER'S REPORT (Continued from page 8.) Planning Manager Ubnoske congratulated Vice Chairman Naggar for his recent election as a City Councilman. COMMISSIONER REPORTS Commissioner Mathewson applauded Vice Chairman Naggar for his recent election to the City Council. In response to Commissioner Mathewson's querying, Senior Planner Hogan relayed that the Large Family Daycare issue would be presented to the Planning Commission in January; and noted that there were no pending applications. C+ With respect to Commissioner Mathewson's querying regarding businesses that store hazardous materials, Planning Manager Ubnoske relayed the review process by the Fire Department associated with these types of uses. 9 Commissioner Webster provided additional information regarding the State and Federal regulations associated with uses that maintain a certain measure of hazardous chemical storage; noted the requirement to develop a Risk Management Plan, inclusive of an Offsite Consequence Analysis; and recommended that in the future. the City obtain a copy of the Risk Management Plan for these particular uses. Commissioner Mathewson requested that data be provided the Commission, regarding the dsks associated with these particular type of uses, at the time the project was presented to the Commission. Querying the prior approval of the Skateboard Park, Commissioner Fahey advised that the hazards associated with chemical storage should be seriously considered pdor to the approval of projects, Vice Chairman Naggar relayed the honor it had been to serve on the Planning Commission, commending the Commission for their diligent efforts associated with the projects that are presented; and applauded Chairman Guerriero for his excellent job chaidng the Commission. Vice Chairman Naggar relayed that he respected the actions of the Planning Commission, advising that the Commission pay particular attention to densities with respect to subdivision projects, ADJOURNMENT At 7:47 P.M. Vice Chairman Naggar formally adjourned this meeting to Wednesday. November 17, 1999 at 6:00 P.M., in the City Council Chambers. 43200 Business Park Drive. Temecula. Ron Guerriero, Chairman Debbie Ubnoske, Planning Manager 10 ITEM #3 ELECT A NEW CO-CHAIR PERSON ITEM #4 TO: FROM: DATE: SUBJECT: MEMORANDUM P anningOommiss' , , ~mber 8, 1998 f ~ r~ Finding of Public Convenien~ or Ne~ssiW or p sed Ultramar Gas Station, Io~ted at 40720 Winchester Road (Outlot at the Promenade Mall) Prepared by: EXISTING ZONING: Matthew Fagan, Senior PlanneFf~ Specific Plan (Temecula Regional Center Specific Plan) SURROUNDING ZONING: North: Community Commercial (CC) South: Specific Plan (SP) East: Specific Plan (SP) West: Community Commercial (CC) GENERAL PLAN DESIGNATION: Community Commercial (CC) SURROUNDING GENERAL PLAN DESIGNATIONS: North: Community Commercial (CC) South: Community Commercial (CC) East: Community Commercial (CC) West: Community Commercial (CC) BACKGROUND Ultramar Gas Station/convenience store/fast food facility, located on Winchester Road at the Promenade Mall is requesting the Planning Commission make a public convenience or necessity (PCN) finding in order to sell beer and wine from their convenience store. This finding is required because the applicant is requesting a license from the California Department of Alcoholic Beverage Control (ABC). A Conditional Use Permit application (Planning Application No. PA99-0379) is currently being processed by the Planning Department and is anticipated to be before the Planning Commission in January, 2000. The applicant has requested that staff take the PCN finding to the Commission prior to the Conditional Use Permit, as the outcome of the finding will have a beadng on the overall feasibility of the project. ANALYSIS The Planning Commission has developed cdteda to either justify or not justify making a finding of Public Convenience or Necessity pursuant to State Law. These criteda and the staff's responses are as follows: F:XDEPTS\PLANNING~staffrpt\ultramar pcn.doc l Cdteria to JustiN Making a Findin~ of Public Convenience or Necessity Does the preposed establishment have any unique features which are not found in other similar uses in the community (i.e. types of games, types of food, other spedat services)? A: No. Q: Does the proposed establishment cater to an under-served population (i.e. pattens of a different socio-economic class)? A: Yes. The proposed facility is proposed to be located on the south side of Winchester Road. This is on the "going home' side of Winchester Road and will offer commutere, mall shoppers the ability to buy food, convenience items (including beer and wine) as they head home. There currently are no convenience stores that sell beer and wine on the south side of Winchester Road between 1-15 and the City limit to the northeast. Q: Does the proposed establishment provide entedainment that would fill a niche in the community (i.e. a comedy dub. jazz club, etc.) A: No. This project is not associated with entertainment. This cdteria is not applicable. Q: Would the proposed mode of operation of the preposed establishment (i.e. sales in conjunction with gasoline sales, tours, etc.) be unique or differ from that of other establishments in the area? A: No. Q: Are there any geographical boundaries (i.e. dyers, hillsides) or treffic bardere (i.e. freeways, major roads, major intersections) separating the proposed establishment from other establishments? A: Yes. As mentioned above, The preposed facility is proposed to be located on the south side of Winchester Road. This is on the "going home" side of Winchester Road and will offer commuters, mail shoppers the ability to buy food, convenience items (including beer and wine) as they head home. There currently are no convenience stores that sell beer and wine on the south side of Winchester Road between 1-15 and the City limit to the northeast. Q; is the proposed establishment located in an area where there is a significant influx of population dudrig certain seasonal pedods? A: Yes. Population is the area is expected to be stable, with the anticipated increase dudng the holiday season between Thanksgiving and Christmas. Cdteria to Not Justify Making3 a Findine of Public Convenience or Necessity Q: Is there a proliferation of licensed establishments within a quarter mile of the proposed establishment? A: No. As mentioned above, this would allow the first use of this type on the south side of Winchester Road. On the north side if Winchester Road, in vicinity of the project, there are five 'off-sale" establishments: Costco, Trader Joes, Ralph's Market, Chevron Mini-Mart and a Convenience Store located on the northwest comer of the intersection of Ynez and Winchester Roads. Q: Are them any sensitive uses (i.e., schools, parks, hospitals, churches) in dose proximity (600 feet) to the proposed establishment? A: No, there are no sensitive uses within 600 feet of the proposed establishment. Q: Would the proposed establishment interfere with these sensitive uses? A: No. Q: Would the proposed establishment interfere with the quiet enjoyment of their property by the residents of the area? A: No. There are no residents in proximity to the area. Q: Will the proposed establishment add to law enforcement problems in the area? A: No. Staff contacted the Temecula Police [::)epadment regarding the proposed liquor license. Police officers have no objections and anticipate that the proposed sale of organically- produced beer and wine at the market and restaurant will not add substantially to law enforcement problems in the area. Number of similar uses within the City: There are 10 licenses issued to gas station/convenience establishments within the City limits. Number of other licensed establishments within 1 mile and 3 miles: There are 42 licensed establishments (36 restaurants, 3 liquor stores/groceries, and 3 gas stations) with alcohol sales within one mile of the proposed to gas station/convenience store. A throe-mile radius would include existing licenses for 74 restaurants, 23 grocedes and 6 gas stations with alcohol sales. Conclusion: Staff recommends the Planning Commission reviews the information included in this report and make the appropriate finding. Attachments: Exhibits - Blue Page 5 A. Vicinity Map B. Zoning Map C. General Plan ATTACHMENT NO. 1 EXHIBITS F:\DEFTS\pLANNING\staffrpt~uItramar pcn.doc 4 CITY OF TEMECULA / JLA CASE NUMBER: Ultramar Gas Station EXHIBIT- A PLANNING COMMISSION DATE - DECEMBER 8 1999 VICINITY MAP CITY OF TEMECULA EXHIBIT B - ZONING MAP DESIGNATION - SPECIFIC PLAN (SP) / · ~ EP sc EXHIBIT C - GENERAL PLAN DESIGNATION - COMMUNITY COMMERCIAL (CC) CASE NUMBER: Ultramar Gas Station PLANNING COMMISSION DATE - DECEMBER 8, 1999 ITEM #5 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION December 8, 1999 Planning Application No. PA97-0307 (Tentative Parcel Map 28627) Prepared By: John De Gange, Project Planner and All Moghadam, Senior Engineer The Community Development Department - Planning Division Staff recommends the Planning Commission: RECOMMENDATION: APPLICATIONINFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: GENERAL PLAN DESIGNATION: EXISTING ZONING: SURROUNDING ZONING: ADOPT the Mitigated Negative Declaration for Planning Application No. PA97-0307(Tentative Parcel Map 28627); EXISTING LAND USE: ADOPT the Mitigation Monitoring Program for Planning Application No. PA97-0307 (Tentative Parcel Map 28627); and ADOPT Resolution No. 99- approving Planning Application No. PA97-0307 (Tentative Parcel Map 28627) based upon the Analysis and Findings contained in the Staff Report, public testimony received at the public headng, and subject to the attached Conditions of Approval. Margarita Canyon LLC Lohr & Associates/Markham and Associates To subdivide an approximately 37 acre parcel into 10 commercial lots and one open space lot (TPM 28627). Adjacent to Interstate 15, southwest of the intersection of Old Town Front Street and Highway 79 (S)/ Western Bypass Corridor HTC (Highway/Tourist Commercial)/OS (Open Space) HT (Highway/Tourist Commercial)/OS-C (Conservation) North: HT (Highway/Tourist Commercial) South: OS-C (Conservation)/HR (Hillside Residential East: Interstate 15 West: OS-C (Conservation)/HR (Hillside Residential Vacant F:\DEPTS\PLANNING\STAFFRPT\307PA97.PC2.doc 1 SURROUNDING LAND USES: North: Gas Station/Mini-Mart South: Vacant East: 1-15, commercial retail center, apartments, single-family residences West: Vacant PROJECT STATISTICS Total Acreage for the Project (Gross) Total Acreage for the Project (Net) Number of Lots Number of Open Space Lots Average Lot Size (gross) Average Lot Size (net) Minimum Lot Size 36.8 acres 12.61 acres 10 1 (10.48 acres ) 2.46 acres 1.26 acres 1.04 acres (gross) 0.51 acres (net) BACKGROUND An application for this project was formally submitted on September 8, 1997. A Development Review Committee (DRC) meeting was held on October 9, 1997, with written comments being provided shortly after. At the applicenrs request, this project originally went before the Planning Commission on October 20, 1999 despite the fact that staff had not yet deemed the application complete due to outstanding, unresolved traffic issues. As a consequence, at the October 20t~ meeting, staffs recommendation was for denial and that an Environmental Impact Report (EIR) be prepared. At this meeting, the item was continued to November 3, 1999, at the applicant's request. At the November 3~d meeting, the Planning Commission granted staffs request to continue the project in order provide staff time to consider options which potentially could mitigate the traffic concerns which resulted in staff recommending denial and that an EIR be prepared. Since that time, staff has evaluated various site access alternatives and has prepared a condition of approval that will mitigate traffic impacts created by the applicant's proposal. Consequently, this report presents analysis, findings and conditions which would allow staff to recommend approval of this project. PROJECT DESCRIPTION This project is a subdivision of approximately 37 acres into ten commercial lots and one open space lot. The site is located adjacent to Interstate 15 to the east, Murrieta Creek to the west and Temecula Creek to the south. The applicant is proposing to extend Old Town Front Street from its current intersection with the future Western Bypass Corridor into the project site ultimately terminating in a cul-de-sac. As proposed, all the lots for development will front and take access from the extension of Old Town Front Street. The project proposes ten commercial lots ranging in size from 1.04 to 11.29 gross acres (0.51 to 4.64 net acres), Lots 7,8,9 and 10 all have significant areas which are within the 100-year Floodway (Zone AE) and these areas are being excluded from development. The open space lot which comprises 10.48 acres consists mainly of the Mumeta and Temecula Creek Channels. The applicant is proposing to keep this area as open space in perpetuity with the future possibility that F:\DEPTS\PLANNING\STAFFRPT\307PAgT.PQ.doc 2 ownership can be transferred over to an appropriate agency or can be used for a mitigation land bank. Traffic Issues z ~: ,, - ~ ~.¢ ~/~:: The development of the project, as proposed by the applicant, is expected to cause a substantial increase to traffic volumes on State Route 79 South/Western Bypass between Old Town Front Street and the Interstate 15 (I-15) interchange. Although the applicanrs traffic study and subsequent revisions prepared by the applicanrs traffic consultant (Robert Kahn, John Kain and Associates Inc.) indicates acceptable interim operating conditions, it is staff's opinion that the proposed location of the project's access will adversely impact traffic flows in the vicinity of the project, the Interstate 15/State Route 79 interchange and Old Town Front Street. Congestion and difficult vehicular movements will occur at intersections within the projecrs vicinity due to substandard intersection spacing (160 feet) between the 1-15 Southbound Ramp and Old Town Front Street, and the traffic volumes generated by the proposed project (7,909 ADT). Another concern is that the increased traffic volumes and the inadequate spacing between the I-15 ramps and the project access will increase conflicting vehicular movements. Because of the short distance between intersections and the projected heavy left-turn movements into the project, I-15 southbound vehicles wishing to access the site will be forced into hazardous merging situations. This situation will also cause the traffic to back-up on the I-15 southbound ramp while vehicles wait to get an opportunity to enter the left-turn pocket in order to access the site. The anticipated heavy left-tum movement into the site (351 vehicles dudng p.m. peak hour) and lack of adequate storage, will also cause gridlock at the I-15 southbound ramp signal. Problems related to safety, queuing, merging and weaving are of serious concem to both the City and to Caltrans, which is responsible for the interchange and its signals. Because of safety and traffic flow issues, Caltrens now specifies that new signals are to be located a minimum of 410 feet from freeway ramp signals, with a preferred spacing of 525 feet. The many existing examples of signals spaced much more closely to interchanges illustrate that even where operations have been optimized as much as possible, acceptable traffic operation is rarely maintained during peak hours, particularly as traffic volumes increase. The proposed project access is not directly subject to Caltrans regulations; most significantly, Caltrans policy does not govern its placement because the intersection is outside of Caltrans' right-of-way. Rather, Caltrans policy serves as a statewide industry standard for proper prectico and design. In the case of a signal in such close proximity to adjacent signals, the provision of space for queuing and to serve a variety of traffic movements is critical. Although in this case the traffic signal cannot be relocated, the project's access driveway to the site can be relocated to the west in order to reduce its impact to the nearby traffic signals. this traffic movement will be required to tum right from the ramp; merge and weave across at least' would have to be safely completed in a distance significantly less than the 160 feet betweerL~¢~ intersections. With the likelihood of forcad lane changes and rapid accaleration/deceleration within the traffic stream, it is staffs opinion that this movement will greatly compromise safety and hamper the flow of through traffic. Coupled with queued traffic between the interchange and the proposed access location, the weaving movement is even more cumbersome and disruptive to traffic flow. This operation will continually deteriorate with the significant increase in traffic volume f within the City's General Plan. Queues extending through upstream intersections create significant F:\DEFrS\PLANNING\STAFFRFr\307PA97.PC2.doc i ?..; 3 traffic problems. The resulting gridlock is disruptive to turning movements and cross-street flow, and may impact motorist and pedestrian safety. In summary, the location of the access road at the intersection of SR-79 (S) and Old Town Front Street (as it is being proposed by the applicant) is contrary to proper engineering practice, and insufficient spacing from existing signals will result in problematic queuing and weaving. As a consequence traffic flow will be disrupted and motorist safety throughout the interchange area will be reduced. It should be noted that a traffic signal at the intersection of Old Town Front Street and Highway 79(S), is not needed until the Western Bypass Corridor is constructed. However, the access to the site as proposed, will necessitate operation of the traffic signal at the intersection of Old Town Front Street and Highway 79(S) which is 160 feet west of the I-15 southbound off-ramp. For reference, the spacing between the intersections of Front Street/Jefferson Avenue and 1-15 southbound ramp is approximately 600 feet on Rancho California Road and 400 feet on Winchester Road. Caltrans and the City have requested that the applicant investigate the feasibility of moving their access westerly to reduce the project's impacts to less than significant, but the applicant has refused. Because the only remaining environmental concern is the project's access and the resulting impacts to the intersection operations, staff proposes that the project be approved conditionally with a condition requiring that the project be redesigned so that the access is relocated westerly a minimum of 250 feet from the intersection of Old Town Front Street. Staff recognizes that the relocation of the project's access westerly approximately 250 creates a less than ideal situation. New challenges, such as offset access points and back to back left-turn pockets between Old Town Front Street and the access point into the site are introduced. Moving the access point westerly; however, reduces Caltrans' and staffs concerns related to merging, intersection level of service and safety. Staff feels that the shortcomings associated with this proposal are far less impactive to the operation of the southbound ramp signal and overall traffic flow in the vicinity of the interchange, because by relocating the access to the west, a greater distance is provided for the vehicles from the southbound off ramp to merge and weave to the westbound left-turn lanes into the site. The additional spacing between the ramp signal and the projecrs access, will improve safety and the operational capacity of Highway 79(S) by minimizing grid locks and backing up the traffic on the I-15 southbound ramp. It should also be noted that when the Western Bypass corridor is ultimately constructed, the access to the site could be modified to provide for more efficient and safer circulation. MaD Recon~guration Staffs concerns relative to the proposed location of the project's access and the resulting traffic impacts, has necessitated the addition of proposed conditions of approval which require the applicant to redesign the project with the access relocated a minimum of 250 west of the current proposed access point. Because these conditions require the redesign of the map, a number of specific criteria have been included to insure that the project will still be in compliance with the City's General Plan and Development Code, and it will not create any new environmental impacts. These criteria which are contained within the conditions of approval include: 1) 2) 3) F:\DEPTS',PLANNING\STAFFRFF\307PA97.PC2.doc A revised map must be submitted to Public Works and Planning staff for approval prior to final recordation of the map. The redosigned map shall have the same number of lots and the same amount of net developable acreage as was being proposed in the original map. The redesigned map shall comply with all standards and requirements specified in the Development Code. 4) The redesign of map shall not disturb any dparian habitat, and development shall occur completely outside the floodway. When the applicant submits the redesigned map, in accordance with these conditions, staff will review it to insure compliance with all the criteria specified above. Once staff is satisfied that all these criteria have been met and has approved the map, it will then be moved forward for final recordation. Biological Issues The project site is approximately 37 acres of vacant property which includes portions of the Murrieta and Temecula Creek Channels. A biological impact report for the project site was prepared. This report reveals that the ultimate development of the proposed project site will result in the removal of 30 acres of onsite Non-Native Grassland, the removal of approximately 0.5 acre of the total Rivereidian Sage Scrub onsite, and the preservation of the entire six acres of Riparian Woodland within the boundaries of the project site. It has been determined that impacts to biological resources and the loss of this habitat as a result of this project will not be significant because: 1 ) the 30 acres of non-native grassland which will be removed is not considered a significant resource; 2) the six acres of Riparian Woodlands will be preserved; 3) and of the one acre of Riversidian Sage Scrub, 0.5 acres will be preserved on site and the other 0.5 acres will be mitigated with the purchase of off-site property. The Riparian Woodlands and jurisdictional wetlands will be preserved with the exception of 0.07 acres of area associated with a small unnamed drainage channel which bisects the site and flows into Murrieta Creek as identified within a Wetlands Delineation study for the project site conducted by LSA Associates. For this small area, the applicant will be required to mitigate through obtaining a Section 404 permit from the U.S. Army Corps of Engineers pursuant to the Federal Clean Water Act and a Section 1601 Streambed Alteration Permit from the California Department of Fish and Game. The project site contains significant biological resources and the proposed project has the potential to impact these biological resources. However, these impacts will not be significant if the mitigation measures described above and appropriate conditions of approval for this project are implemented. ENVIRONMENTAL DETERMINATION An Initial Study was prepared for this project and distributed on October 1, 1999. Findings within this initial study indicated that the project, as the applicant is proposing it, would have a potentially significant impact on the environment. This finding was based on the fact that the project will significantly increase traffic volumes, which coupled with the fact that there is substandard and limited spacing between the intersection of Old Town Front Street (where the applicant proposes the project will take access) and the 1-15 southbound ramp signal, congestion and unsafe vehicular movements will result and hazardous merging situations will be created. As a consequence, staff originally recommended that an Environmental Impact Report (EIR) be required for the project. Since that time, staff has analyzed various alternative locations for the projecrs access and has come to the conclusion that if the access point into the site is relocated approximately 250 feet west of its current proposed location, the impacts associated with the limited spacing between intersections and the resulting unsafe vehicular movements and the hazardous merging situations, can be largely mitigated. Therefore, staff is proposing a condition of approval requiring that the access into the site be relocated approximately 250 feet to the west, It is stafrs opinion that if this F:\DEPTS\PLANNING\STAFFRPT\307pA97 .PC2 .doe condition is included and implemented, the concerns relating to the above discussed traffic impacts can be mitigated to a level of insignificance and staff would recommend that the Planning Commission adopt a Mitigated Negative Declaration for the project. If this condition is not included, it is staffs opinion that the traffic impacts are not adequately mitigated and that this project may have a significant effect on the environment and therefore, it is recommended that an Environmental Impact Report (EIR) be required. SUMMARY/CONCLUSIONS The project is consistent with the General Plan's policies and is also consistent with the zoning standards regarding the HTC district as specified in the Development Code. The project as proposed by the applicant, however, does not comply with the General Plan Circulation Element Policy 1.2 which requires an evaluation of potential traffic impacts associated with new development pdor to project approval, and requires adequate mitigation measures prior to, or concurrent with, project development; and Policy 1.4 which requires new development to pursue trip reduction and transportation systems management measures to reduce and limit congestion at intersections and along streets within the City. It is staffs opinion, though, that if the condition requiring the access into the site to be relocated approximately 250 west of the applicant's proposed access point is included that the project is in compliance with all components of the General Plan Circulation Element. With respect to the applicant's proposal, where location of the access road into the site is only 160 from the intersection of the I-15 on and off ramps and the extension of the future Western Bypass Corridor, it has been staffs position that although the traffic study and its subsequent revisions prepared by the applicant's traffic consultant indicate an acceptable interim operation condition, the project will increase traffic volumes, cause congestion and unsafe vehicular movements, and create hazardous merging situations. Given these concerns with the applicanrs proposal, it would be staffs recommendation that an EIR be prepared. However, if the project is conditioned to relocate the project access 250 feet to the west of its current proposed location, staff feels that the traffic concerns discussed above would be mitigated and that the project could be approved with a mitigated negative declaration based upon the mitigation measures contained in the mitigation monitoring program, the analysis and Findings within this staff report, and based on the conditions of approval prepared for the project. FINDINGS Plannin~l Al~Dlication No. PA97-0307 {Tentative Parcel MaD 28627) The proposed land division based the design or improvement of the project and as conditioned by the Conditions of Approval contained in this report is compatible with the General Plan. The site is physically suitable for the type and density of development. The project is consistent with the General Plan Land Use designation Highway / Tourist. 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 and Development Code. 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. As conditioned, 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, prepedy within the proposed land division. The map proposes access to take access from the future Western Bypass Corridor and will not obstruct any easements. F:\DEPTS\PLANNING\STAFFRPT\307PA97.PC2.doc 6 As conditioned, the map conforms to the logical development of the site, and is compatible with the health, safety and welfare of the community and access and circulation are adequate for emergency vehicles. The project has been reviewed by the City's Traffic Engineer, Public Works Department and Fire Departments. These departments have conditioned the map to ensure public health, safety and welfare. As conditioned, the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. Though the site contains a small area of Riversidian Sage Scrub, a plant association that the California Gnatcatcher is known to inhabit, a biology study for the site indicates that none of these animals inhabit the site. In addition, mitigation measures that mitigate any potential impacts to wildlife and habitat have been included within the design of the project and are included within the mitigation monitoring program for the project. These mitigation measures address all impacts associated with the development of the site and the potential impacts development of the site will have on wildlife or habitat off-site. Attachments: 2. 3. 4. PC Resolution - Blue Page 8 Conditions of Approval - Blue Page 12 Initial Study - Blue Page 13 Exhibits - Blue Page 14 A. Vicinity Map B. Zoning Map C. General Plan Map F:\DEPTS\PLANNING\STAFFRPT\307pA97 .PC'2.doc 7 ATTACHMENT NO. 1 PC RESOLUTION NO. 99- F:\DEPTS\PLANNING\STAFFRPT\307PA97.PC2.doc 8 A'R'ACHMENT NO. 1 PC RESOLUTION NO. 99- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA97-0307 (TENTATIVE PARCEL MAP NO. 28627), A REQUEST TO SUBDIVIDE A 37 ACRE PARCEL INTO 10 COMMERCIAL LOTS AND ONE OPEN SPACE LOT LOCATED ADJACENT TO INTERSTATE 15, SOUTHWEST OF THE INTERSECTION OF OLD TOWN FRONT STREET AND HIGHWAY 79 ($)1 WESTERN BYPASS CORRIDOR (ASSE$SOR'S PARCEL NUMBER 922-210- 047) WHEREAS, Margarita Canyon, LLC filed Planning Application No. PA97-0307 in accordance with the City of Temecula General Plan and Development. which the City has adopted by reference; WHEREAS, Planning Application No. PA97-0307 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA97-0307 on October 20, 1999, November 17, 1999 December 8, 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 headng and after due consideration of the testimony, the Commission approved Planning Application No. PA97-0307; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. That the Temecula Planning Commission, in approving Planning Application No. PA97~0307, hereby makes the following findings as required in Section 7.1 of County Ordinance No. 460: A. The proposed land division based the design or improvement of the project and as conditioned by the Conditions of Approval contained in this report is compatible with the General Plan. The site is physically suitable for the type and density of development. The project is consistent with the General Plan Land Use designation Highway / Tourist. 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 and Development Code. 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. As conditioned, 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, F:\DEPTS\PLANNING\STAFFRPT\307PA97.I~C2 .doc 9 property within the proposed land division. The map proposes access to take access from the future Western Bypass Corridor and will not obstruct any easements. D. As conditioned, the map conforms to the logical development of the site, and is compatible with the health, safety and welfare of the community and access and circulation are adequate for emergency vehicles. The project has been reviewed by the City's Traffic Engineer, Public Works Department and Fire Departments. These departments have conditioned the map to ensure public health, safety and welfare. E. As conditioned, the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. Though the site contains a small area of Riversidian Sage Scrub, a plant association that the California Gnatcatcher is known to inhabit, a biology study for the site indicates that none of these animals inhabit the site. In addition, mitigation measures that mitigate any potential impacts to wildlife and habitat have been included within the design of the project and are included within the mitigation monitoring program for the project. These mitigation measures address all impacts associated with the development of the site and the potential impacts development of the site will have on wildlife or habitat off-site. 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 descdbed in the Conditions of Approval have been added to the project, and a Mitigated Negative Declaration, therefore, is hereby granted. Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. PA97-0307 (Tentative Tract Map No. 28627) a request to subdivide a 37 acre parcel into 10 commercial lots and one open space lot located adjacent to Interstate 15, southwest of the intersection of Old Town Front Street and Highway 79 (S)/ Western Bypass Corridor (Assessor's Parcel Number 922-210-047),subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference. F:\DEPTS\PLANNING\STAFFRPT\307PA97.PC2.doc 10 Section 5. PASSED, APPROVED AND ADOPTED this eighth day of December, 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 eighth day of December, 1999 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary F:\DEPTS\PLANNING\STAFFRPT\307PA97.PC2.doc 11 EXHIBIT A CONDITIONS OF APPROVAL F:\DEPTS\PLANNING\STAFFRPT\307PA97.PC2-dOC EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA97-0307 - Tentative Parcel Map No. 28627 Project Description: Assessor's Parcel No.: Approval Date: Expiration Date: The subdivision of a 37-acre parcel into t0 commercial lots and one open space lot 922-210-047 December 8, 1999 December 8, 2001 PLANNING DIVISION Ten Calendar Days Prior to the CIty Council Hearing Within Forty-Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of One Thousand Three Hundred Twenty-Eight Dollars ($1,328.00) which includes the One Thousand Two Hundred and Fifty Dollar ($1,250.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21108(a) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of such failure of to satisfy this condition (Fish and Game Code Section 711.4(c)). General Requirements The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No, 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The 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 F:\DEPTS\PLANNING\STAFFRPT~307pa97.COA(TPM).doc action the City deems to be in the best interest of the City and its citizens in regards to such defense. If subdivision phasing is proposed, a Dhasino plan shall be submitted to and approved by the Planning Manager. The applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program. Prior to Issuance of Grading Permits A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. The applicant shall receive approval for the purchase of off-site property from the U.S. Fish and Wildlife Service and the California Department of Fish and Game. Submit a mitigation plan to the Planning Department which details how the applicant has set aside sensitive areas and has met the requirements of the U.S Fish and Wildlife Service and the California Dept, of Fish and Game for the off-site purchase of off-site property to compensate for the taking of the Riversidian Sage Scrub on site. Development of the site shall preserve the entire amount of Riparian Woodlands on site. No grading or cleadng shall occur in this area. Development of the site shall be designed so that all utility extensions are underground and that surface water run off and spillage drains away from Murfieta and Temecula Creeks. This area shall be fenced off prior to any grading activities to prevent any disturbances to wetland or vegetation areas. The project will be conditioned to revegetate all graded and disturbed areas near the channels with native tree and plant species. The applicant shall prepare a Biological Mitigation Plan to insure project compliance with the mitigation monitoring program. 10. At the time of the submittal of a development proposal or the submittal of a grading plan for the project site the applicant shall submit a biological survey at the appropriate time of the year to determine if the Califomia Gnatcatcher, the Quino Checkerspot Butterfly or any other endangered or threatened species inhabit the site. This biological survey shall propose appropriate mitigation for development of the site. This biological survey shall be submitted to the U.S. Fish and Wildlife Service and the California Department of Fish and Game for review and approval. The applicant shall prepare a Biological Mitigation Plan to insure project compliance with the mitigation monitoring program. 11, The applicant shall obtain a 404 permit from the U.S. Fish and Wildlife Service and a 1601 Streambed Alteration Permit from the California Department of Fish and Game. The applicant shall prepare a Biological Mitigation Plan to insure project compliance with the mitigation monitoring program. 12. When future development is proposed on the site a Phase II archaeological study shall be conducted. This study shall establish appropriate mitigation to address any significant impacts that may occur. F:\DEPTS\PLANNING\STAFFRPT~307pa97.COA(TPM).doc 2 Prior to Recordation of the Final Map 13. The following shall be submitted to and approved by the Planning Division: a. A copy of the Final Map. b. A copy of the Environmental Constraint Sheet (ECS) with the following notes: 1) This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. 2) This project is within the 100-year floodplain. 3) This project is within a dam inundation area. 4) This project is within a Liquifaction Zone. 5) This project is within a Subsidence Zone. c. A copy of the Covenants, Conditions, and Restrictions (CC&R's) 1) CC&R's shall be reviewed and approved by the Planning Director. The CC&R's shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. 2) No lot or unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the city prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 3) Every owner of a unit or lot shall own as an appurtenance to such unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. 4) In addition to the other provisions described in this section which must be included in the CC&Rs, the applicant shall also include the following text in the CC&Rs: F:\DEPTS\PLANNING\STAFFRPT~307pa97.COA(TPM),doc 3 Consent of City of Temecula Condition No. 15,C,1) of the Conditions of Approval of Planning Application No. PA97-0307 (Tentative Parcel Map No. 28627) require the City to review and approve the CC&Rs for the Tract, Declarant acknowledges that the City has reviewed these CC&Rs and that its review is limited to a determination of whether the proposed CC&Rs propedy implement the requirements of the Conditions of Approval for the Tract. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessments procedures, assessment enforcement, resolution of disputes or procedural matters. C= In the event of a conflict between the Conditions of Approval of the land use entitlements issued by the City for the Tract or federal, state or local laws, ordinances, and resolutions and these CC&Rs, the provisions of the Conditions of Approval and federal, state or local laws, ordinances, and regulations shall prevail, notwithstanding the language of the CC&Rs. These CC&Rs shall not be terminated, amended or otherwise modified without the express written consent of the Planning Manager of the City of Temecula. F:\DEPTS\PLANNING~STAFFRPT~307pa97.COA(TPM).doc 4 Consent of the City of Temecula Condition No. 15.C.1) of the Conditions of Approval of Planning Application No. PA97-0307 (Tentative Parcel Map No. 28627) requires the City of Temecula to review and approval the CC&Rs for the Tract. The City's review of these CC&Rs has been limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Tract. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, pdvate maintenance requirements, architecture and landscape controls, assessments, enforcement of assessments, resolution of disputes or procedural matters. Subject to the limitations set forth herein, the City consents to the CC&Rs. Debbie Ubnoske, Planning Manager Approved as to Form: Peter M. Thorson, City Attomey i' 14. The proposed Tentative Parcel Map (TPM 28627) shall be redesigned so that the proposed L~._ ,:~'-: access road into the site is a minimum of 250 feet west of the intersection of existing Front ~ Street and Highway 79(S) (the future Western Bypass Corridor). This revised map must . II'~ be submitted to Public Works and Planning staff for approval prior to final recordation of the ~'L~/ map. The redesigned map shall have the same number of lots and the same amount of net ] t? . ,' developable acreage as was being proposed in the original map. The redesigned map shall · comply with all standards and requirements specified in the Development Code. Development of the site shall not disturb any riparian habitat and shall occur completely outside the floodway. Prior to Issuance of Building Permits 15. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Director approval. Prior to Issuance of Occupancy Permits 16. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. DEPARTMENT OF PUBLIC WORKS 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. F:\DEPTS\PLANNING\STAFFRP'~307pa97.COA(TPM).doc 5 General Requirements 17. It is understood that the Developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 18. A Grading Permit for either rough or predse grading shall be obtained from the Department of Public Works pdor to commencement of any construction outside of the City-maintained road right-of-way. 19. 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. 20. An Encroachment Permit shall be obtained from the California Department of Transportation prior to commencement of any construction within an existing or proposed State right-of- way. 21. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 22. Tentative Parcel Map 28627 shall be redesigned to locate the proposed southerly access road a minimum of 250 feet west of the intersection of existing Front Street and Highway 79 South. The parcel configuration and alignment of access road shall be revised to reflect westerly entrance into the subdivision. 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: 23. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: · San Diego Regional Water Quality Control Board · Rancho California Water Distdct · Eastern Municipal Water District · Riverside County Flood Control and Water Conservation District · City of Temecula Fire Prevention Bureau · Planning Department · Department of Public Works · Riverside County Health Department · CabLe 'FV Franchise · Caltrans · Community Services District · General Telephone · Southern California Edison Company · Southern California Gas Company · Fish & Game · Army Corps of Engineers 24. The Developer shall construct the following public improvements to City of Temecula standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: F:\DEPTS\PLANNING\STAFFRP'I~307pa97.COA{TPM).doc 6 25. 26. 27. The proposed southerly access road shaft be located a minimum of 250 feet westerly of the centerline of the intersection of existing Front Street and Highway 79 South, The location and alignment of the access road shah be approved by the Director of Pub~c Works and the Planning Director, Tentative Parcel Map 28627 shaft be revised to reflect the realignment of the access road and the revised parcel configuration, The Developer shall offer for dedication for street right-of-way the portion of Lot 11, Town of Temecula, Map Book 15, Page 726, San Diego County, lying north of the southerly of the southedy right-of-way line of the future extension of the Western Bypass Corridor. Improve the access road (Principal/Industrial Collector Street Standard No. 103 - 78' R/W) from the future extension of the Western Bypass Corridor including the section extended along the entire easterly boundary of and within the underlying lot described as Lot 11, Town of Temecula, Map Book 15, Page 726, San Diego County, to the terminus of the proposed cul-de-sac to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: Street canterline grades shall be 0.5% minimum over P.C,C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City Standard Nos. 207, 207A and/or 208. Street lights shall be installed along the public streets shall be designed in accordance with Ordinance No. 461. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. Minimum centerline radii shall be in accordance with City Standard No, 113. All reverse curves shall include a 100-foot minimum tangent section. All street and driveway centerline intersections shall be at 90 degrees. Landscaping shall be limited in the comer cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All concentrated drainage directed towards the public street shall be conveyed through curb outlets per City Standard No. 301. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground, Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. F:\DEPTS\PLANNING\STAFFRPT'~307pa97.COA(TPM).dOC 7 28. Relinquish and waive dght of access to and from Western Bypass Corridor and State Route 79 South on the Parcel Map. 29. Comer 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. 30, 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. 31. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment Distdct 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. 32. Any delinquent property taxes shall be paid. 33, 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 and Public Works Department for review and approval. The following information shall be on the ECS: The delineation of the area within the 100-year floodplain. Special Study Zones. Geotechnicel hazards identified in the projecrs geotechnical report. Archeologicel resources found on the site. 34. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 35. The Developer shall provide a development agreement addressing their participation in the construction of the Western Bypass Corridor. The form of the development agreement shall be subject to the approval of the City Engineer and City Attorney, Alternatively, the Developer shall record a written offer to participate in, and wave all rights to object to the formation of an Assessment District, a Community Facilities District, or a Bridge and Major Thoroughfare Fee Distdct for the construction of the proposed "Western Bypass Corridor' or "Medians in accordance with the General Plan". The form of the offer shall be subject to the approval of the City Engineer and City Attorney, 36. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control and Water Conservation Distdct for approval prior to recordation of the Parcel Map or the issuance of any permit. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. 37. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. F:\DEPTS\PLANNING\STAFFRPT~307pa97.COA(TPM).dOC 8 38. 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. 39. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works, 40. This development must enter into an agreement with the City for a "Trip Reduction Plan" in accordance with Ordinance No, 93-01. 41, Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the Parcel Map. 42. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 43. Easements for joint use driveways shall be provided prior to approval of the Parcel Map or issuance of building permits, whichever occurs first, 44. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the Parcel Map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the Parcel Map. A note shall be added to the Parcel Map stating "drainage easements shall be kept free of buildings and obstructions." Prior to Issuance of Grading Permits 45. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: · San Diego Regional Water Quality Control Board · Riverside County Flood Control and Water Conservation District · Planning Department · Department of Public Works · Riverside County Health Department · Caltrans · Community Services District · General Telephone · Southern California Edison Company · Southern California Gas Company 46. 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, 47, 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. F:\DEPTS\PLANNING\STAFFRPT~307pa97.COA(TPM).dOC 9 48. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. 49. Provisions to mitigate drainage and the storm drain improvements as shown on Tentative Parcel Map 28627 are conceptual and may require modification. The design of the storm drain system will be determined upon review and approval of the grading and storm drain improvement plans. 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. 50. This development must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board and Ordinance No. 99-10. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt, Direct discharge of runoff from the site into Murrieta Creek is prohibited and urban pollutants shall be mitigated as approved by the Department of Public Works. 51. 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. 52. 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. 53. 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. 54. The site is in an area identified on the Flood Insurance Rate Maps as Flood Zone "A" and is subject to flooding of undetermined depths. Prior to the approval of any plans, the Developer shall demonstrate that the project complies with Chapter 15, 12 of the Temecula Municipal Code for development within Flood Zone "A". A Flood Plain Development Permit is required prior to issuance of any permit. Commercial subdivisions may obtain a LOMR at their discretion. 55. A Flood Plain Development Permit and Flood Study shall be submitted to the Department of Public Works for review and approval. The flood study shall be in a F:\DEPTS~PLANNING\STAFFRPT~307pa97.COA(TPM).doc 10 format acceptable to the Department and include, but not be limited to, the following criteria: Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities. Adequate provision shall be made for the acceptance and disposal of surface drainage entering the property from adjacent areas. The impact to the site from any flood zone as shown on the FEMA flood hazard map and any necessary mitigation to protect the site. Identity and mitigate impacts of grading to any adjacent floodway, The location of existing and post development 100-year floodplain and floodway shall be shown on the improvement plan. Prior to Issuance of Building Permits 56. Parcel Map 28627 shall be approved and recorded. 57. 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. 58. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 59. 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 60. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: · Rancho California Water District · Eastern Municipal Water District · Department of Public Works 61. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 62. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 63. 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. F:\DEPTS\PLANNING\STAFFRPT~307pa97,COA{TpM),Cioc 11 BUILDING AND SAFETY DEPARTMENT Prior to the Issuance of a Building Permit 64. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Planning Department to ensure the payment or exemption from School Mitigation fees, FIRE DEPARTMENT 65. 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. 66. 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 previde for this project, a water system capable of delivering 4000 GPM at 20 PSI residual operating pressure with a 4 hour duration. The required fire flow may be adjusted dudng 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) 67. 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 read(s) frontage to a hydrant. The required fire flow shall be available frem 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) 68. 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 902.2.2.3) 69. 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) 70. Prior to building construction, all locations where structures are to be built shall have appreved temporary Fire Department vehicle access roads for use until permanent reads are installed. Temporary Fire Department access reads shall be an all weather surface for 80,000 Ibs. GVVV. (CFC 8704.2 and 902.2.2.2) 71. Pdor 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. GVW with a minimum AC thickness of .25 feet. ( CFC sec 902) 72. Fire Department vehicle access reads shall have an unobstructed width of not less than twenty-bur (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) F:\DEPTS\PLANNING\STAFFRPT~307pa97.COA(TPM).dOC 12 73. 74. 75. 76. 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) 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 ) 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) 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) Special Conditions 77. 78, Prior to issuance of building permits, fuel modification plans shall be submitted to the Fire Prevention Bureau for review and approval for all open space areas adjacent to the wildland-vegetation interface. (FC Appendix II-A) Prior to issuance of building permits, plans for structural protection from vegetation fires shall be submitted to the Fire Prevention Bureau for review and approval. The measures shall include, but are not limited to, enclosing eaves, noncombustible barriers (cement or block walls), and fuel modification zones. (CFC Appendix II-A) OTHER AGENCIES 79. 80, 81. 82. ,!i/" i/'83' The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated October 2, 1997, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Riverside County Flood Control and Water Conservation District transmittal dated November 10, 1997, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated October 1, 1997, a copy of which is attached. The applicant shall comply with the recommendations set forth in Eastern Information Center's transmittal dated October 13, 1997, a copy of which is attached. The applicant shall comply with the recommendations set forth in the California Department of Transportation (Caltrans) transmittal dated October 20, 1997, a copy of which is attached. F:\DEPTS\PLANNING~STAFFRPT~307pa97.COA(TPM).Cloc 13 By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Signature F:\DEPTS\PLANNING\STAFFRPT~307pa97.COA(TpM).doc 14 October 2, 1997 COUNTY OF RIVERSIDE * HEALTH SERVICES AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTI- City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589 ATTN: John De Gange: RE: TENTATIVE PARCEL MAP NO. 28627: A PORTION OF THE TOWN OF TEMECULA AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, AND A PORTION OF THE RANCH TEMECULA, WHICH RANCHO WAS GRANTED BY PATENT DATED JANUARY 18, 1860, AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY IN LIBER 1 OF PATENTS AT PAGE 37 THEREOF, AND A PORTION OF THE PAUBA LAND AND WATER COMPANY'S SUBDIVISION OF TEMECULA RANCHO AS SHOWN BY MAP ON FILE IN BOOK 11, PAGE 507 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. (14 LOTS) Dear Gentlemen: 1. The Department of Environmental Health has reviewed Tentative Parcel Map No. 28627 and recommends: A water system shall be installed according to plans and specifications as approved by the water company and the Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate. with a minimum scale not less than one inch equals 200 feet, along with the original drawing to the City of Temecula. The prints shall show the internal pipe diameter. location of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part 1. Chapter 7 of the California Health and Safety Code, Califomia Administrative Code, Title 11, Chapter 16, and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certify that the design of the water system in Parcel Map No. 28627 is in accordance with the water system expansion plans of the Eastern Municipal Water District and that the water services, storage, and distribution system will be adequate to provide ~vater service to such Parcel Map". This certification does not constitute a guarantee that it will supply water to such Parcel Map at any specific quantities, flows or pressures for fire protection or any other purpose. This certification shall be signed by a responsible official of the water company. The plans must be submitted to the City of Temecula's Office to review at least TWO WEEKS PRIOR to the request for the recordation of the final map. John M. Fanning, Director 4065 County Circie Drive ,. Riverside, CA 92503 · Phone (909) 358-5316 · FAX (909) 358-5017 (Mailing Address - P.O. Box 7600 · Riverside, CA 92513-7600) City of Temecula Planning Dept. Page Two Attn.: John De Gangc October 2, 1997 This subdivision has a statement from Eastern Municipal Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It will be necessary for financial arrangements to be made PRIOR to the recordation of the final map. This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the District. The sewer system shall be installed according to plans and specifications as approved by the District, the City of Temecula and the Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the City of Temecula. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and waterlines shall be a portion of the sewage plans and profiles. The plans shall be signed by a registered engineer and the sewer district with the following certification: "I certify that the design of the sewer system in Parcel Map No. 28627 is in accordance with the sewer system expansion plans of the Eastern Municipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Parcel Map". The plans must be submitted to the City of Temecula's Office to review at least two weeks PRIOR to the request for the recordation of the final map. It will be necessary, for financial arrangements to be completely ~nalized PRIOR to recordation of the final map. It will be necessary for the annexation proceedings to be completely ~nalized PRIOR to the recordation of the final map. Sincerely, Gregor Dellenbach, Environmental Health Specialist IV GD:dr (909) 275-8980 DAVID P. ZAPPE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT November 10, 1997 1995 MARKET STREET RIVERSIDE. CA 92501 909/275 - 1200 909/788-9965 FAX 42125.1 City of Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 Attention: Mr. John De Gange Ladies and Gentlemen: Re: Parcel Map 28627 PA 97-0307 The District does not normally recommend conditions for land divisions or other land use cases in incorporated Cities. The District also does not plan check City land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following 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. Tentative Parcel Map 28627 is a proposal for subdivision of 33.9 acres into 14 commercial lots along the future extension of Front Street, southeast of the intersection of Highway 79 and Interstate 215. This project is subject to Severe flood hazard from Murr~eta Creek. The southwestern portion of the site is within the 100 year Zone AE flood plain limits for Murrieta Creek as delineated on Panel No. 060742 OOIOA of the Flood Insurance Rate Maps issued in conjunction with the National Flood Insurance Program administered by the Federal Emergency Management Agency (FEMA). The District's confluence study of Murrieta Creek and Temecula Creek, determined the lO0-year flood elevation to vary between 994.0 and 994.5. All the elevations on the District maps are based on 1929 NGVD. The high water mark during the flood of Janaury 1993 was 991.5. The pad elevations shown on the drawing is above the elevation for the Districts confluence study. Because of the extreme hazard posed by Murrieta Creek, the City should consider not allowing development to proceed adjacent to the creek until the ultimate improvement can be constructed. Property adjacent to the creek and within the flood plain should be conditioned to construct the required improvements or participate in a financing mechanism such as an assessment district to ensure necessary improvements are constructed. City of Temecula Re: Parcel Map 28627 PA 97-0307 -2- November 10, 1997 If the City chooses to allow development to proceed, it should condition the application to provide all studies, calculations, plans or other information needed to meet FEMA requirements. This project is located within the limits of the District's Murrieta Creek/Temecula Valley Area Drainage Plan for which drainage fees have been adopted; applicable fees should be paid by cashier's check or money order to the Flood Control District or City prior to issuance of building or grading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. Questions regarding this matter may be directed to me at 909/275-1214. Very truly yours, STUART E. HCKIBBIN Senior Civil Engineer SM:slj John F. Hennigar PhiHip L Forbes October 1, 1997 Mr. John De Gange City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY PARCEL MAP 28627, APN 922-210-047 PLANNING APPLICATION NO. PA97-0307 Dear Mr. De Gange: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD/District). 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. The District requests that all easements dedicated to the Rancho California Water District be shown on the recorded parcel map. If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 97/SB:eb194/F012/FCF c: Laurie Willjams, Engineering Services Supervisor C:ALIFORNIA HISTORICAL RESOURCES INFORMATION SYSTEM Elite Information Center DeDarrnent of Anthropology UnNersity of California Riverside, CA 92521-0418 Pllone {909) 787-5745 Fax (909) 787-5409 October 13, 1997 John De Gange City of Tcmecula Planning Department P. O. Box 9033 Temecula, CA 92589-9033 Case No,: PA97-0307 Applicant: Jim Robera (Margarita Canyon LLC) Dear Mr. De Gange: Please fred enclosed our comments for one project transmittal as requested by the Planning Department. If you have any questions, please contact the Eastern Information Center at (909) 787-5745 (please specify the case number and the date on which we submitted our comments). PA-0307 ............................................. ASAP Sincerely, Jennifer Bybee Information Officer Enclosure CALIFORNIA HISTORICAL RESOURCES INFORMATION SYSTEM UnP~rsity of C~lifomia Riverside, CA 92521-0418 Phorle (909) 787-5745 Fax (909) 787-5409 CULTURAl, RESOURCE RF, VI ',W DATE: October 13, 1997 RE: Case Transmitul Reference Designation: PA97-0307 Records at the Eastern Inforn~tion Center of the California I-~istofical Resources Infornmtion System have been revieweti to d~termlne if this project would adversely affect prehistoric or historic cultural resources: The propo.ed project .if4 has not be~n surveyed for culmnl re.o~tces and contains or is adjacent to known culmnl ruout=e(s). A Pha.~ I study is recommended. X A Fna~ I eulmnl ~ou~e study (MF I 991) idemi~e~l one or mot~ cultural ruo~rees. A Fnag I cultural nsouree study (MF # __ Due to the trehaeotogieal sensitivity of the a~a. earthmoving dunng eonseuction should be monitor~l by · professional archaeologist. X The submiuion of a cultural t~n~yat~e management ripoft is neonunended following guidelines for A~haeological Reseuree Managen~nt Reporu pnpand by the California Office of Hiszotic Preservation, Preser~aaon planning Builtan 4(a), I3ecemb~r 1989. Pho.~l COMMENTS: Two sites fall w~thin this project area. Although one site has been partinlly te~ted, both sites should be thoroughly tested to determine their significance before grading or construction occurs. l~oth sites are listed on the Natiotml Re~ister es pa~ of the Murriet~ Creek Archaeological District. If you have any questions, please contact us. Eastern Information Center s, ( STAT~ OF CALIFORNIA. BUSINESS, T~ANSPORTATION A~D HOUSING AGENCY - DEPARTMENT OF TRANSPORTATION DISTRICT 8, P.O. BOX 231 SAN BERNA~DINO, CA 92402 TDD (909) 383-4609 October 20, 1997 Mr. John I. DeGange Project Planner City of Temecula Planrang Depatmzent P. O. Box 9033 Temecula, CA 92589-9033 Dear Mr. DeGange: 08-Riv-15-3.1/3.7 Planning Application No. PA 97~0307: Tentative Parcel Map 28627 A recent review of this proposal by Caltrans' Traffic Engineers has made it clear this proposal is not acceptable as presented on Tentative Parcel Map 28627, dated September 1997. Their findings are as follows: The proposed access to Front Street is too close to the existing 1-15 ramps to be safe and provide acceptable traffic patterns on the city' s street as well as the 1-15 ramps. · It is in conflict with a plan by the city to upgrade Front Street and the ramps terminating there as well as the city's proposed future "Western Bypass." If this proposal is to go forward it must propose a different point of access to the local road system. Perhaps a connection to the city's proposed "Western Bypass" would be a more suitable location. Please send the following to this office at the earliest opportunity: · Grading Plans shall depict both existing and proposed contour lines. · Drainage Plans shall depict all existing and proposed drainage facilities and structures, including any State facilities. · Site/Plot Plans. · Landscaping Plans shall depict all proposed signage in addition to landscaping layout. Mr. John I. DeGange October 20, 1997 Page 2 · Street Improvement Plans -- shall depict all proposed improvements, including signalization. · Additional items of concern may be expressed upon receipt of the above requested documents. If you have any questions, please contact Cecil Karstensen at (909) 383-5922 or FAX (909) 383-7934. Very truly yours, /, --- -/~- , Chief, Office of Riverside County Transportation Planning A'R'ACHMENT NO. 2 INITIAL STUDY F:\DEPTS\PLANNING\STAFFRPT~307PA97.PC2.dOC City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Lead Agency Name and Address Contact Person and Phone Number Project Location Project Sponsor's Name and Address General Plan Designation Zoning Description of Project Surrounding Land Uses and Setting Other public agencies whose approval is required Planning Application No. PA97-0307 - Tentative Parcel Map 28627 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 John De Gange, Project Planner (909) 694-6400 Adjacent to Interstate 15, southwest of the intersection of Old Town Front Street and Highway 79 (S)/ Western Bypass Corridor Margarita Canyon LLC 27740 Jefferson, Suite 200, Temecula, CA 92590 Highway/Tourist Commercial (HTC) Highway/Tourist Commercial (HT) A proposal to subdivide an approximately 37 acre parcel into 10 commercial lots and one open space lots (TPM 28627) The project site is approximately 37 acres of vacant property, which includes a portion of the Murrieta and Temecula Creek Channels. The site is adjacent to Interstate 15 to the east, commercial areas to the north across the future Western Bypass Corridor, a vacant open space area across Temecula Creek to the south, and a vacant area zoned Hillside Residential area to the west across Murrieta Creek. Riverside County Fire Department, Riverside County Health Department, Temecula Police Department, Eastern Municipal Water District, Rancho California Water District, Southern California Gas Company, Southern California Edison Company, General Telephone Company, and Riverside Transit Agency Location Map R:\CEQA\307PA97 - EIS2.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, Aesthetics Agricultural Resources Population and Housing Air Quality Biological Resources Water Cultural Resources Geologic Problems Hazards and Hazardous Materials Hydrolo.qy and Water Quality Land Use Planning Mineral Resources Noise Population and Housing Public Services Recreation Transportationrrraffic Utilities and Service Systems Mandatory Findings of Significance Earlier Analyses 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 impact 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 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 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 =S John De Ganee, Project Planner Printed name For R:\CEQA\307PA97 - EIS2.doc 2 1. AESTHETICS. Would the project: Issues and Supporting Information Sources Have a substantial adverse effect on a scenic vista? Substantially damage scenic resources, including, but not limited to, trees, rock outcropping, and 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 91are which would adversely affect day or nighttime views in the area? Potentially S~gnificant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: 1.a. No Impact. The project site is adjacent to Interstate 15 and the ultimate development of the site will not directly impact any scenic vista or scenic highway. The project is not located in an area where there is a scenic vista. Further, the City does not have any designated scenic highways. As a consequence no significant impacts are anticipated as a result of this project or the future development of the site. 1.b. No Impact. There are no designated scenic resources in the vicinity of the project site. The project site includes a portion of the Murrieta Creek Channel, however, the project as proposed will preserve the channel and all future development will not directly impact the channel. There are no scenic resources within the project site within the view of a scenic highway. As a consequence, no significant impact to scenic resources will result from the proposed project or the future development of the site. 1.C. Less Than Significant With Mitigation Incorporated. The project site is approximately 37 acres of vacant property, which includes a portion of the Murrieta and Temecula Creek Channels. A majority of the site is composed of disturbed non-native grassland (30 acres). The remaining portion of the site is comprised of Riparian Woodland (six acres) and Riversidian Sage Scrub plant communities (one acre). The portion of the site, which consists of drainage channels, could potentially have significant visual character given the presence of Riparian Woodland vegetation. The ultimate complete development of all 37 acres of the property would significantly degrade the visual character and quality of the site and surrounding properties. As mitigation, the project proposes to preserve the entire six acres of Riparian Woodland and one half acre of the one acre portion of the Riversidian Sage Scrub. For the one half acre of Riversidian Sage Scrub that will be developed, the project proponent will be required to purchase one half acre of Riversidian Sage Scrub off-site in compliance with the requirements of the California Department of Fish and Game's Natural Communities Conservation Program (NCCP) [based on the Evaluation Logic Flow Chart contained in Attachment "A" of the Biologicel Impact Report]. After mitigation, any potential impacts could be mitigated to a level of insignificance. 1.d. Less Than Significant With Mitigation Incorporated. Though this project only represents a subdivision of the property into commercial lots, the ultimate buildout on the property will have a potentially significant impact from light and glare. The project will produce and result in light/glare, as all development of this nature results in new light sources. All light and glare has the potential to impact the Mount Palomar Observatory. The project will be conditioned to be consistent with Ordinance No. 655 (Ordinance Regulating Light Pollution). After mitigation, no significant impacts are anticipated as a result of this project. R:\CEQA\307PA97 - ~:lS2.doc 3 2. Agricultural Resources. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: Less Than Potentially SignificantWith Less Than Significant Mitigation Significant No Impact Incorporated Iml)act Impact Issues and Supporting Information Sources a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with the existing zoning for agricultural use, or a Williamson Act contract? c. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland, to non-agricultural use? Comments: 2a.,2c. No Impact. The project site is not currently in agricultural production and in the histodc past has not ever formerly been used for agricultural purposes. In addition this property is not considered prime or unique of Farmland of statewide importance pursuant the Farmland Mapping and Monitoring Program of the California Resources Agency or the City of Temecula's General Plan. In addition, the project will not involve changes in the existing environment, which would result in the conversion of farmland to non-agricultural uses. Therefore, there is no significant impact related to this issue. 2b. No Impact. The project site does not have an agricultural zoning designation by the City of Temecula, and the site is not regulated by a Williamson Act contract. As a consequence there is no impact related to this issue. R:\CEQA\307PA97 - EIS2.doc 4 3. AIR QUALITY. Where available, the significance criteria established by the applicable quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Issues and Supporting Information Sources Conflict with or obstruct implementation of the applicable air quality plan? Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors? Expose sensitive receptors to substantial pollutant concentrations? Create objectionable odors affecting a substantial number of people? Less Than Potentially SignificantWith Less Than Significant Mitigation Significant No impact Incorporated impact Impact Comments: 3.a. Less Than Significant Impact. The proposed project represents only a subdivision of vacant property into commercial lots; however, the analysis within this document has evaluated the potential development of the site with commercial uses. The project as proposed will comply with State and national ambient air quality standards. Although the project exceeds the air quality management policies in the current Air Quality Management Plan (AQMP) and emissions thresholds established in South Coast Air Quality Management District's (SCAQMD) CEQA Air Quality Handbook (April 1993), the City of Temecula's General Plan EIR has addressed development of the site and proposed adequate mitigation for any impacts. The analysis provided in 3b. below, discusses the project's compliance with the AQMP. Therafore, no significant impacts related to conflicts with air quality plans will result from the proposed project 3.b. Less Than Significant Impact. This project represents only a subdivision of vacant property into commercial lots; however, this analysis has evaluated the potential development of the site with commercial uses. The project proposes to provide for 12.61 net acres of developable land, Pursuant to the City of Temecula's Development Code this site can ultimately be developed with 164,788 square feet of commercial uses based on a target Floor Area Ratio of 0,30. Though this figure exceeds the SCAQMD's CEQA Air Quality Handbook (April 1993) threshold for impacts associated with commercial development, this figure is consistent with target Floor Area Ratio (FAR) anticipated within the City's General Plan. The General Plan established target floor area ratios within various land uses in order to determine the intensity of uses and the impacts upon the environment. The General Plan EIR evaluates the impacts of development at the target FAR. The analysis conducted for this project assumes that the ultimate development of the site will be at the target FAR for the Highway/Tourist zoning district. It is anticipated that the development of the site will be less than the densities anticipated by the General Plan and analyzed within the General Plan EIR. The General Plan EIR has established mitigation measures for impacts associated with air quality through The General Plan's policies and guidelines. Consequently a less than significant impact is anticipated as a result of this project. R:~CEQA\307PA97 - EIS2.doc 5 3,c. 3.d. 3.e. Less Than Significant Impact. As discussed in item b. above, though the project when ultimately developed, will exceed the SCAQMD's CEQA Air Quality Handbook (Apdl 1993) thresholds for impacts associated with commercial development, the City of Temecula's General Plan EIR has addressed the impacts to air quality for a project on this site and established appropriate mitigation measures. Therefore, all potential impacts resulting from cumulative net increases of any criteria poliutants have been addressed within the policies and guidelines of the City of Temecula's EIR and mitigated for. As a consequence a less than significant impact is anticipated as a result of this project. No Impact. The project will not expose sensitive receptors to pollutants. There are no significant pollutants in proximity to the project nor is it anticipated that the project will generate pollutants. No significant impacts are anticipated as a result of this project. No Impact. Though this project only represents a subdivision of the property into commercial lots, the ultimate buildout on the property may create objectionable odors during the construction phase of the project. These impacts, however, will be short in duration and are not considered to be significant. Consequently no impacts would result from this project. 4. BIOLOGICAL RESOURCES: Would the project: Issues and Supporting Information Sources Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? 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 Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact R:\CEQA\307PA97 - EIS2.doc 6 Comments: 4.a.,b.,d. Less than Significant With Mitigation Incorporated. The project site is approximately 37 acres of vacant property, which includes a portion of the Murrieta and Temecula Creek Channels. A majority of the site is composed of disturbed non-native grassland (30 acres). The remaining portion of the site is comprised of Ripadan Woodland (six acres) and Riversidian Sage Scrub plant communities (one acre). A biological impact report for the project site was prepared by Principe and Associates in December of 1997. This study reveals that the ultimate development of the proposed project site will result in the removal of all 30 acres of onsite Non-Native Grassland, the removal of approximately 0.5 acres of the total Riversidian Sage Scrub onsite, and the preservation of the entire six acres of Riparian Woodland within the boundaries of the project site. The study determined that the habitat within the Non-Native Grassland, however is not considered to be a significant biological resource and the loss of this habitat is not considered to be significant. Development of the project site will also result in the removal of 0.5 acres of the one-acre total of Riversidian Sage Scrub that is considered a Sensitive Natural Plant Community. The study determined that based on the Evaluation Logic Flow Chart included within the Southern California Coastal Sage Scrub, Natural Community Conservation Planning (NCCP), Conservation Guidelines (Calif. Dept. of Fish and Game, Nov. 1993), the onsite Riversidian Sage Scrub has a lower potential value for long-term conservation given the fact that it is unoccupied by the Coastal California Gnatcatcher, and given that it is a small isolated patch with no linkage to any other similar habitat. The project site also contains six acres of Riparian Woodlands and jurisdictional wetlands. As proposed; however, the project preserves almost the entire area with exception of 0.07 acres of area associated with a small unnamed drainage channel which bisects the site and flows into Murrieta Creek as identified within a Wetlands Delineation study for the project site was conducted by LSA Associates. For this small area the applicant will be required to mitigate through obtaining a Section 404 permit from the U.S. Army Corps of Engineers pursuant to Section 404 of the federal Clean Water Act and a Section 1601 Streambed alteration Permit from the California Department of Fish and Game. As mitigation for potential impacts created by the proposed project to the 30 acres of Non-Native Grassland and the one acre of Riversidian Sage Scrub the applicant shall be conditioned to: 1) comply with the requirements established in the Stephen's Kangaroo Rat Long-term Habitat Conservation Plan, primarily through the payment of a mitigation fee; 2) preserve the 0.5 acre portion of Riversidian Sage Scrub on site and mitigate the loss of the other 0.5 acres with the purchase of off-site habitat at a ratio of 1:1 as deemed appropriate by the U.S. Fish and Wildlife Service and the Calif. Dept. of Fish and Game in compliance with the interim goals established within the NCCP Program; 3) preserve the entire six acres of Riparian Woodlands habitat; 4) comply with the U.S. Fish and Wildlife Service protocol and obtain clearance for the Endangered Quino checkerspot butterfly by conducting additional field surveys prior to the issuance of grading permits to determine if the host plant for the species are present in which case an adult survey would be required; 5) design future development plans so that surface waters and spills drain away from Murrieta and Temecula Creeks in order to avoid runoff contamination; 6) install utility extensions underground; 7) revegetate all graded and disturbed areas near the channels with native tree and plant species in order to reduce impacts from the project; 7) the applicant shall be required to prepare a Biological Mitigation Plan to insure project compliance to the mitigation measures contained in this document. With the implementation of the above mentioned mitigation measures and associated conditions of approval for this project, the impacts associated with project would be reduced to less than significant. R:\CEQA%307PA97 - EIS2.doc 7 4.c. 4.e. Less Than Significant With Mitigation Incorporated. In October of 1998 a Wetlands Delineation study for the project site was conducted by LSA Associates. The study determined that approximately 5.62 acres of the site met the U.S. Army Corps of Engineers cdteda for jurisdictional wetlands and 5.93 acres fell within the jurisdiction of the Calif. Department of Fish and Game. Of the acreage delineated as jurisdictional wetlands a 0.07-acre portion of the site is proposed to be filled which will result in the loss of wetlands and ripadan habitat. The lost wetlands area will be from a small- unnamed drainage channel which runs through the center of the project and flows into Murrieta Creek. The wetlands areas within Murrieta and Temecula Creeks will be unaffected. The loss of the wetlands/jurisdiction waters will require the project proponent to obtain a 404 Permit from the U.S. Army Corps of Engineere pursuant to Section 404 of the federal Clean Water Act and a Section 1601 Streambed alteration permit administered by the California Department of Fish and Game. As mitigation for the lost wetlands the applicant will be required to obtain the necessary permits from the above referenced agencies pdor to the issuance of grading permits. After mitigation, this project would have a less than significant impact. No ImpacL The City of Temecula does not have any local policies or ordinances protecting biological resources, therefore there is no impact associated with this project relative to this issue. Less Than Significant Impact. The project is located within the fee area for the Stephen's Kangaroo Rat (SKR) Long-Term Habitat Conservation Plan. All development within this fee area is required to pay a mitigation fee. This project will be required to pay a mitigation fee for the SKR. In addition, the subject site contains approximately one acre of Riversidian Sage Scrub that places the property within the jurisdiction of the NCCP program. The project will be conditioned to comply with all requirements of the NCCP program or develop their own habitat plan under the provisions of the NCCP. As a consequence a less than significant impact is anticipated. 5. CULTURAL RESOURCES. Would the project: Issues and Supporting Information Sources 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 ramains, including those interred outside of formal cemeteries? Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact incorporated impact Impact Comments: 5.a, No Impact. Based on a previously conducted Phase I cultural resource study it has been determined that there are no known historical resources on site, which the project would impact. As a consequence no significant impacts are anticipated as a result of this project. 5.b.d. Less Than Significant Impact With Mitigation Incorporated. The General Plan and an earlier Archaeological Investigation conducted by the Archaeological Research Unit at the University of California at Riverside in December of 1988 identifies a sensitive archaeological area along Murrieta Creek which may extend into the subject site. Due to the potential for deposits in the area and at the recommendation of the UCR Eastern Information Center (within correspondence dated October 13, R:\CEQA\307PA97 - EIS2.doc 8 5.c. 1997), future development of the proposed site will be required to conduct a Phase II archeological investigation on site pdor to the approval any development project. It is anticipated that when future development is proposed on the site and a Phase 11 archaeological study is conducted that this study would propose mitigation to address any significant impacts that may occur. As a consequence a less than significant impact is anticipated. Less Than Significant Impact With Mitigation Incorporated. The General Plan identifies that the area could potentially be within a highly sensitive paleontological area. Due to the potential for deposits in the area, future development of the proposed site will be conditioned to have an on site- monitor during grading operations. The potential for future significant impacts will be determined and fully mitigated when future development proposals are considered. As a consequence, a less than significant impact is anticipated. 6. GEOLOGY AND SOILS. Would the project? i) ii) iii) iv) b. C. Issues and Supporting Information Sources Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Rupture of a known earthquake fault, as delineated on the most recent AIquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 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 (1994), creating substantial risks to life or property? Have soil incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Less Then Potentially SignificantWith Less Than Significant Mitigation Significant NO Impact Incorporated Impact impact Comments: No ImpacL 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. R:\CEQA\307PA97 - EIS2.doc 9 6.a.ii, iv,b., and d. Less Than Significant Impact With Mitigation Incorporated. There may be a potentially significant impact from seismic ground shaking, ground failure, soil erosion, or expansive soils.. Although. there are no known fault hazard zones on the property, 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 dudng 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, a less than significant impact is anticipated as a result of this project, 6.c.,a.iii Less Than Significant Impact With Mitigation Incorporated. The ultimate development of the site may have a significant impact on people involving liquefaction and subsidence or unstable soil conditions from excavation, grading or fill Potential impacts could be mitigated by compliance with State of California Alquist-Priolo Special Studies Zone development criteria and construction in accordance with the Uniform Building Code standards. A soils report shall be required as part of the development and shall contained recommendations for the compaction of the soil which will serve to mitigate any potentially significant impacts from seismic ground shaking, seismic ground failure (including liquefaction), erosion, changes in topography or unstable soil conditions from excavation, grading or fill and expansive soils. Erosion control techniques will be included as a condition of approval for development projects at the site. Potential unstable soil conditions from excavation, grading or fill will be mitigated through the use of landscaping and proper compaction of the soils. After mitigation measures are performed, a less than significant impact is anticipated as a result of this project. 6.e. No Impact. Septic sewage disposal systems are not proposed for this project. The ultimate development of the site will be required to hook up to the existing public sewer system. Therefore, no impacts are anticipated as a result of this project. R:\CEQA\307PA97 - EIS2.doc 10 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Issues and Supporting Information Sources Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? Crate a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? 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 dsk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: 7.8. No Impact. Though this project only represents a subdivision of the property into commercial lots, the ultimate buildout of the property will involve construction. Construction associated with the development of the property will involve the use of chemical agents, solvents, paints and other hazardous materials that are associated with construction activities. The amount of these chemicals present during construction, however, is limited and is not considered a significant hazard. As a consequence, no significant impact is expected form the routine use and disposal of these materials. 7.b. No Impact. The future development of the site will be commercial uses. It is anticipated that the future uses within the project site will not store or house large quantities of hazardous material that would create 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. No impacts are anticipated as a result of this project. R:%CEQA\307PA97 - EIS2.doc 7.c, 7.d. 7.e.,f. 7.g. 7.h. No Impact. Future development of the project site will be with commercial uses. This site is not within one-quarter mile of an existing or proposed school. The operation of construction equipment and machinery during the development of this site may emit some hazardous emissions and or handle some hazardous material. However, these emissions and material should be of limited quantities over a short duration of time. Since this project site in not within one-quarter mile of an existing or proposed school, and will not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, OF acutely hazardous materials, substances, or waste, no impacts are anticipated. No Impact. This project site is not nor is it located near a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 that would it create a significant hazard to the public or the environment. Therefore, no impacts are anticipated as a result of this project, No Impact. The project site is not located within an airport land use plan or within two miles of a public or pdvate airstrip. No impact upon airport uses will result from this proposal. No Impact. The project will take access from maintained public streets and will therefore not impede emergency response or evacuation plans. No impacts are anticipated as a result of this project. No Impact. This project site is adjacent to 1-15 to the east and Murrieta Creek to the west. Though the site is located in the vicinity of large open space areas, it is not located in a high fire area. As a consequence no impacts are anticipated as a result of this project. R:\CEQA%307PA97 - EIS2.doc 8. HYDROLOGY AND WATER QUALITY. Would the project: Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact incorporated Impact Impact Issues and Supporting Information Sources Violate any water quality standards or waste discharge requirements? b. 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)? c. Substantially alter the existing drainage pattem 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? d. 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 that would result in flooding on- or off-site? e. 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? f. Otherwise substantially degrade water quality? ,/ g. Place housing within a 100-year flood hazard area as ,/' mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Place within a 100-year flood hazard area structures which would impede or redirect flood flows? Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? ,/ Comments: 8.a. Less Than Significant Impact With Mitigation Incorporated. The project will not violate any water quality standards or waste discharge requirements. The subdivision, and subsequent development, 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. With mitigation a less than significant impact is anticipated as a result of this project. 8.b.f. No Impact. 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 R:\CEQA~307PA97 - EIS2.doc 8.c.d. 8.e. 8.g. 8.h.i. 8j, local groundwater table level. The project will not have an affect on 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. Further, construction on the site will not be at depths sufficient to have a significant impact on ground waters or aquifer volume. No impacts are anticipated as a result of this project. Less Than Significant Impact. 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 hardscape 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 that is created. A less than significant impact is associated with this project. Less Than Significant Impact. Due to the small scale of the proposed subdivision, and ultimately the future commercial 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 project will be conditioned to accommodate the drainage created as a result of the subject site. In addition, the project will be conditioned so that the drainage will not impact surrounding properties. A less than significant impact is associated with this project. No ImpacL This project represents a subdivision of properly into commercial parcels. Since no residential property is effected, no impact is associated with this project. Less Than Significant Impact With Mitigation Incorporated. The project may expose people or property to water related hazards such as flooding. According to the Riverside County Flood Control and Water Conservation District, the project site is in area that is subject to severe flood hazard from Murrieta Creek. Further, the site is located within the limits of the 100-year (Zone AE) floodplain/floodway as delineated on Panel No. 060742 0010B of the Flood Insurance Rate Maps issued in conjunction with the National Flood Insurance Program administered by the Federal Emergency Management Agency (FEMA). In its current configuration; however, the project is designed with all pads for future development being elevated above the floodway/floodplain. This project and all future development of the site will be conditioned so that the developer will be required to file a floodplain development permit with the appropriate approvals from the Riverside County Flood Control and Water Conservation District if any portion of the site is to be developed within the floodplain. In addition, future development will be conditioned to pay a mitigation charge to the Murrieta Creek/Temecula Valley Drainage Plan. In addition, the project is located within a dam inundation area as identified in the City of Temecuta 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. With the incorporation of mitigation measures a less than significant impact is anticipated as a result of this project. No Impact. The project site will not be subject to inundation by sieche, tsunami, or mudflow as these events are not known to happen in this region. No impacts are anticipated as a result of this project. R:\CEQA\307PA97 - EIS2,doc 14 9. Land Use and Planning. Would the project: 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? Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Significant Impact Less Then Significant With Mitigation Incorporated Less Than Significant Impact NO Impact Comments: 9a.,b. No Impact. The subject site is vacant and is bordered by Murrieta Creek on the west and Interstate 15 on the east. These two features provide an existing physical barrier to the surrounding properties to the east and west. The property to the north is comprised primarily of existing commercial uses. The properties to the west and south are vacant and zoned Open Spaca. Therefore, the proposed subdivision of this property 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). As a consequence no impact is associated with this project. g.c. Less Than Significant Impact. The project is located within the fee area for the Stephen's Kangaroo Rat (SKR) Long-Term Habitat Conservation Plan. All development within this fee area is required to pay a mitigation fee. This project will be required to pay a mitigation fee for the SKR. In addition, according to a biological study conducted by Principe and Associates in December of 1997 the subject site contains approximately one acre of Riversidian Sage Scrub that places the property within the jurisdiction of the NCCP program. The project will be conditioned to comply with the NCCP program or develop their own habitat conservation plan under the provisions of the NCCP program. As a consequence a less than significant impact is anticipated. 10. MINERAL RESOURCES. Would the project: Issues and Supporting Information Sources Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Less Than Potentially SignificantWith Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact R:\CEQA\307PA97 - EIS2.doc 15 Comments: 10.a.b. No ImpacL The project will not result in the loss of available, known mineral resources or in the loss of an available, locally important mineral resource recovery site. The State Geologist has classified the City of Temecula a classification of MP, Z-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. No impacts are anticipated as a result of this project. 11. NOISE. Would the project result in: Issues and Supporting Information Sources Exposure of people to severe noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? A substantial temporary or 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 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? Less Than Potentially Significant With Less Than Significant Mitigation Significant No impact Incorporated Impact Impact Comments: 11.a. Less Than Significant Impact. This project site is designated for commercial development. The site is currently vacant and development of the land logically will result in increases to noise levels during construction phases as well as increases to noise in the area over the long run. However, long-term noise generated by this project would be within the limits of the General Plan standards for commercial development. Less than significant impacts are anticipated as a result of this project, 11.b. No Impacts. Development of the project site will be with commercial uses. It is anticipated that the uses conducted on site will not generate activities that would expose persons to or generate excessive groundborne vibration or groundborne noise levels. No impacts are anticipated. 11.c. Less Than Significant Impact. The project will ultimately result in the development of the site with commercial uses that will create noise levels greater than that currently emanating from the vacant land. However, those noises will not be substantial or constant and are not anticipated to create a substantial permanent increase in ambient noise levels in the project vicinity above levels existing R:\CEQA\307PA97 - EIS2.doc 16 11.d. 11 .e.f. without the project. Therefore, only less than significant impacts are anticipated as a result of this project. Less Than Significant Impact. 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 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. A less than significant impact would be anticipated. No impact. This project is not within two miles of a public airport or public use airport, therefore, people residing in the project area will not be exposed to excessive noise levels generated by an airport. Consequently no impact is anticipated as a result of this project. 12. POPULATION AND HOUSING. Would the project: Issues and Supporting Information Sources Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Comments: 12.a. No ImpacL 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 Highway/Tourist Commercial (HT). The proposed subdivision will eventually result in the development of commercial uses, which will cause some people to relocate to, or within the Temecula area. However, due to its limited scale, it will not induce substantial growth beyond what is projected in the City's General Plan. No significant effects are anticipated as a result of this project. 12.b.c. No Impact. The project will not displace substantial numbers of people or existing housing as the site is vacant property zoned Highway/Tourist Commercial (HT). Therefore, the project will neither displace housing or people, necessitating the construction of replacement housing. No impacts are anticipated as a result of this project. R:\CEQA\307PA97 - EIS2.doc 13. 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: Less Than Potentially Significan! With Less Than Significant Mitigation S~gni~cant No impact Incorporated Impact Imgact Issues and Supporting Information Sources Would the project result in substantial adverse physicel 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? b. Fire protection? ,/' c. Police protection? ,/ d. Schools? e. Parks? ,/' f. Other public facilities? Comments: 13.a.,b.,c.,e.,f. Less Than Significant Impact. 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 through the City's Development Impact Fees to the maintenance or provision of services from these entities. Due to the project's relative small scale, less than significant impacts are anticipated. 13.d. Less Than Significant ImpacL 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. R:\CEQA\307PA97 - BS2,doc 14. RECREATION. Would the project: Less Than Potentially SignificantWith Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Issues and Supporting Information Sources a. 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? b. 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? Comments: 14.a.b. Less Than Significantlrnpact. The project will have a less than significant impact in the demand for neighborhood or regional parks or other recreational facilities. The project will not cause significant numbers of people to relocate within or to the City of Temecula. However, it will result in an incremental impact or in an increase in demand for neighborhood or regional parks or other recreational facilities. The same is true for the quality or quantity of existing recreational resources or opportunities. No significant impacts are anticipated as a result of this project, 15. TRANSPORTATION/TRAFFIC. Would the project: Less Than Potentially SignificantWith Less Than Significant Mitigation Significant No Impact Incorporated ~mpact Impact Issues and Supporting Information Sources a. 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? b. 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)? e. Result in inadequate emergency access? ,/' f. Result in inadequate parking capacity? g. Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks? 19 R:\CEQA\307PA97 - EIS2.doc Comments: 15.a. Less Than Significant Impact With Mitigation Incorporated. The development of the project and its proposed access on the south side of Highway 79 SouthNVestern Bypass at Front Street, will cause a substantial increase in traffic and could have potential for significant impact at this intersection and the 1-15 southbound ramps. Due to the substandard and limited spacing between the intersection of Old Town Front Street and 1- 15 southbound ramp signal (160 feet) and the high traffic volumes generated by the project (7,909 ADT), congestion and unsafe vehicular movements could be expected at intersections in the vicinity of the project. There is a particular concern with the west bound left turn movement into the site. Traffic attempting to enter the project could potentially back up to the southbound I-15 ramp signal. Although the traffic study prepared by the applicants consultant and its subsequent revisions indicate acceptable interim operation conditions, staff believes that the site access as proposed, will adversely impact the traffic flow in the vicinity of the project at the I-15 interchange, Staff has determined that if the site access is relocated approximately 250 feet to the west which effectively eliminates the extension of Old Town Front Street to the south of Highway 79(S)/Western Bypass Corridor, the impacts to the left turn into the site will be lessened. As a result, the project has been conditioned to modify the project's access to a location 250 feet from the current proposed alignment, With the incorporation of this condition is has been determined that after mitigation is incorporated this project will have a less than significant impact. 15.b. Less Than Significant Impact With Mitigation Incorporated. This project could potentially cumulatively exceed the level of service standard (LOS "E") established within the County's Congestion Management Plan (CMP). State Highway 79(S), and Interstate 15 are roads which am within the County's CMP. Though the traffic study conducted by the applicant's traffic engineer states otherwise, City staff has determined that this project will be responsible for a significant increase in traffic volumes. This increase in traffic volumes coupled with the close spacing between the intersection at the extension of Old Town Front Street and Western Bypass Corridor with the southbound on and off ramps for 1-15, may lead to congestion and gridlock on State Highway 79(S) and could potentially cause southbound traffic on 1-15 to back up. As a consequence a potentially significant impact may result from this project. If the site access is relocated approximately 250 feet to the west of the current proposed alignment, a greater distance for vehicle merging will be provided. This will be particularly beneficial to vehicles making a left turn into the site from the south bound 1-15 off ramp, Relocating the access to the proposed location west of the applicant's current proposed location will increase the merging distance from 160 feet to approximately 400 feet. This will reduce the project's impact on Highway 79(S)/ Western Bypass Corridor. The project will be conditioned to modify the project's access to a location 250 feet from the current proposed alignment. With the incorporation of this condition is has been determined that after mitigation is incorporated this project will have a less than significant impact. 15.c. No Impact. Neither the subdivision of the project site nor the future development of this property will 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. This site is not within the French Valley Airport's flight oveday district and therefore will have no impact on the project. 15.d. Less Than Significant Impact With Mitigation Incorporated. The proposed project could substantially increase hazards due the location of the intersection of the extension of Old Town Front Street and the Western Bypass Corridor in terms of its spacing with the southbound on and off ramps R;\CEQA~307PA97 - EIS2.doc 20 15.e. 15.f. 15.g. for 1-15. After reviewing the traffic study and subsequent revisions prepared by the applicant's consultant, City staff has determined that the project will generate significant traffic volumes. These increased traffic volumes coupled with the close spacing between the intersection at the extension of Old Town Front Street and Western Bypass Corridor with the southbound on and off ramps for 1-15, may lead to significant traffic congestion which could result in traffic backing up on lanes on the south bound I-15. If the site access is relocated approximately 250 feet to the west from the current proposed alignment, a greater distance for vehicle merging will be provided for. This will be beneficial to vehicles exiting from the south bound 1-15 off ramp which would be making a left turn into the site. Relocating the access to the proposed location to the west of the applicant's current proposed location will increase the merging distance from 160 feet to approximately 400 feet. This will reduce the projecrs impact on Highway 79(S)/Western Bypass Corridor and will ultimately reduce the possibility of having traffic backing up on lanes on the south bound 1-15. The project will be conditioned to modify the projecrs access to a location 250 feet from the current proposed alignment. With the incorporation of this condition is has been determined that after mitigation is incorporated this project will have a less than significant impact. Less Than Significant Impact, This project is a subdivision of vacant property into commercial lots and as a consequence it is difficult to determine what the ultimate impacts on emergency access will be at this time. All subsequent development projects on parcels within this project will be evaluated to determine the impacts to emergency access. Future development of the site will be conditioned to meet all applicable standards in place at the time of development. Emergency access to nearby uses will not be affected by this project given that the project is generally surrounded by undevelopable properties. As a consequence the project will have a less than significant impact. No Impact, This project represents a subdivision of vacant land into commercial lots, no specific development is being proposed at this time. Consequently it is not possible to determine specific parking requirements for the site; however, any subsequent development of the proposed parcels will be required to comply with the City's Development Code parking requirements for commercial uses. Therefore, no significant impacts are anticipated as a result of this project. Less Than Significant Impact. The project as proposed does not currently conflict with adopted policies, plans, or programs supporting alternative transportation. When future development is proposed for the site, individual projects will be reviewed to determine if the provision of alternative transportation opportunities will be appropriate. As a consequence, a less than significant impact is anticipated. 16. UTILITIES AND SERVICE SYSTEMS: Would the project: Less Than Potentially SignificantWith Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Issues and Supporting Information Sources Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water ,/' R:\CEQA\307PA97 - EIS2.doc 21 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? Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to ,/ accommodate the project's solid waste disposal needs? g. Comply with federal, state, and local statutes and ,f regulations related to solid waste? Comments: 16.a.,b., e. No Impact. 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." Sinca 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. No significant impacts are anticipated. 16.c. No Impact. The project will not result in the need for new storm water drainage facilities. The development of the tract will require or result in the construction of new storm water drainage facilities on site that will connect to the existing system currently in place along Old Town Front Street at the northern end of the site. The design of the existing system is sufficient handle this project and will not require the expansion of existing facilities, the construction of which could cause significant environmental effects. Drainage fees are required by the Riverside County Flood Control and Water Conservation District to reimburse the county for the Murrieta Creek/Temecula Valley Area Drainage Plan. No significant impacts are anticipated. 16.d. No Impact. 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. 16.f.g. Less Than Significant Impact. The project will not result in a need for new landfill capacity. Any potential impacts from solid waster created by this development can be mitigated through participation in Source Reduction and Recycling Programs, which are implemented by the City. No significant impacts are anticipated as a result of this project. R:\CEQA\307PA97 - EIS2.doc 22 17. MANDATORY FINDINGS OF SIGNIFICANCE. C, Issues and Supporting Information Sources Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects? Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Segni~cant Impact Less Than Significant With Mitigation incorporated Less Than Significant Impact No Impact Comments: 17.a. Less Than Significant With Mitigation Incorporated. The ultimate development of the site has potential to impact habitat for fish or wildlife species. The project proposes to disturb 0.5 acres of Riversidian Sage Scrub, however, if the project were approved mitigation measures would be included to reduce this to a less than significant impact. In addition, the project proposes to disturb 0.07 acres of wetlands. If approved the project would be conditioned to mitigate this impact by obtaining a Section 404 Permit from the Army Corps of Engineers and a Section 1601 Permit from the Calif. Dept. of Fish and Game. A less than significant impact would result if mitigation measures are incorporated. 17.b. Less Than Significant With Mitigation Incorporated. The project could have a potentially significant impact with respect to traffic impacts. City staff has determined that the project could potentially generate increased traffic volumes, which could cumulatively effect traffic in the vicinity of the project. However, if the site access is relocated approximately 250 feet to the west of the current proposed alignment, a greater distance for vehicle merging will be provided for. This will be beneficial to vehicles exiting from the south bound t-15 off ramp which would be making a left turn into the site. Relocating the access to the proposed location to the west of the applicanrs current proposed location will increase the merging distance from 160 feet to approximately 400 feet. This will reduce the preject's impact on Highway 79(S)/Western Bypass Corridor. The project will be conditioned to modify the project's access to a location 250 feet from the current proposed alignment. With the incorporation of this condition is has been determined that after mitigation is incorporated this project will have a less than significant impact. 17.c. No Impact. This project and the future development of the site will not have environmental effects that would cause substantial adverse effects on human beings, directly or indirectly. The subdivision is designed and will be developed consistent with the Development Code and General Plan. If approved, no significant impacts are anticipated as a result of this project. R:\CEQA\307PA97 - EIS2.doc 23 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. Earlier analyses used. Identify earlier analyses and state where they are available for review. Impacts adequately addressed. Identify which affects from the above check list were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the eadier 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. 18.a. 18.b. 18.c. An earlier Environmental Initial Study was conducted for this project and circulated on September 30, 1999. The proposed determination of this study was that an Environmental Impact Report would be required for this project due to there being potentially significant impacts associated with the project. The analysis in this study provides mitigation for these potentially significant impacts. A number of studies that were conducted for a previous subdivision (Tentative Parcel Map 23987) which included this property. These studies include: "A Reevaluation of Archaeological Sites Recorded on TPM 23987" prepared by The Archaeological Research Unit at UCR (Decamber 1988); A Biological Assessment conducted by Tierra Madre Consultants (October 1988); A Stephens Kangaroo Rat Study conducted by Fdesen Biological Surveys for TPM 19851 (undated); two Geotechnical Investigations conducted by Schaefer Dixon Associates (April 1988 and February 1989). · With the exception of the archeological study, none of these studies were used in this analysis due to their age. Reference was only briefly made to this document. The City's General Plan and Final Environment Impact Report were used as a referenced source in preparing this Initial Study. There were no earlier impacts which affected this project. A Mitigation Monitoring Program has been prepared has been prepared for this project and is attached to this document. 2. 3. 4. 5. SOURCES City of Temecula General Plan. City of Temecula General Plan Final Environmental Impact Report. South Coast Air Quality Management Distdct CEQA Air Quality Handbook. The City of Temecula Development Code. Focused Traffic Analysis for TPM 28627 prepared by RKJK & Associated - May 1999 (with subsequent amendments) Biological Impact Report for TPM 28627 prepared by Pdncipe & Associates - December 1997 Delineation of Wetlands and Jurisdictional Waters for TPM 28627 prepared by LSA Associates - October 1998 A Reevaluation of Archaeological Sites Recorded on TPM 23987 prepared by The Archaeological Research Unit at UCR (December 1988) R:\CEQA\307PA97 - EIS2.doc 24 Mitigation Monitoring Program Planning Application No. PA97-0307 (Tentative Parcel Map No. 28627) Aesthetics General Impact: Substantially degrade the existing visual character or quality of the site and its surroundings. Mitigation Measure: Preserve the entire six acres of Riparian Woodland and one half acre of the one acre portion of the Riversidian Sage Scrub. For the one half acre of Riversidian Sage Scrub that will be developed, the project proponent will be required to purchase one half acre of Rivereidian Sage Scrub off-site or a greater amount as required by State and Federal wildlife agencies in compliance with the requirements of the California Department of Fish and Game's Natural Communities Conservation Program (NCCP) [based on the Evaluation Logic Flow Chart contained in Attachment "A" of the Biological Impact Report prepared for the project]. Specific Process: Receive approval for the purchase of off-site property from the U.S. Fish and Wildlife Service and the California Department of Fish and Game. Submit a mitigation plan to the Planning Department which details how the applicant has set aside sensitive areas and has met the requirements of the U.S Fish and Wildlife Service and the California Dept. of Fish and Game for the off-site purchase of off-site property to compensate for the taking of any Riversidian Sage Scrub. Mitigation Milestone: Prior to the issuance of grading and building permits. Responsible Monitoring Party: Department of Public Works and Planning Department. General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area. Use lighting techniques that are consistent with Ordinance No. 655. Submit lighting plan to the Building and Safety Department approval. Prior to the issuance of grading and building permits, :Building and Safety Department. for F:\DEPTS\PLANNING\CEQA\307pa97,MMP.dcc 1 Bioloaical Resources General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Endangered, threatened or ram species or their habitats (including but not limited to plants, fish, insects, animals and birds). Pay Mitigation Fee for impacts to Stephen's Kangaroo Rat. Pay $500.00 per gross acre to mitigate the regional impacts on the Stephen's Kangaroo Rat caused by urbanization. Prior to the issuance of a grading permit. Responsible Monitoring Party:Department of Public Works and Planning Department. General Impact: 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. Mitigation Measure: Preserve the entire 6 acres of Ripadan Woodland on-site. Avoid runoff contamination to Murrieta and Temecula Creeks, install utility extensions underground, and revegetate all graded and disturbed areas near the channels with native tree and plant species. Specific Process: Development of the site shall preserve the entire 6 acres of Riparian Woodlands on site. No grading or clearing shall occur in this area. Development of the site shall be designed so that all utility extensions are underground and that surface water run off and spillage drains away from Murrieta and Temecula Creeks. This area shall be fencad off prior to any grading activities to prevent any disturbances to wetland or vegetation areas. The project will be conditioned to revegetate all graded and disturbed areas near the channels with native tree and plant species. Prepare a Biological Mitigation Plan to insure project compliance to the mitigation measures contained in this document. Mitigation Milestone: Prior to the issuance of a grading permit or any site development modification, which ever occurs first. Responsible Monitoring Party:Department of Public Works and Planning Department. General Impact: Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds). Mitigation Measure: Requirement of biologic survey prior to the issuance of a grading permit or at the time of the submittal of a development proposal for the site (which ever occurs first). Specific Process: At the time of the submittal of a development proposal or the submittal of a grading plan for the project site the applicant shall F:\DEPTS\PLANNING\CEQA\307pa97.MMP.doc 2 submit a biological survey at the appropriate time 0f the year to determine if the California Gnatcatcher, the Quino Checkerspot Butterfly or any other endangered or threatened species inhabit the site. This biological survey shall propose appropriate mitigation for development of the site. This biological survey shall submitted to the U.S. Fish and Wildlife Service and the California Department of Fish and Game for review and approval. Prepare a Biological Mitigation Plan to insure project compliance to the mitigation measures contained in this document. Mitigation Milestone: Upon submittal of a development proposal or prior to the issuance of a grading permit (which ever comes first). Responsible Monitoring Party: Planning Department General Impact: Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means Mitigation Measure: Preserve the entire amount of Riparian Woodlands habitat on site. Mitigate for any lost jurisdictional wetlands under the terms of a 404 Permit from the U.S. Fish and Wildlife Service and a 1601 Permit from the California Department of Fish and Game, Specific Process: Obtain a 404 permit from the U.S. Fish and Wildlife Service and a 1601 Streambed Alteration Permit from the California Department of Fish and Game. Prepare a Biological Mitigation Plan to insure project compliance to the mitigation measures contained in this document. Mitigation Milestone: Prior to the issuance of a grading permit. Responsible Monitoring Party:Department of Public Works and Planning Department. Cultural Resources General Impact: Directly or indirectly destroy a unique archeological resource or site or unique geologic feature. Mitigation Measure: An earlier Archaeological Investigation conducted by the Archaeological Research Unit at the University of California at Riverside in December of 1986 identified a sensitive archaeological area along Murrieta Creek which may extend into the subject site. Due to the potential for deposits in the area and at the recommendation of the UCR Eastern Information Center (within correspondence dated October 13, 1997), future development of the proposed site will be required to conduct a Phase II archeological investigation on site prior to the approval any development project. F:\DEPTS\PLANNING\CEQA\307pa97.MMP,doc 3 Specific Process: When future development is proposed on the site a Phase II archaeological study shall be conducted. This study shall establish appropriate mitigation to address any significant impacts that may occur. Mitigation Milestone: Prior to the issuance of a grading permit or the submittal of a subsequent development application, which ever occurs first. Responsible Monitoring Party:Public Works Department and Planning Department. General Impact: Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. Mitigation Measure: The General Plan identifies that the area could potentially be within a highly sensitive paleontological area. Due to the potential for deposits in the area, future development of the proposed site will be conditioned to have an on site-monitor during grading operations. The potential for future significant impacts will be determined and fully mitigated when future development proposals are considered. Specific Process: Place a condition on this project that grading will cease if cultural resources are encountered during grading. Mitigation Milestone: During grading operations. Responsible Monitoring Party:Public Works Department and Planning Department. Geologic Problems General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: 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 building permits. Responsible Monitoring Party:Department of Public Works and Building and Safety Department, General Impact: Expose people to risks to life or property due to expansive soils. Mitigation Measure: Utilize construction techniques that are consistent with the Uniform Building Code. F:\DEPTS\PLANNING\CEQA\307pa97.MMP.dOc 4 Specific Process: Submit construction plans to the Building and Safety Department for approval. Mitigation Milestone: Prior to the issuance of a building permit, Responsible Monitoring Party:Building and Safety Department. Hvdrologv General Impact: The project will violate water quality or waste discharge requirements Mitigation Measure: 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. Specific Process: The applicant shall submit a SWPPP to the San Diego Regional Water Quality Control Board (SDRWQCB) for their review and approval. Mitigation Milestone: Prior to the issuance of a grading permit. Responsible Monitoring Party: Department of Public Works and SDRWQCB (for SWPPP). General Impact: The project will substantially alter the existing drainage pattern of the site Mitigation Measure: 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. Specific Process: The applicant shall submit a SWPPP to the San Diego Regional Water Quality Control Board (SDRWQCB) for their review and approval. Mitigation Milestone: Prior to the issuance of a grading permit. Responsible Monitoring Party: Department of Public Works and SDRWQCB (for SWPPP). General Impact: Place within a 100-year flood hazard area structures that would impede or redirect flood flows, Mitigation Measure: The applicant shall obtain a floodplain development permit to ensure all finished floors are a minimum of one (1) foot above the base flood elevation. Specific Process: Submit a floodplain development permit to the Public Works Department for approval. F:\DEPTS\PLANNING\CEQA\307pa97,MMP.dOC 5 Mitigation Milestone: Prior to the issuance of a grading permit. Responsible Monitoring Party: Department of Public Works. Transportation/Circulation General Impact: Increase in vehicle trips or traffic congestion. Mitigation Measure: Payment of Development Impact Fee for mad improvements and traffic impacts. Specific Process: Payment of the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code. Mitigation Milestone: Prior to the issuance of building permits. Responsible Monitoring Party:Building and Safety Department. General Impact: Mitigation Measure: Specific Process: 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. Mitigation Milestone: Prior to the issuance of building permit. Responsible Monitoring Party:Building and Safety Department. General Impact: Increase in vehicle trips and traffic congestion whereby effecting the Level of Service (LOS) for intersections in the vicinity and increasing hazards associated with increased trips and traffic congestion. Mitigation Measure: The project has been conditioned to relocate the site's access approximately 250 feet to the west of the current proposed access location, which effectively eliminates the extension of Old Town Front Street to the south of Highway 79(S)/Westem Bypass Corridor. Specific Process: Redesign the map with the access into the project shifted to a location approximately 250 feet from the current proposed alignment and receive the appropriate approvals from the Public Works and Planning Departments. Mitigation Milestone: Prior to recordation of a final map. F:\DEPTS\PLANNING\CEOA\307pa97.MMP,dOC 6 Responsible Monitoring Party: Department of Public Works and Planning Department Noise General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: 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. Responsible Monitoring Parby:Building & Safety Department and Department of Public Works. Public Services General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: 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. Responsible Monitoring Party:Building & Safety Department and Temecula Valley Unified School District. General Impact: Mitigation Measure: Specific Process: A substantial effect upon and a need for maintenance of public facilities, including reads. 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. Mitigation Milestone: Prior to the issuance of building permits. Responsible Monitoring Party:Building and Safety Department. F:\DEPTS\PLANNING\CEQA\307pa97.MMP.doc 7 ATTACHMENT NO. 3 EXHIBITS F:\DEPTS\pLANNING\STAFFRPT\307PA97.PC2.dOc CITY OF TEMECULA CASE NO. - PLANNING APPLICATION NO. PA97-0307 (TENTATIVE PARCEL MAP 28627) EXHIBIT A PLANNING COMMISSION DATE - DECEMBER 8, 1999 VICINITY MAP F:\DEPTS\PLANNING\STAFFRPT\307pA97 .PC2.doc 15 CITY OF TEMECULA EXHIBIT B - ZONING MAP DESIGNATION - HT (HIGHWAY/TOURIST COMMERCIAL)/ OS-C (CONSERVATION) EXHIBIT C - GENERAL PLAN DESIGNATION - HTC (Highway/Tourist Commercial)/OS (Open Space) CASE NO. - PA97-0307 (TENTATIVE PARCEL MAP 28627) PLANNING COMMISSION DATE - DECEMBER 8, 1999 F:\DEPTS\PLANNING\STAFFRPT\307PA97.PC2.dcc ITEM #6 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION December 8, 1999 Planning Application No. PA99-0244 (General Plan Amendment) Planning Application No. PA99-0245 (Zoning Amendment) Planning Application No. PA99-0243 (Tentative Tract Map No. 29286) Prepared By: Patty Anders, Assistant Planner RECOMMENDATION: The Community Development Department - Planning Division Staff recommends the Planning Commission: ADOPT the Mitigated Negative Declaration for Planning Application No. PA99-0244 (General Plan Amendment); Planning Application No. PA99-0245 (Zoning Amendment); and Planning Application No. PA99-0243 (Tentative Tract Map 29286); 2. ADOPT the Mitigation Monitoring Program for Planning Application No, PA99-0244 (General Plan Amendment); Planning Application No. PA99-0245 (Zoning Amendment); and Planning Application No. PA99-0243 (Tentative Tract Map 29286); ,, :;'~3. f//ADOPT Resolution No. 99- recommendi, De--the-Gi.ty .3) ~,o ~ approve Planning Application No. PA99-0244 ' -:',.:" (C-~neral Pl~t) based upon the Analysis .)_] ,,. ;" Findings contained in the Staff Report; , 4. ~,'ADOP'['Resolutiofi,-No.-99- "'-~'ecorftmendi'ng the City I,.,. ""., n~d in tR~ 5. ADOPT Resolution No. 99- recommendS'the Ci~ Council approve Planning Appli~tion No:' PA99-0243 (T~i~ Tract Map 29286) based upon the Analysis and Findings containeB'rfi'~taff Repod, and subject to the a~ached Conditions of Approval APPLICATION INFORMATION APPLICANT: PROPOSAL: Bill Storm, Lennar Communities Planning Application No. PA99-0244 is a request for a General Plan Amendment to remove the subject site from the Specific Plan overlay designation on Figure 2-5 of the General Plan F:\Depts\PLANNING\STAFFRPT\243pa99.PC.doc 1 and revert back to the underlying Land Use Designation of Low Medium (LM) Density Residential depicted on the General Plan Land Use map; Planning Application No, PA 99-0245 (Zoning Amendment) to change the existing zoning map from Specific Plan Overlay (SP) to Low Medium (LM) Density Residential which is consistent with the underlying General Plan Land Use designation of Low Medium (LM) Density Residential. Planning Application No. PA99-0243 is a request for a Tentative Tract Map to subdivide 9.75 acres of land into thirty eight (38) single family residential lots. LOCATION: Located on the east of Margadta Road at the northem City limit (Assessor's Parcel Number 911-640-003). EXISTING ZONING: SURROUNDING ZONING: LM (Low Medium Density Residential) North: Single Family Residential (County of Riverside Zoning) South: SP (SweetWater Specific Plan) East: Single Family Residential (County of Riverside Zoning) West: SP (SweetWater Specific Plan) GENERAL PLAN DESIGNATION: LM (Low Medium Density Residential) EXISTING LAND USE: Vacant SURROUNDING LAND USES: BACKGROUND North: Vacant South: Winchester Creek Park East: Single Family Residential West: Vacant PAgg-0244 General Plan Amendment, Planning Application No. PA99-0245 Zoning Amendment and Planning Application No. PA99-0243 for Tentative Tract Map No. 29286 were submitted on June 22, 1999. A Development Review Committee (DRC) meeting was held on July 15, 1999 which resulted with the Public Works and Fire Departments having issues relative to the number and location of access points. Staff worked with the applicant to resolve the issues and bring the project into compliance with the City standards. The applications were deemed complete on November 9, 1999. PROJECT DESCRIPTION The applications are to subdivide 9.75 acres into 38 single family residential lots with and a corresponding General Plan Amendment to remove the subject site from the Specific Plan Overlay designation on Figure 2-5 of the General Plan and revert back to the underlying Land Use Designation of Low Medium (LM) Density Residential as depicted on the General Plan Land Use map. The Zoning Amendment is to remove the subject site from the existing Specific Plan zoning to be consistent with the existing Land Use Designation of LM (Low Medium Density Residential) of the General Plan. F:\Depts\PLANNING\STAFFRFF\243pa99.pC.doc 2 ANALYSIS General Plan Amendment (PA99-0244~ The applicant is requesting to remove the subject site from the proposed SweetWater Specific Plan that is currently being reviewed by staff. This requires a General Plan Amendment (GPA) to remove the site from the Specific Plan (SP) Oveday designation on Figure 2-5 of the General Plan and revert the zoning back to the undedying Land Use Designation of Low Medium (LM) Density. The map is being subdivided in conformance with the Low Medium (LM) Density Residential standards and is below the General Plan and Development Code target density of 4.5 dwelling units per acre, with a proposed density of 3.9 dwelling units per acre. The proposed GPA is a procedural change to make Figure 2-5 of the General Plan consistent with the proposed Zoning Amendment. No change in Land Use or density will occur as a result of this General Plan Zonine Amendment (PA99-0245) '~;7~'~,. ~ The subje. ct site is being rem. oved from the e. xisting. SweetWater Specifi.c I~lan tha. t is curr;~l~¢',~ (LM) Density Residential. Both the applicant and staff agree that the subject parcel is not appropriate to include in the Specific Plan because it is an isolated, in-fill parcel that does not have a logical connection to the proposed Spedtic Plan. Therefore, staff supports excluding this site from the SweetWater Specific Plan and reverting the zoning back to LM (Low Medium Density Residential) to be consistent with the existing Land Use Designation of the General Plan. PA 99-0243 Tentative Tract MaD (29286) The tentative tract map proposes to subdivide 9.75 acres into 38 single family residential lots. The proposed subdivision as ~lesigned is in co .nforman. ce w!th the General Plan and Development Code .4 :~ par~ls is 7,200 square feet. The proposed par~ls range in size from 6,334 square feet to 16,263 ~' square feet, with an average net lot area of 8,765 square feet which ex~eds the minimum average c~ss and Circulation %b ~ The proposed subdivision will have one point of access off Margarita Road that will be restricted "~ ~. to right-in, right-out only. There will be no access from Date Street. As proposed, the subdivision ~o. ' consists of three cul-de-sacs off of the primary street that provides circulation throughout the development. · '~,:i~' 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 because the mitigation measures described in the Mitigation Monitoring Program and the Conditions of Approval that have been added to the project. Therefore, a Mitigated Negative Declaration is hereby adopted. F:\D¢pCs\PLANNING\STAFFP, PT~243pa~)9.PC.dOC SUMMARY/CONCLUSIONS The proposed map provides adequate access, circulation and developable lots. The proposed lots comply with the minimum average net lot size requirements of the Low Medium Density Residential zoning classification pursuant to Chapter 17, Table 17.06.040 of the Development Code. The proposed General Plan Amendment is a procedural change to remove the subject site from the Specific Plan Oveday designation on Figure 2-5 of the General Plan and revert back to the underlying Land Use Designation of Low Medium (LM) Density Residential. The proposed Zoning Amendment is to change the existing zoning map from Specific Plan Oveday (SP) to Low Medium (LM) Density Residential which is consistent with the underlying General Plan Land Use designation of Low Medium (LM) Density Residential. The proposed subdivision is being developed in compliance with the standards of the LM zoning classification. FINDINGS General Plan Amendments The amendment is compatible with the health, safety and welfare of the community. The proposed General Plan Amendment is not changing the land use designation, density or permitted use types which might adversely effect the health, safety and welfare of the community. The amendment is simply removing the subject site from Figure 2-5, Specific Plan Oveday zone, and reverting the zoning back to the existing Land Use Designation of Low Medium Density Residential to be consistent with the Land Use Map. Therefore. the project will not have an adverse effect on the health, safety and welfare of the community. The amendment is compatible with existing and surrounding uses. The subdivision is compatible with the surrounding areas as the project is for single family residential homes which are similar land uses in the immediate area. Furthermore, the future homes will be developed pursuant to the General Plan, the Development Code and all of which regulate residential parcels and development. In 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 upon approval of the corresponding General Plan Amendment (PA9g-0244) and Zoning Amendment (PA99- 0245).. The amendment will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan. The proposed subdivision and future residential development is a permitted use in the existing SP (Specific Plan) and Land Use Designation of the Low Medium (LM) Density Residential zoning classification. The project is being developed in conformance with the General Plan Land Use Designation and Development Code standards of Low Medium (LM) Density Residential. The proposed density is below the target density of 4.5 dwelling units per acre (du/ac) with a proposed density of 3.9 du/ac. Therefore, the amendment will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan. Zonina Amendment: 1. The change is compatible with the health, safety and welfare of the community. The proposed General Plan Amendment is not changing the land use designation, density or permitted use types which might adversely effect the health, safety and welfare of the community. The amendment is simply removing the subject site from Figure 2~5, Specific F:\Depts\PLANNING\STAFFRPT\243pa99.PC.doc 4 Plan Overlay zone, and reverting the zoning back to the existing Land Use Designation of Low Medium Density Residential to be consistent with the Land Use Map. Therefore, the project will not have an adverse effect on the health, safety and welfare of the community. The amendment is compatible with existing and surrounding uses. The subdivision is compatible with the surrounding areas as the project is for single family residential homes which are similar land uses in the immediate area. Furthermore, the future homes will be developed pursuant to the General Plan, the Development Code and all of which regulate residential parcels and development. In 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 upon approval of the corresponding General Plan Amendment (PA99-0244) and Zoning Amendment (PA99- 0245)., The change will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan, The proposed subdivision and future residential development is a permitted use in the existing SP (Specific Plan) and Land Use Designation of the Low Medium (LM) Density Residential zoning classification, The project is being developed in conformance with the General Plan Land Use Designation and Development Code standards of Low Medium (LM) Density Residential. The proposed density is below the target density of 4.5 dwelling units per acre (du/ac) with a proposed density of 3.9 du/ac. Therefore, the amendment will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan. Tentative Tract MaD 29286 The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable specific plan and the City of Temecula Municipal Code. The project is compatible with the existing General Plan Land Use Designation and zoning standards of Low Medium Density Residential. Tentative Tract Map No. 29286 proposes thirty eight (38) residential lots which comply with the minimum average net lot size requirement of 7,200 square feet and the unit density of 3-6 units per acre. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use. The subject site is not part of the California Land Conservation Act of 1965 or any conservation contract. All proposed parcels are for residential home sites and comply with the Low Medium (LM) Density standards and requirements of the Development Code and General Plan. The site is physically suitable for the type and proposed density of development proposed by the tentative map. The project is compatible with the existing General Plan Land Use Designation and zoning standards of Low Medium Density Residential. Tentative Tract Map No. 29286 proposes thirty eight (38) residential lots which comply with the minimum average net lot size requirement of 7,200 square feet and the unit density of 3-6 units per acre. The proposed subdivision is being developed below the General Plan and Development Code target density of 4.5 dwelling units per acre, with a density of 3.9 dwelling unit per acre. Thus, the subject site is suitable to accommodate the proposed density. F:\Depts\PLANNING\STAFFRPTx243pa99.PC.doc 5 The design of the subdivision and the proposed improvements, with conditions of approval, are either: Not likely to cause s~gni~cant environmental damage or substantially and avoidably injure fish or wildlib or their habitat; or An environmental impact report has been prepared and a finding has been made, pursuant to Public Resources Code Section 21081(a) (3), finding that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report; 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 Mitigation Monitoring Program and the Conditions of Approval that have been added to the project. Therefore, a Mitigated Negative Declaration will be adopted. 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 proposes one street access from Margarita Road that is restricted to right-in, right-out only. 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. Therefore, cause serious public health problems are not likely to occur as a result of the proposed subdivision. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The future single family homes will have roofs that can accommodate solar panels to permit future passive or natural heating or cooling opportunities. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. The project will take direct access from Margarita Road and will not obstruct any easements. The subdivision is consistent with the City's parkland dedication requirements (Quimby). The project is conditioned to satis~ the City's parkland dedication requirement through the payment of an in-lieu fee equivalent to the dedication of .49 acres of land. The fee shall be calculated by multiplying the required amount of parkland by the City's then current appraised land valuation as established by the City Manager. F:\Depts\PLANNING\~;TAFFRFY\243pa99.pC.dOC 6 Attachments: 1. PC Resolution No. 99- - (Planning Commission Recommendation of PA99-0244, General Plan Amendment and PA99-0245, Zoning Amendment) - Blue Page 8 Exhibit A - Draft City Council Resolution No. 99- (Approving PA99-0244, General Plan Amendment) - Blue Page 13 Exhibit B - Draft City Council Ordinance No. 99- (Approving PA99-0245, Zoning Amendment) - Blue Page 17 2. PC Resolution No. 99- - (Planning Commission Recommendation of PA99-0243, Tentative Tract Map 29286) - Blue Page 20 Exhibit A--Draft City Council Resolution Approving PA99-0243 Blue Page 24 Exhibit A--Conditions of Approval - Blue Page 29 3, Exhibits - Blue Page 40 A. Vicinity Map B. General Plan Map C. Zoning Map D. Tentative Tract Map No. 29286 4. Initial Environmental Study - Blue Page 44 5. Mitigation Monitoring Program - Blue Page 45 R:~STAFFRPTX243pa99.PC.dOC 7 ATTACHMENT NO. 1 PC RESOLUTION NO. 99- RECOMMENDING APPROVAL OF PA 99-0244 (GENERAL PLAN AMENDMENT) AND PA 99-0245 (ZONING AMENDMENT) F:\Depts\PLANNING\STAFFRIrI'\243pa99.pC.dcc 8 ATTACHMENT NO. 1 PC RESOLUTION NO. 99- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE SPECIFIC PLAN OVERLAY MAP (FIGURE 2-5) OF THE GENERAL PLAN (PLANNING APPLICATION NO. PA99-0244) FOR THE PROPERTY LOCATED ON THE EAST SIDE OF MARGARITA ROAD AT THE NORTHERN CITY LIMIT AND KNOWN AS ASSESSOR'S PARCEL NUMBER 911-640-003" AND ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP TO CHANGE THE ZONING FROM SP (SPECIFIC PLAN) TO LOW MEDIUM (LM) DENSITY RESIDENTIAL (PLANNING APPLICATION PA 99-0245) ON THE PROPERTY LOCATED ON THE EAST SIDE OF MARGARITA ROAD AT THE NORTHERN CITY LIMIT AND KNOWN AS ASSESSOR'S PARCEL NUMBER 911-640-003". WHEREAS, Lennar Communities submitted Planning Application No. PA99-0244 (General Plan Amendment) and PA99-0245 (Zoning Amendment), in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA99-0244 (General Plan Amendment) and PA99- 0245 (Zoning Amendment) 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. PA99-0244 (General Plan Amendment) and PA99-0245 (Zoning Amendment) on Decamber 8, 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 headng and after due consideration of the testimony, the Commission recommended approval of Planning Application No. PA99-0244 (General Plan Amendment) and PA99-0245 (Zoning Amendment); NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. A. The Planning Commission, in recommending approval of the General Plan Amendment, make the following findings: F:\DeptS\PLANNING\STAFFRPTX243pa99.pC.doc 1. The amendment is compatible with the health, safety and welfare of the community. The amendment is compatible with the health, safety and welfare of the community. The proposed General Plan Amendment is not changing the land use designation, density or permitted use types which might adversely effect the health, safety and welfare of the community. The amendment is simply removing the subject site from Figure 2-5, Specific Plan Oveday zone, and reverting the zoning back to the existing Land Use Designation of Low Medium Density Residential to be consistent with the Land Use Map. Therefore, the project will not have an adverse effect on the health, safety and welfare of the community. 2. The amendment is compatible with existing and surrounding uses. The subdivision is compatible with the surrounding areas as the project is for single family residential homes which are similar land uses in the immediate area. Furthermore, the future homes will be developed pursuant to the General Plan, the Development Code and all of which regulate residential parcels and development. In 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 upon approval of the corresponding General Plan Amendment (PA99-0244) and Zoning Amendment (PA99o0245). 3. The amendment will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan. The proposed subdivision and future residential development is a permitted use in the existing SP (Specific Plan) and Land Use Designation of the Low Medium (LM) Density Residential zoning classification. The project is being developed in conformance with the General Plan Land Use Designation and Development Code standards of Low Medium (LM) Density Residential. The proposed density is below the target density of 4.5 dwelling units per acre (du/ac) with a proposed density of 3.9 du/ac. Therefore, the amendment will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan. B. The Planning Commission, in recommending approval of the Zoning Amendment, make the following findings: 1. The change is compatible with the health, safety and welfare of the community. The proposed General Plan Amendment is not changing the land use designation, density or permitted use types which might adversely effect the health, safety and welfare of the community. The amendment is simply removing the subject site from Figure 2-5, Specific Plan Overlay zone, and reverting the zoning back to the existing Land Use Designation of Low Medium Density Residential to be consistent with the Land Use Map. Therefore, the project will not have an adverse effect on the health, safety and welfare of the community. 2. The amendment is compatible with existing and surrounding uses. The subdivision is compatible with the surrounding areas as the project is for single family residential homes which are similar land uses in the immediate area. Furthermore, the future homes will be developed pursuant to the General Plan, the Development Code and all of which regulate residential parcels and development. In 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 upon approval of the corresponding General Plan Amendment (PA99-0244) and Zoning Amendment (PA99-0245). 3. The change will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan. The proposed subdivision and F:\Depts\PLANNING\STAFFRPT\243pa99.PC.doc 10 future residential development is a permitted use in the existing SP (Specific Plan) and Land Use Designation of the Low Medium (LM) Density Residential zoning classification. The project is being developed in conformance with the General Plan Land Use Designation and Development Code standards of Low Medium (LM) Density Residential. The proposed density is below the target density of 4.5 dwelling units per acre (du/ac) with a proposed density of 3.9 du/ac. Therefore, the amendment will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan. Section 3. Environmental Compliance. An Initial Study prepared for these projects which indicates that although the proposed projects 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 Mitigation Monitoring Program and the Conditions of Approval that have been added to the project. Therefore, a Mitigated Negative Declaration is hereby adopted. Section 4, The City of Temecula Planning Commission hereby recommends approval of Planning Application No. PA99-0244 and PA99-0245 (General Plan Amendment and Zoning Amendment) 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 Specific Plan Overlay Map of the General Plan for the property located on the east side of Margarita Road at the northern City limit and known as Assessor's Parcel Number 911-640-003" (Planning Application No. PA99-0244 and PA99-0245)" 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 to change the zoning from SP (Specific Plan) to LM (Low Medium Density Residential) on the property located on the east side of Margarita Road at the nodhem City limit and known as Assessor's Parcel No. Number 911-640- 003 (Planning Application No. PA99-0245)" substantially in the form that is attached to this resolution as Exhibit B. F:\DeptS\PLANNING\STAFFRPT\243pa99.PC.doC PASSED, APPROVED, AND ADOPTED this 8~ day of December 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 8u' day of December, 1999 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary F:\Depts\PLANNING\STAFFR.PTX243pa99.PC.doc 12 EXHIBIT A DRAFT CITY COUNCIL RESOLUTION NO. PA 99o0244 (GENERAL PLAN AMENDMENT) R:\STAFFRPT\243pa99.PC.doc 13 EXHIBIT A RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE SPECIFIC PLAN OVERLAY MAP (FIGURE 2-5) OF THE GENERAL PLAN (PLANNING APPLICATION NO. PA99-0244) FOR THE PROPERTY LOCATED ON THE EAST SIDE OF MARGARITA ROAD AT THE NORTHERN CITY LIMIT AND KNOWN AS ASSESSOR'S PARCEL NUMBER 911-640-003 WHEREAS, Lennar Communities submitted Planning Application No. PA99-0244 (General Plan Amendment), in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA99-0244 (General Plan Amendment) 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. PA99-0244 (General Plan Amendment) on December 8, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended approval of Planning Application No. PA99-0244 (General Plan Amendment); WHEREAS, the City Council conducted a public hearing pertaining to Planning Application No. PA99-0244 (General Plan Amendment) on , persons had opportunity to, and did testify either in support or ol:;positio:t which time interested to Planning Application No. PA99-0244 (General Plan Amendment); WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding Planning Application No. PA99-0244 (General Plan Amendment); 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. Findinqs The City Council, in approving Planning Application No. PA99-0244 (General Plan Amendment) hereby makes the following findings: A. The change is compatible with the health, safety and welfare of the community. The proposed General Plan Amendment is not changing the land use designation, density or permitted use types which might adversely effect the health, safety and welfare of the community. The amendment is simply removing the subject site from Figure 2-5, Specific Plan Overlay zone, and reverting the zoning back to the existing Land Use Designation of Low Medium F:\Depts\PLANNING\STAFFRPT~243pa99.pC.doc Density Residential to be consistent with the Land Use Map. Therefore, the project will not have an adverse effect on the health, safety and welfare of the community. B. The amendment is compatible with existing and surrounding uses. The subdivision is compatible with the surrounding areas as the project is for single family residential homes which are similar land uses in the immediate area. Furthermore, the future homes will be developed pursuant to the General Plan, the Development Code and all of which regulate residential parcels and development. In 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 upon approval of the corresponding General Plan Amendment (PA99-0244) and Zoning Amendment (PA99-0245).. C. The amendment will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan. The amendment will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan. The proposed subdivision and future residential development is a permitted use in the existing SP (Specific Plan) and Land Use Designation of the Low Medium (LM) Density Residential zoning classification. The project is being developed in conformance with the General Plan Land Use Designation and Development Code standards of Low Medium (LM) Density Residential. The proposed density is below the target density of 4.5 dwelling units per acre (du/ac) with a proposed density of 3.9 du/ac. Therefore, the amendment will not have an adverse effect on the community and is consistent with the goals and policies of the adopted General Plan. Section 3. Amendment To The Specific Plan Overlay MaD of the General Plan. The City Council hereby amends Figure 2-5, the Specific Plan Overlay Map, of the General Plan on the following parcel in the manner specified below: A. For the parcel identified as APN 911-640-003: On Figure 2-5 of the Specific Plan Overlay Map, change the Land Use Designation from Specific Plan (SP) to the underlying zoning classification of Low Medium Density Residential (LM) of the Land Use Map of the General Plan Section 4. Environmental Compliance. An Initial Study prepared for the project which 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 descdbed in the Mitigation Monitoring Program and the Conditions of Approval that have been added to the project. Therefore, a Mitigated Negative Declaration is hereby adopted. 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. F:\Depts\PLANNING\STAFFRPTX243pa99.PC.doc 15 Section 7. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this day of Jeffery E. Stone, Mayor ATTEST: Susan W. Jones, CMC/AAE 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 by the following vote of the Council: AYES: CITY COUNCILMEMBERS: NOES: CITY COUNCILMEMBERS: ABSENT: CITY COUNCILMEMBERS: Susan W. Jones, CMC/AAE CityClerk F:\Dep~\PLANNING\STAFFRPT~243pa99.PC.doc 16 EXHIBIT B DRAFT CITY COUNCIL ORDINANCE NO. 99- PA 99-0245 (ZONING AMENDMENT) R:\STAFFRPT\243pa99.PC.doc EXHIBIT B ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP TO CHANGE THE ZONING FROM SP (SPECIFIC PLAN) TO LOW MEDIUM (LM) DENSITY RESIDENTIAL ON THE PROPERTY LOCATED ON THE EAST SIDE OF MARGARITA ROAD AT THE NORTHERN CITY LIMIT AND KNOWN AS ASSESSOR'S PARCEL NUMBER 911- 640-003 (PLANNING APPLICATION PA 99-0245)". 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 changes to the land use district as shown on the attached exhibit are hereby approved and ratified as part of the Official Land Use map for the City of Temecula as adopted by the City and as many be amended hereafter from time to time by the City Council of the City of Temecula. The City of Temecula Official Zoning Map is amended by placing in affect the zones as described in Planning Application PA99-0245 (Zoning Amendment) and listed below: A. For the parcel identified as APN 911-640-003: change the Zoning Designation from Specific Plan (SP) to Low Medium Density Residential (LM) consistent with General Plan Land Use Designation of Low Medium Density Residential (LM); 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. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Coundlmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. Section 4. Environmental Compliance. An Initial Study prepared for the project which indicates that although the proposed projects 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 Mitigation Monitoring Program and the Conditions of Approval that have been added to the project. Therefore, a Mitigated Negative Declaration is hereby adopted. F:\Depts\PLANNING\STAFFRPT~243pa99.pC.doc 18 Section 5. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this day of .... ATTEST: Jeffery E. Stone, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, City Clerk of the City of Temecula, Califomia, do hereby certify that the foregoing Ordinance No, __, was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the day of __ by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE CityClerk F:\Depts\PLANNING\STAFFRPTX243pa99.PC.doc 19 A'I'FACHMENT NO. 2 RESOLUTION NO. 99- PA99-0243 (TENTATIVE TRACT MAP 29286) R:\STAFFRPT~243pa99.PC.doC 20 ATTACHMENT No. 2 RESOLUTION NO. 99- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL BY THE CITY COUNCIL OF PLANNING APPLICATION NO. PA99-0243 FOR TENTATIVE TRACT NO. 29286 FOR THE SUBDIVISION OF 9.75 ACRES INTO 38 RESIDENTIAL LOTS LOCATED ON THE EAST SIDE OF MARGARITA ROAD AT THE NORTHERN CITY LIMIT AND KNOWN AS ASSESSOR'S PARCEL NUMBER 911-640-003. WHEREAS, Lennar Communities filed Planning Application No. PA99-0243 (Tentative Tract Map No. 29286) 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. PA99-0243 (Tentative Tract Map No. 29286) was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA99-0243 (Tentative Tract Map No. 29386) on December 8, 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. PA99-0243 (Tentative Tract Map No. 29286); 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 Planning Commission, in approving Planning Application No. PA99-0243 (Tentative Tract Map No. 29286), hereby makes the following findings as required in Section 7.1 of County Ordinance No. 460. A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable specific plan and the City of Temecula Municipal Code. The project is compatible with the existing General Plan Land Use Designation and zoning standards of Low Medium Density Residential. Tentative Tract Map No. 29286 proposes thirty eight (38) residential lots which comply with the minimum average net lot size requirement of 7,200 square feet and the unit density of 3-6 units per acre. B. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use. The subject site is not part of the California Land Conservation Act of 1965 or any conservation contract. All proposed parcels are for residential R:\STAFFRPT~243pa99.PC.doC 21 home sites and comply with the Low Medium (LM) Density standards and requirements of the Development Code and General Plan. C. The site is physically suitable for the type and proposed density of development proposed by the tentative map. The project is compatible with the existing General Plan Land Use Designation and zoning standards of Low Medium Density Residential. Tentative Tract Map No, 29286 proposes thirty eight (38) residential lots which comply with the minimum average net lot size requirement of 7,200 square feet and the unit density of 3-6 units per acre. The proposed subdivision is being developed below the General Plan and Development Code target density of 4.5 dwelling units per acre, with a density of 3.9 dwelling unit per acre. Thus, the subject site is suitable to accommodate the proposed density. D. The design of the subdivision and the proposed improvements, with conditions of approval, are either: a. Not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; or b. An environmental impact report has been prepared and a finding has been made, pursuant to Public Resources Code Section 21081(a) (3), finding that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report; 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 Mitigation Monitoring Program and the Conditions of Approval that have been added to the project. Therefore, a Mitigated Negative Declaration will be adopted. E. 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 conformanca with the City's General Plan, Development Code and Subdivision. The project proposes one street access from Margadta Road that is restricted to right-in, right-out only. 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. Therefore, cause sedous public health problems are not likely to occur as a result of the proposed subdivision. F The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The future single family homes will have roofs that can accommodate solar panels to permit future passive or natural heating or cooling opportunities. G, The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. The project will take direct access from Margarita Road and will not obstruct any easements. H, The subdivision is consistent with the City's parkland dedication requirements (Quimby). The project is conditioned to satisfy the City's parkland dedication requirement through the payment of an in-lieu fee equivalent to the dedication of .49 acres of land. The fee shall be calculated by multiplying the required amount of parkland by the City's then current appraised land valuation as established by the City Manager. F:\Dept~\PLANNING\STAFFRFFX243pa99.PC.doc 22 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 descdbed in the Conditions of Approval have been added to the project, and a Mitigated Negative Declaration, therefore, is hereby adopted. Section 4. The City of Temecula Planning Commission hereby recommends approval of Planning Application No. PA99-0243 (Tentative Tract Map No. 29286) 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 approving Planning Application PA99-0243 for Tentative Tract No. 29286 for the sbudivision of 9.75 acres into 38 residential lots for the property located on the east side of Margadta Road at the nodhem City limit and known as Assessor's Parcel Number 911-640-003" substantially in the form that is attached to this resolution as Exhibit A; Section 5 Conditions. That the City of Temecula Planning Commission conditionally hereby approves Planning Application No. PA99-0243 (Tentative Tract Map No. 29286) for the subdivision of a 9.75 acres into 38 residential parcels located on the east side of Margarita Road at the northern City limit and known as Assessor's Parcel Number 911-640-003, subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference, for the property. Section 6 PASSED, APPROVED AND ADOPTED this 8thday of December, 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 8"~ day of December, 1999 by the following vote of the Commission: AYES: NOES: ABSTAINED: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary F:\Dcpts\pLANNING\STAFFIL~T~243pa99.PC.doc 23 EXHIBIT A DRAFT CITY COUNCIL RESOLUTION APPROVING PA99-0243 R:\STAFFRPTX243pa99.PC.doc 24 EXHIBIT A RESOLUTION NO. 99- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OF PLANNING APPLICATION NO. PA99-0243 FOR TENTATIVE TRACT NO. 29286 FOR THE SUBDIVISION OF 9.75 ACRES INTO 38 RESIDENTIAL LOTS FOR THE PROPERTY LOCATED ON THE EAST SIDE OF MARGARITA ROAD AT THE NORTHERN CITY LIMIT AND KNOWN AS ASSESSOR'S PARCEL NUMBER 911-640-003. WHEREAS, Lennar Communities filed Planning Application No. PA99-0243 (Tentative Tract Map No. 29286) 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. PA99-0243 (Tentative Tract Map No. 29286) 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. PA99-0243 (Tentative Tract Map No. 29286) on December 8, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended approval of Planning Application No. PA99-0243 (Tentative Tract Map No. 29286); WHEREAS, the City Council considered Planning Application No. PA99-0243 (Tentative Tract Map No. 29286) on , , 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, the City Council received a copy of the Commission proceedings and Staff Report regarding Planning Application No. PA99-0243 (Tentative Tract Map No. 29286); NOW, THEREFORE, THE CITY COUNCIL 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. Findinos. That the Temecula City Council, in approving Planning Application No. PA99-0243 (Tentative Tract Map No. 29286), hereby makes the following findings as required in Section 7.1 of County Ordinance No. 460. R:\STAFFRPTX243pa99.PC.doc 25 A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable specific plan and the City of Temecula Municipal Code. The project is compatible with the existing General Plan Land Use Designation and zoning standar{~s of Low Medium Density Residential. Tentative Tract Map No. 29286 proposes thirty eight (38) residential lots which comply with the minimum average net lot size requirement of 7,200 square feet and the unit density of 3-6 units per acre. B. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use. The subject site is not part of the California Land Conservation Act of 1965 or any conservation contract. All proposed parcels are for residential home sites and comply with the Low Medium (LM) Density standards and requirements of the Development Code and General Plan. C. The site is physically suitable for the type and proposed density of development proposed by the tentative map. The project is compatible with the existing General Plan Land Use Designation and zoning standards of Low Medium Density Residential. Tentative Tract Map No. 29286 proposes thirty eight (38) residential lots which comply with the minimum average net lot size requirement of 7,200 square feet and the unit density of 3-6 units per acre. The proposed subdivision is being developed below the General Plan and Development Code target density of 4.5 dwelling units per acre, with a density of 3.9 dwelling unit per acre. Thus, the subject site is suitable to accommodate the proposed density. D. The design of the subdivision and the proposed improvements, with conditions of approval, are either: a. Not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; or b. An environmental impact report has been prepared and a finding has been made, pursuant to Public Resources Code Section 21081(a) (3), finding that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report; 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 Mitigation Monitoring Program and the Conditions of Approval that have been added to the project. Therefore, a Mitigated Negative Declaration will be adopted. E. 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 proposes one street access from Margadta Road that is restricted to right-in, right-out only. 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. Therefore, cause serious public health problems are not likely to occur as a result of the proposed subdivision. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The future single family homes will have roofs that can accommodate solar panels to permit future passive or natural heating or cooling opportunities. F:\Depts\PLANNING\STAFFRFr\243pa99.PC,doc 26 G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the altemate easements which are substantially equivalent to those previously acquired by the public will be provided. The project will take direct access from Margarita Road and will not obstruct any easements. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby). The project is conditioned to satisfy the City's parkland dedication requirement through the payment of an in-lieu fee equivalent to the dedication of .49 acres of land. The fee shall be calculated by multiplying the required amount of parkland by the City's then current appraised land valuation as established by the City Manager. Section 3. Environmental Coml~liance. 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 Mitigated Negative Declaration, therefore, is hereby adopted. Section 4. Conditions. That the City of Temecula City Council hereby conditionally approves Planning Application No. PA99-0243 (Tentative Tract Map No. 29286) for the subdivision of a 9.75 acres into 38 residential parcels located on the east side of Margadta Road at the northem City limit and known as Assessor's Parcel Number 911-640-003, subject to the project specific conditions set fodh on Exhibit A, attached hereto, and incorporated herein by this reference, F:\Depts\PLANNING\STAFFRPT~243pa99.PC.doc 27 Section 5. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this day of Jeffery E. Stone, Mayor ATTEST: Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, Susan W. Jones, City Clerk of the City of Temecula, Califomia, do hereby certify that the foregoing Ordinance No..__ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , and that thereafter, said Ordinance was duly adopted and passedit a regular meetin6 of the City Council of the City of Temecula on the day of , by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk F:\DeptS\PLANNING\STAFFRPT~.43pa99.PC.dOc 28 EXHIBIT A CONDITIONS OF APPROVAL F:XDepB\pLANNING\STAFFRPTX243pa99.PC.doc 29 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA99-0243 (Tentative Tract Map No. 29286) Project Description: Planning Application No. PA 99-0243 (Tentative Tract Map 29286) for the subdivision of 9.75 acres of land into thirty eight (38) residential lots zoned Low Medium Density Residential. Assessor's Parcel No.: Approval Date: Expiration Date: 911-640-003 December 8, 1999 December 8, 2001 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project The applicantJdeveloper shall deliver to the Community Development Department - Planning Division a cashiers check or money order made payable to the County Clerk in the amount of One Thousand Throe Hundred Twenty-Eight Dollars ($1,328.00) which includes the One Thousand Two Hundrod and Fifty Dollar ($1,250.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Seventy-Eight Dollars ($78.00) County administrative fee. to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21108(a) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicantJdeveloper 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 failuro of condition (Fish and Game Code Section 711.4(c)). General Requirements The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written roquest, 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 theroof, or any of its elected or appointed officials, officers, employees. consultants, contractors, legal counsel, and agents from any and all claims, actions, awards, judgemerits, or proceedings against the City to attack, set aside, void, annul, seek monetary damages resulting, diroctly 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 F:\Depts\PLANNING\STAFFRPT~243pa99,PC .doc 30 defense. The Tentative Tract Map (29286) shall not be approved until the General Plan Amendment (PA99-0244) and Zoning Amendment (PA99-0245) are approved. If subdivision phasing is proposed, a Dhasina plan shall be submitted to and approved by the Planning Director. The project and all subsequent projects within this site shall comply with all mitigation measures contained in the projects Mitigation Monitoring Program. After grading all slopes shall be planted in accordance with the City's Slope Planting Guidelines. Jute netting will be required on all slopes greater than ten linear feet. Prior to Issuance of Grading Permits A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. Prior to Recordation of the Final Map 10. A copy of the Environmental Constraint Sheet (ECS) with the following notes: a. This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. DEPARTMENT OF PUBLIC WORKS 11. 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 12. It is understood that the Developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 13. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works pdor to commencement of any construction outside of the City-maintained road right-of-way. 14. 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. 15. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars, F:\Depls\PLANNING\STAFFRPT~43pa99.PC.doc 31 Prior to Approval of the Final Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and securities posted: 16. 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. Department of Public Works h. Riverside County Health Department i. Cable TV Franchise 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 17, 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: Improve Margarita Road (Arterial Highway Standard No. 100 - 110' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, 6 feet wide sidewalk within a 12 feet wide parkway, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), 14 feet wide raised landscaped median and a 14 feet wide lane west side of the median. The Developer can receive Development Impact Fee credits for half of the raised landscaped median. Improve Date Street (Major Highway Standard No. 101-100' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, 6 feet wide sidewalk within a 10 feet wide parkway, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). The Developer shall deposit $40.00/LF. with the City for future construction of F:\Depts\PLANNING\STAFFRPT~43pa99.pC.doc 32 half width of the 14 feet wide raised landscaped median. Improve Streets "A", "B", "C" and "D" (Local Road Standard No. 104 - 60' RA/V) to include dedication of full-width street right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). d. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. 18. Unless otherwise approved the following minimum cdteda shall be observed in the design of the street improvement plans: a. Street centedine grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to City Standard Nos. 207 and 208. c. Street lights shall be installed along the public streets shall be designed in accordance with Ordinance No. 461. d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400, 401 and 402. e. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. f. All street and driveway centerline intersections shall be at 90 degrees. g. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. i. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 19. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 20. Relinquish and waive dght of access to and from Date Street and Margarita Road on the Final Map with the exception of Street "A" opening as delineated on the approved Tentative Tract Map. 21. Vehicular movement to and from Street "A" shall be restricted to right in/right out, respectively. 22. 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. F:\Dep~s\PLANNING\STAFFRPT~43pa99.PC.doc 33 23. 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. 24. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment Distdct must comply with the requirements of said section. Prior to City Council approval of the Final Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. 25. Any delinquent property taxes shall be paid. 26. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final Map to delineate identified environmental concerns and shall be recorded with the map. A copy of the ECS shall be transmitted to the Planning Department and Public Works Department for review and approval. The following information shall be on the ECS: a. The delineation of the area within the 100-year floodplain. b. Special Study Zones. c. Geotechnical hazards identified in the project's geotechnical report. d. Archeological resources found on the site. 27. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any undedying maps related to the subject property. 28. The Developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the Final Map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the Developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the Developer, at the Developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 29. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or secudty systems shall be pre-wired in the residence. 30. 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. 31. Pdvate drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the Final Map. 32. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the Final Map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located F:\DcpL~\PLANNING\STAFFRPT~43pa99.pC.doc 34 outside of mad right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." Prior to Issuance of Grading Permits 33. As deemed necessary by the Department of Public Works, the Developer shall receive wdtten clearance from the following agencies: a, San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation Distdct c. Planning Department d. Department of Public Works e. Riverside County Health Department f. Community Services District g. General Telephone h. Southern California Edison Company i. Southern California Gas Company j. Fish & Game k. Army Corps of Engineers 34. 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, 35. 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. 36. 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. 37. 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. 38. 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. F:\l)eptS\PLANNING\STAFFRPT~243pa99.PC.dOC 35 39. All lot drainage shall be diracted to the driveway by side yard drainage swales independent of any other lot. Prior to Issuance of Building Permits 40. The Final Map shall be approved and recorded. 41. 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. 42. Grading of the subject property shall be in accordance with the California Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 43. 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 44. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 45, All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 46, All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 47. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be rapaired or removed and replaced to the satisfaction of the Director of Public Works. 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. 48. 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. 49. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix Ill.A, Table A-Ill-A-1. The developer shall provide for this F:\Depts\PLANNING\STAFFRPT\243pa99.pC.doC 36 50. 51. 52. 53. 54. 55. 56. 57. 56. project, a water system capable of delivering 1500 GPM at 20 PSI residual operating pressure with a 2 hour duration. The required fire flow may be adjusted dudng 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) The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill. B, Table A-Ill-B-1. Standard fire hydrants (6" x 4" x 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) Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul- de-sac shall be thirty-eight (38) feet. (CFC 902.2.2.3) 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) 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, GVVV. (CFC 8704.2 and 902.2.2,2) Pdor 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. GVVV with a minimum AC thickness of .25 feet, ( CFC sec 902) 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) 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) Pdor 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 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 ) 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) F:\Depts\PLANNING\STAFFRPTX243pa99.PC.doc 37 59. 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) COMMUNITY SERVICES General ReQuirements: 60. A Class II Bicycle Lane on Margadta Road and Date Street shall be identified on the street improvement plans and constructed in concurrence with the completion of said street improvements. 61. The developer, or his assignee, shall be responsible for the parkway landscaping adjacent to Margarita Road and Date Street and the raised landscape medians until such time as those responsibilities are approved and accepted by the TCSD. 62. All perimeter walls, interior slopes, drainage structures and entry monumentation shall be constructed outside of the proposed TCSD maintenance area and maintained by the property owner or and established Home Owner's Association (HOA). 63. Construction of the parkway landscaping on Margarita Road and Date Street and the landscaped medians shall commence pursuant to a pre-construction meeting with the developer and the TCSD Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude the acceptance of this area into the TCSD maintenance program. 64. Grading improvements that encroach upon the adjacent Winchester Hills Park shall require a City Council approved grading agreement. The developer shall provide construction plans and post securities to guarantee the park is repaired to City standards. Prior to ADDroVal of the Final MaD: 65. The developer shall satisfy the City's parkland dedication requirement through the payment of an in-lieu fee equivalent to the dedication of .49 acres of land. The fee shall be calculated by multiplying the required amount of parkland by the City's then current appraised land valuation as established by the City Manager. 66. Landscape construction drawings for the perimeter parkway landscaping and the raised landscape medians shall be reviewed and approved by the Director of Community Services. 67. The developer shall post security and enter into an agreement to improve the parkway landscaping and raised landscape medians. 68. The proposed landscaped parkway adjacent to Margarita Road and Date Street (Lot Nos. I and 25-38) shall be identified as a TCSD maintenance area and offered for dedication on the final map. 69. The developer shall file a notice of intention with the TCSD to initiate election proceedings for acceptance of residential street lighting and slope maintenance responsibilities into the respective TCSD maintenance programs. All costs associated with this process shall be borne by the developer. Prior to Issuance of Bulldine Permits: F:\Depts\PLANNING\STAFFRPT~243pa99.PC.doc 38 70. Pdor to issuance of building permits or installation of the street lights, whichever comes first, the developer shall pay the appropriate energy fees related to the transfer of said street lights into the TCSD maintenance program. Prior to Issuance of Certificates of Occupancy: 71. It shall be the developers responsibility to provide wdtten disclosure of the existence of the TCSD and its service level rates and charges to all prospective purchasers. OTHER AGENCIES 72. The applicant shall comply with the recommendations set forth in the Rancho California Water Distdct's transmittal dated July 12, 1999, a copy of which is attached. 73. The applicant shall comply with the recommendations set forth in the Eastern Information Centers transmittal dated July 12, 1999, a copy of which is attached. 74. The applicant shall comply with the recommendations set forth in the County of Riverside, Department of Environmental Health's transmittal dated July 12, 1999, a copy of which is attached, The applicant shall comply with the recommendations set forth in the Riverside County Flood Control and Water Conservation Distdcrs transmittal dated July 29, 1999, a copy of which is attached. 75. 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's Signature Date Name printed F:\Depts\PLANNING\STAFFRPTX243pa99.PC.d~c 39 Kan Ralph H. Daily Doug Kulberg Jeffre~ L, Minlder John F. Hennigar July 12, 1999 Patty Anders, Case Planner City of Ternecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY TRACT NO. 29286 APN 911-640-003 PLANNING APPLICATIONS NO. PA99-0243, NO. 99-0244, AND NO. PA99-0245 Dear Ms. Anders: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 99~B:mc175~FO12-T1LFCF c: Laude Williams, Engineering Services Supervisor : JUL ] 4 7999 ',':'.'! ......... iMonday Jury 12, 1999 9:47am -- From ,90978~. ' -- Page 2I SENT UY:UCR . ?-12-99 ;IO:2gAR; ARCH RESEARCH .IT~ 90969464??;# 2 CALIFORNIA HISTORICAL RESOURCES INFORMATION SYSTEM RW~,~I3)e item Information Center Oepertment of AnffirOpology University of Califomie Riverside, CA 92521-04:18 Phone (909) 787-5745 Fax (909) 787-5409 CULTURAl, RESOURCE REVIEW DATE: Records at the Eastern Information Center of the California ZJiistorlcal Reeourcee Information System have been rt:viewed to determine if this project would ndvea'sely effect prehistoric or histori; cultural resourcea: Thc propoecd project uc, h,, n~ beg~ .urveyed br ~ moume and ~oateie or i, V_j-___-.r~_ Io known cutrural rc.ouroe(,). A ~ I study b rccommc__..~__. __ Ihsed upon existing dm the pml~sed pmjeot a~ ~ ~ ~il for ~i ~1 mou~. A ~ l ~dy __ A Phu= I cukurtl reaouree study {MF # · ) idm~f-,a me or mo~ cu~n.r~l ~ Tlscrc is a low pxobeb~ty of ¢uRulll rclotu'ccl,. Furriser Iludy ia no¢ recemmemdcd. __ Due m the ereh&eologie. I sensitivity of Ihe ate., sethmovlng du ring eonltruotion should be monhomd by · peofensional uchaeotog~. Ptmsel Phase I1 PImse I11 Pitase IV COMMENTS: If you have any questions, please contact us. Eastern Information Center mc'vM~ IMonday JuLy 12, 1999 9:47am -- From s909787~, -- Psge ]~ SENT BY:UG~ . 7-12-gg :IE:3OAM; ARGH RESEARGH .iT~ gOgEg16477;# 3 ~) D~e~elop City of Temecula JUl. 0 ~ 1929 ! meat R ct ~ansmi~ ' Case Name: Applicant: Proposal: Lo~tion: Intended Envirormaental Action: Assessor's Parcel Number: Case Planner: Status: Comments: The attached project has been scheduled for a Developmext Review Committee meeting on Thursday, July 15, 1999,' Your written comments are requested. Oux mail 'IX addr~s.s is: City of Temecula Planning ri . shou~a you have any questions regarding this project{ please contact the case planner at (909) 694- Project Information; Winchester Hills a.,ennar qomes Case Number: PA99-0243 (Tentati,~e Tract Map 29286), PA99-0244 (GPA) and PA99-024S Zone Change Winche$t~ l~ilk Tentative Tract 1Vatp 29286 Lennar Homes / Mr. 3ffi Storm Subdivision of 9.75 acres into 40 single family residential lots and two open space lots (PA99-0243). A General plan Amendment to change the current land use classification of "S" (Specific Plan) to LM (Low Medium Denally Residential) and a zone change to change the zoning cla.~affication fzom 'SP" (Specific Plan) to LM (Low Medium DeasiD- Residential). Southeast corner of Margarita Road and Date Street Negative Declaxation 911-640-(X)3 (Formerl~ 911-640-002) X . Re-submittal: PreviouS DRC Date: :twater Specific Plan (previously known as This is not part of the proposed Swe WinchesterHills Specific Plan). ~XTiiMEC_pS201~.DATAXDBPTSXPLANNINGXPLANNI~GX243pa~gDR. C T~,do~ 2 IHonday JuLy 12, 1~ 3:02pm -- Fro8 '~558~3, 87/12/19~J 14:42 9558983 TO: FROM: County of Riverside P~E DEPARTMENT OF ENVIRONMENTAL HEAL'!H' ATE: tsmumy 12 CITY OF TEMECULA PLANNING DEPARTMENT CHANGE OF ZONE NO. PA99-0245 ( l~f~nce: TTR 29286, GPA PA99-0244) 1. The Department Of Environmenlal Health has ~riewed this Challge of Zone No. PA99-0245 and has no objections. 2. Sanitary sewer and water services should be available in this are& 03/84 1999 CH:dr (909) 955-8980 DAVID P. ZAPPE General Manager-Chief Engineer RIVERSIDE COUNTY FLOOD C.D1NTFROL__ AND WATER CONSERVATION City of Temecula Plannin De rtment Post o}Wce 9033 Temecula, California 92589-9033 Attention: Patty Andera Ladies and Gentlemen: 1995 MARKET STREET __.._,.RIVERSIDE, CA 92501 909.955.1200 909.788,9965 FAX 58234.1 Re: Tentative Tract Map 29286 (PA 99-0243) The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The Distdct also does not plan check c land use cases, or provide State Division of Real Estate letters or other flood hazard re orts for such cases. ~istdct comments/recommendations for such cases are normally f gr":.%. '.o &%,%".,%%%'o plan system, and Distd~lArea Drainage Plan fees (development mitigation fees). In addition, information of a generm nature is provided. The District has not reviewed the proposed pro'ect in detail and the following checked comments do not in an way COnstitute or im I Distdct a proval or en~Jorsement of the proposed project with respect to flood hazar~y, public health and sa~y or any ot~er such issue: This project would not be impacted by Distdct Master Drainage Plan facilities nor are other facilities of regional interest proposed. This project involves Distdct Master Plan facilities. The Distdct will aCCe t ownership of such facilities on wi'itten request of the City. Facilities must be constructed to Distd~ostandards, and Distdct plan check and inspection will be required for Distdct acceptance. Plan check, inspection and administrative fees will be required. X This project ma involve draina · facilities that may be COnsidered a logical extension of the Distdct's ' Margadta Roa~Storm Drain. ~'~e District would consider acceptin ownership of such facilities on wdtten request of the C ty Fact es must be constructed to Distnct ~gt~ndards and Distdct lan check and inspection will be required for District acceptance. Plan check, inspection and adminis~t ve fees will be required. X Ths project is located within the limits of the Districrs Mumeta Creek/Santa Margadta Valley Area ' Drainage Plan for which drainage fees have beer, adopted; a pliceble fees should be paid by cashier's check or money order onl to tffie Flood Control Distdct dor ~ issuance of building or grading permits, whichever comes first. ~Yees to be paid should be at t~e rate in effect at the time of ~ssuance of the actual permit. GENERAL INFORMATION This pro'ect may require a Nationa Po utant Dischar · Elimination System (NPDES) permit from the State Water ~Lesources Contro Board. Clearance for ra~n~g. recordation or other final ap roval should ot be given until the City has determined that the project gnas been granted a permit or is shown ~ be exempt. n If ths roject nvolves a Federal Emergency Management Agenc (FEMA) mapped flood plain, then the City shou dP~equ re the applicant to rov de a stud es calculations gYans and other information re uired to meet FEMA requ rements, and shouloPfurther require that the applicant obtain a Conditional Letter o~ql~ap Revision CLOMR) prior to grading. recordation or other final approval of the project, and a Letter of Map Revision ILOMR) pnor to occupancy. f a natura watercourse or mapped flood plain is im acted by this project, the City should require the applicant to obtain a Section 1601/1603 A reement from the ~aa fomia Department of Fish and Game and a Clean Water Act Section 404 Permit from the g~.S. Army Corps of Engineers or written correspondence from these agencies nd cat n the pro'ect is exempt from these re uirements. ~ Clean Water Act Section 401 Water Quality Certi~ca~on ma ~;e required from the local Cali?oLmia Regional Water Quality Control Board pdor to issuance of the Corps 40~' permit. Very truly yours. STUART E. MCKIBBIN Senior Civil Engineer Date: July 29, 1999 SKM:slj ATTACHMENT NO. 4 EXHIBITS F:\Depts\pLANNING\STAFFRPT\243pa99.PC.doc 40 CITY OF TEMECULA CASE NO. o Planning Application No. PA99-0243 (Tentative Tract Map No. 29286), PA99-0244 (General Plan Amendment), PA99-0245 (Zoning Amendment) EXHIBIT A PLANNING COMMISSION DATE - December 8, 1999 VICINITY MAP F:\Depts\PLANN1NGx, STAFFRPT~43pa99.PC.doC CITY OF TEMECULA TENTATIVE TRACT NO. 29286 '~/,~ City of Temecula, County of Riverside, State of California CASE NO. - Planning Application No. PA99-0243 (Tentative Tract Map No. 29286) EXHIBIT D TENTATIVE TRACT MAP PLANNING COMMISSION DATE - December 8, 1999 F:\Depts\PLANNING\STAFFRPT\243pa99.pC.doc 42 CITY OF TEMECULA EXHIBIT B - ZONING MAP DESIGNATION - LM (Low Medium Density Residential) EXHIBIT C - SPECIFIC PLAN OVERLAY MAP (FIGURE 2-5) OF THE GENERAL PLAN DESIGNATION - SP (SPECIFIC PLAN) CASE NO. - PA99-0243 (Tentative Tract Map 29286) PLANNING COMMISSION DATE - December 8, 1999 F:\Depts\PLANNING\STAFFRPT~243pa99.PC .doc 43 ATTACHMENT NO. 5 INITIAL ENVIRONMENTAL STUDY F:\Dept~\PLANNING\STAFFRFr\243pa99.PC.doC 44 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Tentative Tract Map No. 29286 (Planning Application No. PA99- 0243); General Plan Amendment (Planning Application No. PA99- 0244); and Zoning Amendment (Planning Application No. PA99- 0245) Lead Agency Name and Address Contact Person and Phone Number Project Location Project Sponsor's Name and Address General Plan Designation City of Temecula P.O, Box 9033, Temecula, CA 92589-9033 Patty Anders, Assistant Planner (909) 694-6400 Located on the east side of Margadta Road at the northern City limit, approximately 880' north of the intersection of Margarita Road and Rustic Glen. (Assessor's Parcel Number 911-640-003) Bill Storm, Lennar Homes, 24800 Chrisanta Drive, Mission Viejo, CA 92691 Low Medium Density Residential (LM) Zoning Specific Plan Overlay (SP) Description of Project PA99-0243 (Tentative Tract Map No. 29286) is a request to subdivide 9.75 acres into 38 single family residential lots and two open space lots that comply with the Low Medium (LM) Density Residential zoning classification (3-6 dwelling units per acre); PA 99-0244 (General Plan Amendment) to remove the subject site from the Specific Plan oveday designation on Figure 2-5 of the General Plan and revert back to the underlying Land Use Designation of Low Medium (LM) Density Residential depicted on the General Plan Land Use map; PA99-0245 (Zoning Amendment) to change the existing zoning map from Specific Plan Oveday (SP) to Low Medium (LM) Density Residential which is consistent with the underlying General Plan Land Use designation of Low Medium (LM) Density Residential. Surrounding Land Uses and Setting Other public agencies whose approval is required These three applications shall constitute the "project" as used in the comment portions of the Environmental Checklist. North: Neighborhood Commercial (Vacant) East: SweetWater Specific Plan (Vacant) South: Medium Density Resident (Existing Community Park) West: Low Medium Density Resident (Existing Single Family) Fire Department, Health Department, Temecula Police Department, Eastern Municipal Water District, Rancho California Water District, Riverside County Flood Control, Southern California Edison, Southern California Gas Company, General Telephone \\TEM EC_FS 101 \VOL1 \DEPTS\PLANNING\CEQA\243pa98 new 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 On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect 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 impacts(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 Printed name F:\Depts\PLANNING\CEQA\243pa98 new IES.doc 2 1. Land Use and Planning. Would the project: Issues and Suppor~infl 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? Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Potentially Significant Less Than Significant Unless Mitigation Significant impact Incorporated Impact No Impact Comments: 1.a. The project will not disrupt of divide the physical arrangement of an established community. The project site is vacant and surrounded by vacant land and existing single family homes. The development of this site will be consistent with the surrounding properties. No impacts are anticipated as a result of this project. 1,b. The project will not conflict with applicable General Plan designation, environmental plans or policies adopted by agencies with jurisdiction over the project. The tentative tract map is being developed in compliance with the City's General Plan Land Use designation of LM (Low Medium Density Residential 3-6 du/acre). The proposed General Plan Amendment is a procedural change to remove the subject site from a Specific Plan overlay designation (Figure 2-5) of the General Plan whereas the land use designation remains unchanged. The Zoning Amendment is also a procedural change to amend the existing zoning map for the subject site from Specific Plan Overlay (SP) to Low Medium (LM) Density Residential. The proposed Zoning Amendment is consistent will the underlying Land Use Designation of the General Plan. The subject site was originally anticipated to be included as part of a Specific Plan; however, the site is separated by a General Plan Circulation Element Road and is not a logical connection of the Specific Plan Area to the west. Therefore, the applicant is proposing to develop this area separately in compliance with the existing land use designation and density of 3-6 dwelling units per acre. Impacts from all General Plan land use designations were analyzed in the Environmental Impact Report (EIR) for 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 EIP, will be applied to this project where necessary. 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 policies. The project site has been not been previously graded; however, services are available into the area. Therefore no impacts on adopted environmental plans or policies are anticipated as a result of this project. The proposed project will not conflict with any applicable habitat conservation plan or natural community conservation plan. This site is not within any applicable habitat conservation plan or natural community conservation plan. Therefore, no impacts are anticipated as a result of this project. \\TEMEC_FS101%VOL1 \DEPTS\PLANNING\CEQA\243pa98 new IES.doc 3 2. POPULATION AND HOUSING. Would the project: b= Issues and Supporting Information Sources Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact NO impact Comments: The project will not induce substantial growth in the area either directly or indirectly. The project is consistent with the existing General Plan Land Use Designation. The proposed Zoning Amendment will be consistent with the Land Use Designation of Low Medium (LM) Density Residential. The proposed subdivision will result in the development of new single family homes, which will cause some people to relocate to, or within Temecula. However, due to its limited scale, it will not induce substantial growth beyond what is projected in the City's General Plan. 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 vacant property zoned Low Medium Density Residential. Therefore, the project will not displace existing housing or people necessitating the construction of replacement housing. No impacts are anticipated as a result of this project. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\CEQA\243pa98 new IES.doc 4 3. GEOLOGY AND SOILS. Would the project? Issues and Supporting Information Sources Expose people or structures to potential substantial adverse effects, including the dsk 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. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? Potentially Potentially Segnificant Less Than Significant Unless Mitigation Significant Impact IncorDoratecl Impact No Impact i) iv) Landslides? ,/' b. Result in substantial soil erosion or the loss of topsoil? ./' c. Be located on a geologic unit or soil that is unstable, or d. .f 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? Comments: 3.a.i. There are no known or identified earthquake faults as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map. No significant impacts are anticipated as a result of this project. 3.a.ii, iii, b., and d, There may be a potentially significant impact from seismic ground shaking, ground failure, soil erosion or expansive soils. Although, there are no known fault hazard zones on the property, the project is located in Southern California, an area that is seismically active. Any potential significant impacts will be mitigated through grading and 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 impacts are anticipated as a result of this project. 3.a. iv, c. The City's General Plan does not identify the subject site as being within an area of subsidence, landslides or liquefaction hazards. Therefore, no impacts are anticipated as a result of this project. \\TEM EC_FS 101 \VOL1 \DEPTS\PLANNING\CEQA\243pa98 new IES .doc 5 3.e. Septic sewage disposal systems are not proposed for this project as sewers are available for the disposal of waste water. The project will be required to hook up to the existing public sewer system. Therefore, no impacts are anticipated as a result of this project. 4. HYDROLOGY AND WATER QUALITY. Would the project: j, Issues and Supporting Inforrnation Sources Violate any water quality standards or waste discharge requirements? Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a 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 permits have been granted)? Substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Otherwise substantially degrade water quality? Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Place within a 100-year flood hazard area structures which would impede or redirect flood flows? Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Inundation by seiche, tsunami, or mudflow? Potentially Potentially Significant Less Than Significant Unless Mitigation Significant No Impact Incorporated Impact Impact Comments: 4.a. The project will not violate any water quality standards or waste discharge requirements. The subdivision, and subsequent residential development, 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. \\TEMEC_FS101 \VOL1 \DEPTS\PLANNING\CEQA\243pa98 new IES.doc 6 4.b.,f. 4.c,d. 4.e. 4.j. 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 an affect on 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. Further, construction on the site will not be at depths sufficient to have a significant impact on ground waters or aquifer volume. No impacts are anticipated as a result of this project. The 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 dver, 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. No significant impacts are anticipated as a result of this project. Due to the small scale of the proposed subdivision, and ultimately the future single family residential 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 project will be conditioned to accommodate the drainage created as a result of the subject site. In addition, 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. The project will have no impact on people or property to water related hazards such as flooding because the project site is located outside of the 100 year floodway and the dam inundation area as identified in the City of Temecula General Plan Final Environmental Impact Report. No impacts are anticipated as a result of this project. The project site will not be subject to inundation by sieche, tsunami, or mudflow as these events are not known to happen in this region. No impacts are anticipated as a result of this project. 5. AIR QUALITY. Would the project: Issues and Supporting Information Sources Conflict with or obstruct implementation of the applicable air quality plan? Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors? Expose sensitive receptors to substantial pollutant concentrations? Create objectionable odors affecting a substantial number of people? Potentially Potentially Significant Less Than Significant Unless Mitigation Significant Impact Incorporated Impact No ImDact \%TEMEC_FS101 ~VOL1 \DEPTS\PLANNING\CEQA\243pa98 new IES.doc 7 Comments; 5.a-c. The project will not conflict with applicable air quality plans nor violate air quality or pollution standards. The project proposes to subdivide a 9.75 acres into 38 residentially zoned lots and two open space lots. The subdivision, and future development, are anticipated to be within the number of dwelling units threshold for potentially significant air quality impact established by the South Coast Air Quality Management District of 166 units as depicted in SCAQMD's CEQA Air Quality Handbook (Source 3) page 6-10, Table 6.2. No significant impacts are anticipated as a result of this project. 5.d. There are no known sensitive receptors to pollutant concentrations in the immediate vicinity. The future development of the project for single family homes will create pollutants during the grading and construction phase of the project emanating from fugitive dust and small quantities of construction equipment poilutants. These impacts will be of short duration and are not considered significant. The future residents are not anticipated to generate significant pollutants, but that typical of a residential tract development. Therefore, impacts will be less than significant as a result of this project. 5.e. The project may create objectionable odors during the grading and construction of single family home, however, these impacts are anticipated to be of short duration and will have less than a significant impact. 6. TRANSPORTATION/TRAFFIC. Would the project: b= C= Issues and Supporting Information Sources Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Result in inadequate emergency access? Result in inadequate parking capacity? Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks? Potentially Potentially Significant Less Than Significant Unless Mitigation Significant No Impact Incorporated Impact Impact Comments: 6.a, b. There will be an increase in vehicle trips on adjacent streets once the proposed subdivision is developed. Due to the number of lots the vehicle trip count per, the City's Traffic Engineer and the Institute of Transportation Engineers (ITE) estimates the total vehicle trips per day for approximately 38 single-family residences would be approximately 380 daily trips. The project will be condition to width both Margarita Road and Date Street to the ultimate General Plan road way width to help mitigate the incremental impacts of the subject site. The City's Traffic Engineer indicated that the future single \\TEMEC_FS101 \VOL1 \DEPTS\PLANNING\CEQA\243pa98 new IES,doc 8 6.c 6,d 6.e 6.f 6.g family development will have a less than significant impact to the existing road system due to the additional road widening and the maximum capacity of the existing road system. No further traffic studies were required for this project. The development of tract will be required to contribute traffic signal and public facility development impact fees prior to the issuance of any building permits. Less than significant impacts are anticipated. The project will not result in a change in air traffic patterns, including either an increase ~n traffic levels or a change in location that results in substantial safety risks. The site is not located within the French Valley Airport influenced area pursuant to the French Valley Airport Comprehensive Land Use Plan, December 1996. Therefore no significant impacts are anticipated. The project will not result in hazards to safety from design features. The project is designed to current City standards and does not propose any hazards. No significant impacts are anticipated as a result of this project. The project will not result in inadequate emergency access or inadequate access to nearby uses. The project is designed to current City standards and has adequate emergency access. The project does not interfere with access to nearby uses but will help accommodate emergency access with the widening of Margarita Road. No significant impacts are anticipated as a result of this project. 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 residential use. No significant impacts are anticipated as a result of this project, The proposed project will not conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks). The project was reviewed by Riverside Transit Agency (RTA). RTA concluded that the project is not near existing or planned RTA bus routes and will not impact RTA services at this time. In addition, the project will be conditioned to install Class II bike lanes along Margarita Road and Date Street to encourage alternative transportation. Therefore no impact is anticipated as a result of this project. 7. BIOLOGICAL RESOURCES: Would the project: Issues and Supporting information Sources Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive. or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? Potentially Potentially Significant Less Than Significant Unless Mitigation Significant Impact Incorporated Impact No Impact %%TEM EC_FS 101 \VOL1 \DEPTS\PLANNING\CEQA%243paS8 new IES .doc 9 Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? 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 Iocei, regional, or state habitat conservation plan? Comments: Pursuant to a biological assessment and jurisdictional determination dated June 29, 1999, the subject site will not have a substantial adverse effect either directly or through habitat modifications on candidate, sensitive or special species. The assessment concluded that the proposed project will not have an 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 the US Fish and Wildlife Service. Moreover, the biologicel assessment concluded that there are no federally protected wetlands as defined by Section 404 of the Clean Water Act that will be adversely effected by the proposed project. The site has been historically disturbed by farming, grazing and discing, and there are no sensitive biological resources or significant waters that will be affected by the proposed project. 7. d. The biological assessment of the site dated June 29, 1999 states that the proposed project will not 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. On February 19, 1999, a focused habitat survey for the federally listed endangered Quino chekerspot butterfly (QCB) was conducted in accordance with the Service's 1999 protocol. The survey resulted with no QCB observed on the subject site The subject site does have important raptor foraging habitat due to the high abundance of prey species. However, there were few roosting sites available because of the total lack fo large trees. Because foraging habitat for raptor species is not regionally unique, the loss of this resource would not be significant (biological assessment dated June 29, 1999. The biological survey concludes that the project site provides habitat for several wildlife species, however, none of these are rare or endangered. Therefore, no impacts are anticipated as a result of this project. The project will not result in an impact to locally designated species. Locally designated species are protected in the Old Town Temecula Specific Plan; however, they are not protected elsewhere in the City. Since this project is not located in Old Town, and since there are no locally designated species on site, no impacts are anticipated as a result of this project. 7.f. The project site is located within the Stephen's Kangaroo Rat Habitat Fee Area. Although the biological assessment concludes that the Stephens Kangaroo Rat is not likely to occur onsite, the project will be \\TEMEC_FS101 \VOL1 \DEPTS\PLANNING\CEQA\243pa98 new IES.doc 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, No impacts are anticipated as a result of this project. 8. MINERAL RESOURCES. Would the project: Issues end Supporting Information Sources Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Potentially Potentially Significant Less Than Significant Unless Mitigation Significant impact incorporated Impact No Impact Comments: 8.a,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. No impacts are anticipated as a result of this project. 9. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Issues and Supporting information Sources a. Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? b. Create 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? c. 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? d. 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? e. 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 %\TEMEC_FS 101 \VOL1 \DEPTS\PLANNING\CEQA\243pa98 new IES.doc 11 Potentially Potentially Significant Less Than Significant Unless Mitigation Significant Impact Incorporated Impact No impact working in the project area? For a project within the vicinity of a pdvate airstdp, 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? Comments: 9.a. Because the property and the surrounding area will be used for single family homes and not a commercial or industrial use, this project is not likely to create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials. Residential development and habitation does not typically result in the routine transportation, use or disposal of hazardous materials. Therefore, no impacts are anticipated as a result of this project. 9.b. The ultimate development of this site will be single family homes. As such it is reasonably expected that residents will not will not store or house large quantities of hazardous material that would create 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. No impacts are anticipated as a result of this project. 9.c. The ultimate use of this project site will be single family homes. This site is within approximately one- quarter mile of a proposed school and one-half mile from an existing high school, The operation of construction equipment and machinery during the development of this site will emit some hazardous emissions and or handle some hazardous material. However, these emissions and materials should be of limited quantities over a short duration of time. Moreover, the construction operations or handling of hazardous or acutely hazardous materials, substances or waste, are regulated by the Department of Environmental Health and Occupational Safety and Health Agencies (OSHA). Because the potential use, emission and operations of hazardous material or acutely hazardous materials, substances or waste is minimal, of a short duration, and is regulated by the proper environmental authorities, less than significant impacts are anticipated as a result of this project. 9.d. This project site is not, nor is it located near a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 66962.5 that would it create a significant hazard to the public or the environment. Therefore, no impacts are anticipated as a result of this project. 9.e, f. The project site is not located within an airport land use plan, but is located within approximately two miles of a public or private airstrip. Given the fact that the project is being developed in compliance with the General Plan Land Use Designation, and all impacts were analyzed in the General Plan Environmental Impact Report, no significant impacts upon airport uses will result from this proposal. 9.g. The project will take access from maintained public streets and will therefore not impede emergency response or evacuation plans. No impacts are anticipated as a result of this project. 9.h. This project site in an area surrounded by vacant land existing single family homes; however the subject site is not adjacent to any wildlands. No impacts are anticipated as a result of this project. \\TEMEC_FS101 \VOL1 \DEPTS\PLANNING\CEQA\243pa98 new IES,doc 10. NOISE. Would the project result in: Issues and Supporting Information Sources Exposure of people to severe noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated No Impact Comments: lO.a. This project site is designated for the development of single family homes, The site is currently vacant and development of the land iogicelly 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 residential development. Less than significant impacts are anticipated as a result of this project. lO.b. This project site is designated for the development of single family homes. There will be no activities on this site that would exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels. No impacts are anticipated. 10.c. The project will ultimately result in the development of 38 single family homes and two open space lots which will create some noise levels over that currently emanating from the vacant land. However, those noises will not be substantial nor permanent and are not anticipated to create a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. Therefore, only less than significant impacts are anticipated as a result of this project. lO.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. lO.e.f. The project site is not located within an airport land use plan, but is located within approximately two miles of a public or private airstrip. Given the fact that the project is being developed in compliance \\TEMEC_FS101\VOLl\DEPTS\PLANNING\CEQA\243pa98 new IES,doc with the General Plan Land Use Designation, and all impacts were analyzed in the General Plan Environmental Impact Report, no significant impacts upon airport uses will result from this proposal. 11. PUBLIC SERVICES: Would the proposal have an effect upon, or result in a need for new or altered Government services in any of the following areas: Issues and Supporting Information Sources 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? Potentially Potentially Significant Less Than Significant Unless Mitigation Significant NO Impact Incorporated Impact Impact 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 such as parks, schools, police and fire protection. Hever, the project will contribute its fair share through the City's Development Impact Fees 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. \\TEMEC_FS101 \VOL1 \DEPTS\PLANNING\CEQA\243pa98 new IES.doc 14 12. UTILITIES AND SERVICE SYSTEMS: Would the project: Potentially Potentially Significant Less Than Significant Unless Mitigation Significant Impact Incorporated Impact Issues and Supporting Information Sources Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c. 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? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e. 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? No Impact Comments: 12.a., b. and e. The project will not exceed wastewater treatment requirements, require the construction of new treatment facilities, nor affect the capacity of treatment providers. The project will have an incremental effect upon existing systems. However, the Final Environmental Impact Report (FEIR) for the City's General Plan states: "implementation of the proposed General Plan would not significantly impact wastewater services." Since the project is consistent with the City's General Plan, no significant impacts are anticipated as a result of this project. 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. No significant impacts are anticipated. 12.c. The project will not result in the need for new storm water drainage facilities. The development of the tract will require or result in the construction of new storm water drainage facilities on site that will connect to the existing system currently in place located within Margarita Road at the southwest corner of the site. The design of the existing system is sufficient to handle this project and will not require the expansion of existing facilities, the construction of which could cause significant environmental effects. Drainage fees are required by the Riverside County Flood Control and Water Conservation District to reimburse the county 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 \\TEMEC_FS101%VOL1 \DEPTS\PLANNING\CEQA\243pa98 new IES.doc 12.f,g. 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. The project will not result in a need for new landfill capacity. Any potential impacts from solid waste created by this development can be mitigated through participation in Source Reduction and Recycling Programs, which are implemented by the City. Less than a significant impact is anticipated as a result of this project. 13. AESTHETICS. Would the project: Issues and Supporting Information Sources Have a substantial adverse effect on a scenic vista? Potentially Potentially Significant Unless Less Than Significant Mitigation Significant NO 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. The project will not affect a scenic vista or scenic highway. The project is not located in an area where there is a scenic vista. The City does not have any designated scenic highways. No impacts are anticipated as a result of this project. 13.b-c. The project site has no unique physical attributes, therefore the future development will not substantially degrade any scenic resources, or alter the visual character. When the residential structures are built, the design of the homes will be reviewed by the Planning Department to ensure compatibility with the surrounding area and a high quality architectural design. Therefore, no impacts are anticipated as a result of this project. 13.d. The project will have a potentially significant impact from light and glare. The project will produce and result in light and glare with the installation of new light sources. All light and glare has the potential to impact the Mount Palomar Observatory. The future development of the project site will be conditioned to comply with Ordinance No. 655 Ordinance Regulating Light Pollution. After mitigation is performed, less than significant impacts are anticipated as a result of this project. \\TEMEC_FS101\VOLl\DEPTS\PLANNING\CEQA\243pa98 new IES,doc 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? Potentially Sign;tic, ant Significant Impact No Impact Comments: 14 a. thru d. The site is not located in an area that has high archaelogical sensitivity pursuant to the General Plan (Source 1, Figure, 5-6). Figure 5-7 of the General Plan indicates that the subject site is located within an area of potential paleontological sensitivity. The Eastern Information Center of the University of California at Riverside (UCR) has reviewed the project and has determined that a Phase I cultural resource study identified no cultural resources. UCR recommends that if, during construction, cultural resources are encountered, work should be halted or diverted in the immediate area while a qualified archaeologist evaluated the finds and makes recommendations, Therefore, with appropriate mitigation measures placed on the project and review of UCR, a less than significant impact is anticipated as a result of this project. 15. RECREATION. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant Impact Incorporated Impact 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? b, 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? No Impad Comments: 15.a,b. The project will have an impact on the demand for neighborhood or regional parks or other recreational facilities, or affect existing recreational opportunities. However, the project will be conditioned to pay in- lieu (Quimby) fees, which will be used for park land acquisition of future park land and/or improvements of existing parks. No impacts are anticipated as a result of this project. \\TEMEC_FS101\VOLl\DEPTS\PLANNING\CEQA\243pa98 new IES.doc 17 16. Agricultural Resources. Would the project: Issues and Suppo~ng Infomqation Sources Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Pregrem of the California Resources Agency, to non-agricultural use? Conflict with the existing zoning for agricultural use, or a Williamson Act contract? Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farm land, to non-agricultural use? Potentially Potentiafiy Significant Unless Less Than Signiticant Mitigation Significant No Impac~ Incoq3orated Impact Impact Comments: 16a,c. The project site is not currently in agricultural production and is not considered prime or unique of Farmland of statewide importance pursuant the Farmland Mapping and Monitoring Program of the California Resources Agency. Figure 5-4 of the General Plan indicates that the subject site is farmland of local importance; however, the site is zoned Low Medium Density Residential with existing development or planned development around the entire site. Moreover, the site is not currently in agricultural production. The subject site is not considered valuable farmland or the conversion of farmland to non-agricultural use. There are no impacts related to this issue. 16b. The project site does not have an agricultural zoning designation by the City of Temecula (Source 1, Figure 5-5), and the site is not regulated by a Williamson Act contract. As a consequence there are no impacts related to this issue. 17. MANDATORY FINDINGS OF SIGNIFICANCE. \\TEMEC_FS101 \VOL1 \DEPTS\PLANNING\CEQA\243pa98 new IES.doc Issues and Supporting Information Sources Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects? Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? PotentiBlly Significant Impact Significant Unless Mitigation ~ncorporated Less Than Significant impact No Impact Comments: 17.a. This site has not been previously graded and is completely surrounded by residential development and does not contain any viable habitat for fish or wildlife species. This is an in-fill development and it 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 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. Therefore less than significant impacts are anticipated as a result of this project. 17.b. The cumulative effects from the project are not considered significant because the subject site is being development in conformance with the City of Temecula's General Plan and Development Code. All cumulative effects for the residential land use 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 General Plan and Development Code, the cumulative impact related to the development of the 38 residential lots will not have a significant impact, 17.c. The tract map and the future development of single family homes will not have environmental effects that would cause substantial adverse effects on human beings, directly or indirectly. The subdivision is designed and will be developed consistent with the Development Code and General Plan. No significant impacts are anticipated as a result of this project. 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a. ~ Earlier analyses used. Identify earlier analyses and state where they are available for review. \\TEMEC+FS101 \VOL1 \DEPTS\PLANNING\CEQA\243pa98 new IES,doc 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. 18.a. No earlier analyses specifically related to this project site were used. The City's General Plan and Final Environment Impact Report were used as a referenced source in preparing this Initial Study 18.b. There were no earlier impacts which affected this project. 18.c. The mitigation measures are addressed in the Mitigation Monitoring Program which is attached. SOURCES (Available in the Temecula Planning Department) City of Temecula General Plan. City of Temecula General Plan Final Environmental Impact Report. South Coast Air Qualify Management District CEQA Air Qualify Handbook. \\TEMEC_FS101 \VOL1 \DEPTS\PLANNING\CEQA\243pa98 new IES.doc 20 ATTACHMENT NO. 6 MITIGATION MONITORING PROGRAM F:\DeptSXpLANNING\STAFFRPT\243pa99.PC.doc 45 Mitigation Monitoring Program Planning Application No. PA99-0243 (Tentative Parcel Map No. 29286; Planning Application No. PA99-0244 (General Plan Amendment) and Planning Application No. PA99-0245 (Zone Change) GeoloGic Problems General Impact: Mitigation Measure: Specific Process: 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, Mitigation Milestone: Prior to the issuance of grading and building permits. Responsible Monitoring Party:Department of Public Works and Building and Safety Department. General Impact: Mitigation Measure: Specific Process: 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. Mitigation Milestone: Prior to the issuance of grading and building permits. Responsible Monitoring Party:Department of Public Works and Building and Safety Department. General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: 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. Responsible Monitoring Party:Building and Safety Department. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\CEQA~243pa98 M.M. Pgm,,doc 1 Wa~r General Impact: The project will violate water quality or waste discharge requirements Mitigation Measure: 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. Specific Process: The applicant shall submit a SWPPP to the San Diego Regional Water Quality Control Board (SDRWQCB) for their review and approval, Mitigation Milestone: Prior to the issuance of a grading permit. Responsible Monitoring Party:Department of Public Works and SDRWQCB (for SWPPP). General Impact: The project will substantially alter the existing drainage pattern of the site Mitigation Measure: 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. Specific Process: The applicant shall submit a SWPPP to the San Diego Regional Water Quality Control Board (SDRWQCB) for their review and approval, Mitigation Milestone: Prior to the issuance of a grading permit, Responsible Monitoring Party:Department of Public Works and SDRWQCB (for SWPPP). TransDortationlCirculation General Impact: Mitigation Measure: Specific Process: 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 Temecula Municipal Code. Mitigation Milestone: Prior to the issuance of building permits. Responsible Monitoring Party:Building and Safety Department. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\CEQA~243pa98 M.M. Pgm..doc 2 General Impact: Increase in vehicle trips or traffic congestion. Mitigation Measure: Payment of Development Impact Fee for traffic signal mitigation, Specific Process: Payment of the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code. Mitigation Milestone: Prior to the issuance of building permit. Responsible Monitoring Party:Building and Safety Department. Biological Resources General Impact: Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds). Mitigation Measure: Pay Mitigation Fee for impacts to Stephens Kangaroo Rat, Specific Process: Pay $250. per unit of disturbed area of Stephens Kangaroo Rat habitat, Mitigation Milestone: Prior to the issuance of a grading permit. Responsible Monitoring Party:Department of Public Works and Planning Department. General Impact: 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. Mitigation Measure: Comply with the conditions of approval and mitigation measure for the 1603 permit (Notification No. 6-027-99) issued by the California Department of Fish and Game on March 11, 1999. Specific Process: Submit evidence of compliance with the approved conceptual implementation plan per the approved 1603 permit with the mitigation ratio of 3 to 1. Mitigation Milestone: Create mitigation monitoring area for five (5) years for successful restoration area (timing established by the California Department of Fish and Game 1603 permit). Responsible Monitoring Party:Department of Public Works and Planning Department. \\TEMEC_FS101\VOL1\DEPTS\PLANNING\CEQA~43pa98 M,M. Pgm..doc 3 General Impact: Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means Mitigation Measure: Comply with the conditions of approval for the 404 permit (Permit No. 980032500-SDM) issued by the U.S. Fish and Wildlife on June 30, 1999. Specific Process: Submit evidence of compliance with the approved conceptual implementation plan per the approved 1603 permit as the 404 permit does not require an implementation plan with the mitigation ratio of 3 to 1. Mitigation Milestone: Create mitigation monitoring area for five (5) years for successful restoration area (timing established by the California Department of Fish and Game 1603 permit). Responsible Monitoring Party:Department of Public Works and Planning Department. Noise General Impact: Expose people to a substantial temporary or periodic increase in ambient noise levels. Mitigation Measure: Construction activity shall comply with City ordinances regulating the hours of activity in residential areas. Specific Process: City inspectors shall periodically monitor the construction site to ensure compliance. Mitigation Milestone: During active construction of the site. Responsible Monitoring Party:Building & Safety Department and Department of Public Works. Public Services General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: 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. Responsible Monitoring Party:Building & Safety Department and Temecula Valley Unified School District. \\TEMEC_FS101\VOL1~DEPTS\PLANNING\CEQA~43pa98 M.M. Pgm..doc 4 General Impact: A substantial effect upon and a need for maintenance of public facilities, including roads. Mitigation Measure: Payment of Development Impact Fee for road improvements, traffic impacts, and public facilities. Specific Process: Payment of the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code. Mitigation Milestone: Prior to the issuance of building permits. Responsible Monitoring Party:Building and Safety Department. Aesthetics General Impact: The creation of new light sources will result in increased light and glare that could affect the Palomar Observatory. Mitigation Measure: Use lighting techniques that are consistent with Ordinance No. 655. Specific Process: Submit lighting plan to the Building and Safety Department for approval. Mitigation Milestone: Prior to the issuance of a building permit. Responsible Monitoring Party:Building & Safety Department. Cultural Resources General Impact: Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. Mitigation Measure: The project was reviewed by the Eastern Information Center of the University of California at Riverside (UCR) and determined that a Phase I cultural resource study identified no cultural resources. UCR recommends that if, during construction, cultural resources are encountered, work should be halted or diverted in the immediate area while a qualified archaeologist evaluated the finds and makes recommendations. Specific Process: Place a condition on this project that grading will cease if cultural resources are encountered during grading per UCR's recommendation. Mitigation Milestone: During the grading process. Responsible Monitoring Party:Public Works Department. \\TEMEC_FS101WOL1\DEPTS\PLANNING\CEQA~43pa98 M.M. Pgm..doc 5 ITEM #7 RECOMMENDATION: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION December 8, 1999 Planning Application No. PA99-0451 (General Plan Amendment) Prepared By: David Hogan, Senior Planner The Planning Department Staff recommends the Planning Commission: 1. APPROVE a Negative Declaration for Planning Application PA99-0451; and, 2. ADOPT Resolution No. 99- recommending approval of Planning Application No. PA99-0451 based upon the Analysis and Findings contained in the Staff Report. APPLICATION INFORMATION APPLICANT: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: City of Temecula GENERAL PLAN DESIGNATIONS: To amend the General Plan Land Use Map to change the Land Use Designation for a Portion of the Rancho Highlands Specific Plan from Open Space to Highway Toudst Commercial. Between Rancho Highlands Ddve and Interstate 15 (also identified as Assessors Parcel Number 944-330-019) Specific Plan (SP-2) North: Specific Plan East: Specific Plan South: Specific Plan West: Specific Plan Open Space EXISTING LAND USE: Vacant SURROUNDING LAND USE: North: East: South: West: PROJECT AREA 1.4 acres Highway Tourist Commercial Vacant Vacant Interstate 15 \\TEMEC_FS101 \VOL1 ~DeptS~PLANNING~STAFFRPTu,-,51PA99 - pC.doc 1 BACKGROUND This item was initially presented to the Planning Commission at their August 18, 1999 meeting. At that time, the Commission continued this General Plan Amendment off calendar to provide staff an opportunity to gather additional information. The purpose of this amendment is to correct a mapping discontinuity between the Rancho Highlands Specific Plan and the General Plan Land Use Map. The General Plan Amendment, if approved, would change the designation on 1,4 acres of property from Open Spaca to Highway Tourist Commercial. Based upon stars review of the Specific Plan, staff believes that the area in question was intended to be open space when the Specific Plan was adopted in 1988. Staff believes that the site had originally been envisioned to contain manufactured landscaped slopes. These slopes were supposed to provide a transition area between two adjacent Planning Areas. Much of the need for a transition area was eliminated when the site was graded and used as a borrow site in the eady 1990s. To further assist the Commission in their deliberations, staff has re-reviewed vadous sections of the Specific Plan and assembled the following information about this area and the "open space" areas within the Rancho Highlands Specific Plan. Section III.A.2.d on page 16: The Open Space/Recreation discussion states that the 1988 amendments to the Specific Plan would reduce the amount of open space/major slopes within the project from 60.6 to 34.3 acres. The change represented a shift from away from non-usable slope areas toward more active recreation sites. The odginal Specific Plan had no park or recreation facilities shown on the plan. The need to amend the Specific Plan had occurred when the exact location of the Wildomar Fault was identified. Its discovery made a portion of the Rancho Highlands Specific Plan undevelopable. The key fact here is that major slope areas were considered to be open space within the Plan. The definition of open space used in the Specific Plan is very different from the definition commonly in use by the City of Temecula. The City Planning Department does not consider manufactured slopes to be open space sinca none of the underlying plant and animal resources remain after the grading and landscaping processes are completed. Section III.A.7 Open Space and Recreation Plan on pages 26 through 28: The open space issues are discussed in more detail in Section 7. This section states that the Open Space and Recreation Plan includes natural open space, two lakes, and recreation centers (paragraph I on page 26). There is another reference to open space in Paragraph 3 that talks about the acreage of "open space/major slopes" within the project. Most of the rest of this section discusses the proposed recreation facilities. Figure 12 shows all the "Natural Open Space/Manufactured Slope" areas within the project. The area of the proposed General Plan Land Use Map change is shown on Figure 12 as a Natural Open Space/Manufactured Slope. Figure 13: The conceptual Grading Plan for the Rancho Highlands Specific Plan also provides information about future open space areas within the Plan. Spedfically, the legend for the conceptual grading exhibit contains a listing for "Natural Open Space". When the exhibit is examined, no natural open space areas are actually shown on this Plan. Because natural open space is shown on the legend and not identified on the conceptual grading exhibit, staff believes that the open space areas in the odginal Spedtic Plan were eliminated when the Specific Plan was amended in 1988. The original Rancho Highlands Specific Plan did contain some natural open space areas. \\TEMEC_FS 101 \VOL1%Depts~PLANNING~STAFFRPl'V151 PA99 - PC .doc 2 Finally, Figure 6. the Land Use Plan, has been prepared in a "bubble' style and is int~c~ to show only the general development area for each particular Planning Area. As a result, staff believes that the "open space" area in question, was intended to depict a transition area between Planning Area 2 (commercial) and Planning Area 6 (high density residential/commercial). This interpretation is further supported by Riverside County's approval of Tentative Parcel Map 23624 in 1989. At that time, a single parcel representing Planning Area 2, was subdivided into three commercial sites. None of the three parcels contained an identification that an undevelopable open space lot was being created. The other two lots of Parcel Map 23624 already contain Highway Tourist oriented commercial uses. In conclusion, staff believes that the open space areas within the Rancho Highland Specific Plan were never intended to be open space as we currently understand it. The information in the Specific Plan, when taken as a whole, indicates that these areas were originally intended to represent landscaped transitional areas between the different land use planning areas. As a result, staff recommends that the Planning Commission approve the proposed clean-up amendment to the General Plan. A copy of these vadous pages from the Rancho Highlands Specific Plan are in Attachment No. 3, ENVIRONMENTAL DETERMINATION An Initial Environmental Study was prepared for this project to determine if the proposed changes would result in any environmental impacts or any impacts beyond those identified in the Final Environmental Impact Report for the City General Plan. The Initial Study indicated that overall, the proposed General Plan Amendments would not result in impacts beyond those originally anticipated for the City General Plan. As a result, these potential increases are not considered significant and staff recommends that a Negative Declaration be adopted. FINDINGS To recommend approval of the General Plan Amendment, the Planning Commission must make the following findings: 1. The amendment is compatible with the health, safety and welfare of the community. 2. The amendment is compatible with existing and surrounding uses. The amendment will not have an adverse effect on the community and are consistent with the goals and policies of the adopted General Plan. Attachments: PC Resolution No. 99- - Blue Page 4 Exhibit A - Resolution No. 99- - Blue Page 7 Initial Environmental Study - Blue Page 11 Selected pages from the Rancho Highlands Specific Plan - Blue Page 12 Exhibits - Blue Page 13 A. Location Map B Existing General Plan Map F:~)epts%PLANNING~STAFFRpT~451PA99 ~ PC.d~c 3 ATTACHMENT NO. 1 PC RESOLUTION NO. 99- \~TEMEC_FS101\VOL1'~Depts',PLANNING~STAFFRPT~51PA99- PC,doc 4 ATTACHMENT NO. I PC RESOLUTION NO. 99-__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP FOR A LOCATION ON RANCHO HIGHLANDS DRIVE IDENTIFIED AS ASSESSOR'S PARCEL NO. 944-330-019 (PLANNING APPLICATION NO. PA99- 0451 )" WHEREAS, the City of Temecula initiated Planning Application No. PA99-0451, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA99-0451 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 Libran], Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; WHEREAS, the Planning Commission considered Planning Application No. PA99-0451 on December 8, 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; and WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of Planning Application No. PA99-0451; 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. Findincls. The Planning Commission, in recommending approval of this General Plan Amendment, make the following findings: A. The amendment is compatible with the health, safety and welfare of the community. B. The amendment is compatible with existing and surrounding uses. C, The amendment 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 Coml~liance. An Initial Environmental Study was prepared forthis 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 the proposed General Plan Amendment would not result in impacts beyond those originally anticipated for the City General Plan. As a result, the Planning Commission recommends that the City Council make a determination that the potential impacts of this change were adequately addressed by the Final Environmental Impact Report for the City General Plan and ~TEMEC_FS101~VOLI~Depts~PLANNING~STAFFRPT~51PA99 - PC.~C 5 that no further environmental analysis is required. Section 4. The City of Temecula Planning Commission hereby recommends approval of Planning Application No. PA99-0451 (General Plan Amendment) and recommends that the City Council do the following approve a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP FOR A LOCATION ON RANCHO HIGHLANDS DRIVE IDENTIFIED AS ASSESSOR'S PARCEL NO. 944- 330-019 (PLANNING APPLICATION NO. PA99-0451)' substantially in the form that is attached as Exhibit A. Section 5. PASSED, APPROVED AND ADOPTED this day of 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 8 day of December, 1999 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske. Secretary \\TEMEC_FS101~VOL1%Depts~PLANNING~STAFFRpT~451pA99 - PC,doc 6 EXHIBIT A DRAFT RESOLUTION NO. 99-.__ \\TEMEC_FS101\VOL1%DeptS*~PLANNING~STAFFRP'rV151PAg9 - PC.dGc 7 EXHIBIT A RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP FOR A LOCATION ON RANCHO HIGHLANDS DRIVE IDENTIFIED AS ASSESSOR'S PARCEL NO. 944-330-019 (PLANNING APPLICATION NO. PA99-0451) WHEREAS, the City of Temecula initiated Planning Application No. PA99-0451, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA99-0451 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. PA99-0451 on December 8, 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, PA99-0451; WHEREAS, the City Council conducted a public hearing pertaining to Planning Application No, PA99-0451 on December 14, 1999, at which time interested persons had opportunity to, and did testify either in support or opposition to Planning Application No. PA99-0451; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Repod regarding Planning Application No. PA99-0451; 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. Findin,qs The City Council, in approving Planning Application No. PA99-0451 (General Plan Amendment) hereby makes the following findings: A. This amendment is compatible with the health, safety and welfare of the community. B. This amendment is compatible with existing and surrounding uses. This amendment will not have an adverse effect on the community end are consistent with the goals and policies of the adopted General Plan. \\TEMEC_FSI01\VOLl~Depts~oLANNING%STAFFRpT~451pA99, pC,G~oc 8 Section 3. Amendments To The General Plan Land Use Mal~ The City Council hereby amends the General Plan Land Use Map for the parcels identified as APN 944-330-0219; change the Land Use Designation from Open Space to Highway Tourist Commercial. Section 4. Environmental Compliance. An Initial Environmental Study was prepared forthis 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 Amendment will not result in impacts beyond those odginalty anticipated for the City General Plan. As a result, the City Council determines that the potential impacts of this change was 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 pads of this Resolution. Section 6. The City Clerk shall cedify the adoption of this Resolution. Section 7. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 14th day of December, 1999. ATTEST: Mayor Susan W. Jones, CMC/AAE CityClerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE) ss CITY OF TEMECULA I, Susan W. Jones, City Clerk of the City of Temecula, do hereby cedify that the foregoing Resolution No. 97-__ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the day of ,199 by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: \\TEMEC_FS101 ~VOL1 ~DeptI%PLANNING~STAFFRP'D451PAg9 - PC .doc 9 Susan W. Jones, CMC/AAE City Clerk \~TEMEC_FS101~VOL1~:)eptI~PLANNING~STAFFRPT%451PA99 * PC.doc 10 ATTACHMENT NO. 2 INITIAL STUDY \\TEMEC_FS101\VOL1%Depts~PLANNING~STAFFRP'l~451 PA99 - PC.doc 11 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Planning Application PA99-0451 - Rancho Highlands Drive General Plan Land Use Map Amendment Lead Agency Name and Address Contact Person and Phone Number City of Temecuta P.O. Box 9033 Temecula, CA 92589-9033 David Hogan, Senior Planner (909) 694-6400 Project Location West of Rancho Highlands Ddve, immediately east of Interstate 15 in the City of Temecula. Project Sponsor's Name and Address General Plan Designation City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Open Space Zoning Specific Plan (SP-2) Description of Project Surrounding Land Uses and Setting Other public agencies whose approval is required Amend the General Plan Land Use Map for a portion of the Rancho Highlands Specific Plan from Open Space to Highway Toudst Commercial to correct a mapping efor from the eadier adoption of the General Plan. The underlying Specific Plan land use and site development requirements are not being changed by this amendment. Any future development of the site will comply with the appropriate development and environmental review requirements. The site is located in the Rancho Highlands Specific Plan in an area identified for urban scale development The current adjacent land uses are as follows: North: Commercial (the Embassy Suites Hotel) East: Vacant South: Vacant West: Interstate 15 None. F:~DeptI%PLANNING%CEQAVI51PA99 IES,doC 1 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 Mandatonj 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 attact~ed 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 eaf,,;er EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that eadier 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 F:~eptSIPLANNINGXCEQA%451PA99 IES.doc 2 1, Land Use and Planning. Would the project: a. Physically divide an established community?(3) b. Conflict with applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (incJuding, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the pugpose of avoiding or mitigation an environmental effect? (1) c. Conflict with any applicable habitat conservation plan or natural community conservation plan? (2) Comments: The proposal is intended to correct a mapping error that occurred dudng the original General Plan process. The site was inadvertently designated as open space when it was pert of Planning Area No. 2. The Open Spaca on the General Plan was, in Rancho Highlands Specific Plan, manufactured and landscaped slopes that ware intended to represent a transition area between future commercial and residential areas. The Rancho Highlands Specific Plan did not identify any environmental resources that would be protected. The project will not conflict with the applicable environmental plans or policies adopted by the agencies with jurisdiction over the project. The project will not divide an established community. The site is located in a commercial area between Rancho Highlands Ddve and Interstate 15. There is no established community on or near the site to be divided by this proposal. There are also no habitat conservation or natural community conservation plans applicable to the site. Therefore, no significant impacts will result from the proposed project. POPULATION AND HOUSING. Would the project: 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)? Dispiaca substantial numbers of existing housing, necassiteting the construction of replacement housing elsewhere? (3) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (3) Irafact Comments: The project will not induce new population growth within the area and will not displace existing residential structures or area residents. The project is the correction of a mapping error for a commercial zone w~in an approved specific plan. As a result no displacement impacts are associated with this proposal. F:%Dep~PLANN|NG~CEQA%451 PA99 IES.doc 3 3. GEOLOGY AND SOILS. Wo,uld the project? ii) iii) iv) b. c~ Expose people or structures to potential substantial adverse effects, including the dsk of loss, injury, or death involving: (1,2,3) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Pdolo 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 end 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, laterel spreading, subsidence, liquefaction or collapse? (3) Be located on expansive soil, as defined in Table 1801-B of the Uniform Building Cede (1994), creating substantial dsks to life or property? Have soil incapable of adequately supporting the use of septic tanks or altemative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: The project is a General Plan Land Use Map correction and will not expose people or structures to potential substantial adverse effects. Any specific development proposals will receive the appropriate environmental review when the detailed project is ready for consideration. The General Plan identifes significant seismic h-:'-rds near the project area. The General Plan EIR also identifies numerous mitigation measuras that will be applied when development occurs. These measures have the ability to reduce the impacts from various saismic-related h~:'~rds. The project (a General Plan Land Usa Map correction) has no potential for soil subsidence and slope instability. In addition, no onsita waste disposal is being proposed. As a result, no significant effects are antidpated as a result of this project f be HYDROLOGY AND WATER QUALITY. Would the project: Violate any water quality standards or waste discharge requirements? Substantially deplete groundwater supplies or interfere substantially ~ groundwater recharge such that there would be a net defttit in aquifer volume or a Iowedng of the local groundwater table level (e.g., the production rate of pre-exjsting neart>y wells would drop to a level which would not support existing land uses or planned uses for ,/ F:%Depts%PLANNINGICEQA%4S1PA99 IES.doc 4 which permits have bean granted)? (2) Substantially altar the existing drainage pattem of the site or area, including through the alteration of the course of a stream or dyer, in a manner which would result in substantial erosion or siltation on- or off-site? (3) 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 rata or amount of surface runoff in a manner which would result in flooding on- or off-site? (3) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Otherwise substantially degrade water quality? Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (4) Place within a 100-year flood hazard area structures which would impede or rediract flood flows? (4) Expose people or structures to a significant dsk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (4) Inundation by seiche, tsunami, or mudflow? (2,4) Comments: The proposed amendment will not alter or impact physicel areas where flood hazards have been identrmd within the Citys boundaries and will not effect water quantity or quality. As a result, no significant impact have been identified. a. AIR QUALITY. Where available, the significance criteda established by the applicable quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Conflict with or obstruct implementation of the applicable air quality plan? (1,2) 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? (2) F:'OepII%PLANNING~3EQA~451PA99 IES.do¢ 5 Comments: 5. The proposed amendment, a mapping error correction to the General Plan Land Use Map, will not alter or effect air quality. As a rasult,'no significant impacts have been identified. 6. TRANSPORTATION/TRAFFIC. Would the project: Cause an increase in traffic which is substantial in relation to the existing traffic load and capadty 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? (2) b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c. Result in a change in air traffic pattams, including either ,/ an increase in traffic levels or a change in location that results in substantial safety dsks? d. Substantially increase hazards due to a design feature ,/ (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? ,,/ f. Result in inadequate parking capacity? g. Conflict with adopted potides, plans, or programs ,/' supporting altemative transportation (e.g., bus turnouts, bicycle racket (1) Co1111Tlents: Any potential impacts assodated with this project have been addressed through the EIR for the dtywide General Plan that evaluated the cumulative traffic impacts of all development in the City. In addi6on, the EIR for the Rancho Highlands Spedtic Plan also discussed the impacts of the entire Spaclf',c Plan area (including this site). As a result, no significant impacts are antidpated as a result of this project. 7. BIOLOGICAL RESOURCES: Would the project: ,----=. e..~.~. ~....~ ~ 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, potides, or regulations, or by the Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? (2) Have a substantial adverse effect on any dpadan habitat or other sensitive natural community identified in local or regional plans, polides, and regulations or by the Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? (2) F:~Dopt~PLANNING~CEQA~451PA99 IES.~oc 6 Have · substantial adverse effect of tederally protected wetlands as defined by Section 404 of the Clean Wafer Act (inoluding, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, firing, hydrological interruption, or other means? Intadere substantially with the movement of any native resident or migratory fish or wildlife spedes or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (2,3) Conflict with any local polldes 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? Comments: 7 The site has already been graded and disturbed and contains no identifiable biologic resources. Pdor to the approval of any detailed development proposal, the potential impacts to on site biologic resources will be evaluated. As a result, no impacts are antidpated as a result of this project. 8. MINERAL RESOURCES. Would the project: '----j ~,~ j, __ _-.~.fm ~.ex,,v,~ so.,.. 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? (1,2) Result in the loss of availability of a locally-important minerel resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: The project is a General Plan Land Use Map correction and will not impact mineral resources. In addition, no minerel resources have been identjfied on the site. As a result, no impacts are antidpated as a result of this project. 9. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Create a signffimm hn?=rd to ~e public or ~e envimm~t ~mgh ~e m~ne ~ans~on, use, or disposal of ha~ffious materials? Cmta a signffi~m ~ffi to ~e public or ~e environment ~mugh reasonably foreseeable upset and a~dent ~ndi~ons involving ~e release of ha~rdous materials into ~e envimnmen~ F:%Depts%PLANNING%CEQA%451 PA99 IES,doc 7 Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely h-?frdous matedaiS, 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 hn?nrdOus materials sites compiled pursuant to Government Code Section 65962.5 end, as a result, would it create a significant hazard to the public or the environment? For a project located within an airport lend use plan or, where such a plen has not been adopted, within two miles or 8 public airport or public use airport. would the project result in a safety hazard for people residing or working in the project area? (1) e. NA f. For a project within the vidnity of a pdvate airstrip, would NA the project result in a safety hazard for people residing or working in the project area?(1) g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h. Expose people or structures to a significant dsk or loss, injury or death involving wildland rites, including where wildlands are adjacent to urpenized areas or where residences are intermixed with wildlands? COITlLqlentS: 9.a-d. The proposed amendment, a mapping error correction to the General Plan Land Use Map will not create a public h-~rd or result in a the discharge of hazardous matedal. The project is not located in a location that would block or interfere with an emergency response plen. As a result, no significant impacts have 9. e,f The project is not located within the Airport Influence Area of the French Valley Airport, the dosest airport to the project site. Therefore, no significant impacts are possible. 9.g,h The site is also not expected to be affected by wildland fires. The site is located in an urban area, and Interstate 15 is between this site end the dosest wiidland fire area. As a result, no significant impacts have bean identified. 10. NOISE. Would the project result in: ,---- ..d '" __ _-.~-~.. S~ S.,,m 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 agendes? (1,2) Exposure of parsons to or generation of excessive groundborne vibration or groundborne noise levels? (1,2) A substantial permanent increase in ambient noise levels in the project vidnity above levels existing without the project? (1,2) F:%Depts%PLANN ING~CEQA%451 PA99 IES.doc 8 A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (1,2) For a project located within an airport land use plan or, where such a plan has not ben 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 pdvata airstrip, would the project expose people residing or working in the project area to excessive noise levels? NA NA Commefite: 10. The project, a General Plan Land Use Map mapping error will not result in any noise impacts. Any future development on the site will consider these factors pdor to any approval. The project is not located within the Airport Influence Area of the French Valley Airport, the dosest airport to the project site. As a result, no significant 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: Would the project result in substantial adverse physicel impacts associates with the provisions of new or physically altered govemmental 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? (1,2) Fire protection? Police protection? Schools? Parks? Other public fadlities? ~ Im~t~oraed ~ Comments: 11¸ The project, a General Plan Land Use Map mapping error will not result in any impacts to public services. Any future development on the site will consider these factors prior to any approval. As a result, no impacts have been identified. 12. UTIUTIES AND SERVICE SYSTEMS: Would the project: 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 fadlities, the consmjction of which could cause significant F:'~DepII~LANNING~CEQA~,451pA99 IES.doc II~lltdjaliy environmental effects? Require or result in the construction of new storm water drainage facilities or expansion of existing radiities, the constmction of which could cause significant environmental effects? Have sufficient water supplies available to serve the project from existing entitlements and resources, or am new or expanded entitlements needed? Result in a determination by the wastewater treatment provider which serves or may serve fie project that it has adequate capacity to serve the project's projected demand in addition to the pmvider's existing commitments? Be served by a landfill with suffident permitted capacity to accommodate the project's solid waste disposal needs? Comply with federal, state, and local statutes and regulations related to solid waste? Comments: 12. The project, a General Plan Land Use Map mapping error will not result in any impacts to public services. Any future development on the site will consider these factors pdor to any approval. As a result, no impacts have been identified. 13. AESTHETICS. Would the project: a. . Have a substantial adverse effect on a scenic vista? b. ! Substantially damage scenic resources, including, but not limited to, trees. rock outcropping, and histodc building within a state scenic highway? c. Substantially degrade the existing visual character or quality of the site and its surroundings? d. Create a new source of substantial light or glare which would adversely affec~ day or nighttime views in the area? Comments: 13. The project, a General Plan Land Use Map mapping error will not result in any direct aesthetic impacts. Any future development will r:.cd to comply with fie Development Code and Design Guidelines net require site landscaping and higher quality architectural design. Any future development on the site will consider these factors pdor to any approval. As a result, no impacts have been identified. 14. CULTURAL RESOURCES. Would the project: i Cause a substantial adverse change in the significance of a historical resource as defined in Section 1506.57 F:%Depa%PLANNING~CEQA',451 PA99 IES.doc t0 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? Disturb any human remains, including those interred outside of formal cemetades? Comments: 14. The project, a General Plan Land Use Map mapping error will not result in any impacts to cultural resources. Any future development on the site will consider these factors pdor to any approval. As a result, no impacts have bean identified. 15. RECREATION. Would the project: a. 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? b. Does the project include recreational fadlities or require the construction or expansion of recreational fadlities which might have an adverse physical effect on the environment? Comments: 15. The project, a General Plan Land Use Map mapping error will not result in any impacts to recreational radiities. Any future development on the site will consider these factors pdor to any approval. As a remit, no impacts have been identified. 16. MANDATORY FINDINGS OF SIGNIFICANCE. a. i 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 pedods of Catifomia history or prohistory? b. 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? F:~Depte~°LANNING~CEQA~451 PA99 |ES,do~ 11 Does the pmjeot have environmental effects which will cause substantiei adverse effects on human beings, either directly or indirectly? Comments: 16. The project, a General Plan Land Use Map mapping error will not effect the environment or other important statewide resources. 17. EARLIER ANALYSES. Eadier analyses may be used where, pursuant to the tiedng, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an eadier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. Ce Eadier analyses used. Identify eadier analyses and state where they am available for review. Impacts adequately addressed. Identify which affects from the above check list were within the scope of and edequataly analyzed in an eadier document pursuant to applicable legal standards, and state whether such effects ware addressed by mitigation measures based on the eadier analysis. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which ware incorporatad or refined from the eadier document and the extent to which they address site-specific conditions for the project. 17. This project, a General Plan Land Use Map mapping error, does not affect the pmvicus analysis undertaken for the Rancho Highlands Specific Plan and the City General Plan. This proposal is consistent with both documents because the City General Plan was developed to incorpomta the approved Spedtic Plan. In addition, the City zoning map indicates that the project area is zoned Specific Plan. As a result, the proposal is consistant with all previous analyses. 2. 3. 4. SOURCES City of Temecula General Plan. City of Temecula General Plan Final Environmental Impact Report. Rancho Highlands Specific Plan and EIR. FEMA Flood Map: Map No. 060742 0005 B. F:~Dep~%PLANNING~CEQAVI51PA99 IES.doc 12 ATTACHMENT NO. 3 SELECTED PAGES FROM THE RANCHO HIGHLANDS SPECIFIC PLAN \~TEMEC_FSI 01 \VOL1 ~Depts~PLANNING~STAFFRP'F~451PA99 - PC.doc 12 7. Open Space and Recreation a. Open Space and Recreation Plen The Open Space and Recreation Plan for Rancho Highlands includes natural open space, two lakes, and recreation cen- ters as shown on Figure 12. Open space continues to provide buffering from the freeway and Ynez Road. However, internal common open space has been minimized to a large extent due to the change in product mixture from higher density clustered development to mediuan (2-5 du/ac) density single-family detached dwelling units. The Amendanent now shows a 7.8 acre community private recrea- tion park site in the east/central portion of the site (as noted in Section III.A.2., Land use and Density). That site will be used for more active participation recreational land uses than the open space which was provided on the approved Speci-fic Plan. Some uses which may be provided are a recreation building, tennis courts, volleyball courts, swimming pool, children's play area, ball fields, etc. In addition, private recreation centers will be provided in the very high density areas (Planning Areas 3, 6, and 7). The recreation center in Planning Area 6 will be available for use by the residents of both Planning Areas 4/5 and 6. If a recreation center is desired in Planning Area 4/5, then the recreation center in Planning Area 6 will be reduced in size accordingly. The County requirements relative to subdivision ordinance amendment number 460.76 (which implements the provisions of the Quimby Act), will be satisfied by the proposed recreational land and activities proposed. This Ordinance Amendment requires that three (3) acres of property for each 1,000 persons within the community be dedicated to neighbor- hood and community park and recreational purposes, for benefit of the residentis. Based on an estimated 2.8 persons per dwelling unit, population for the project should total 2,293 persons, which would require 6.5 acres of recreational land to satisfy proposed Ordinance requirements. The recreation facilities/park site (7.8 acres) more than meets that requirement. In addition, as noted, private recreational facilities will be provided in the very high density residential areas, and there are 32.5 acres of open space/major slopes. The equestrian trail in the western portion of the site has been eliminated. Since the conception of the original Rancho Highlands Plan, the Rancho California area has been in a state of land use transition from a predominantly rural to a more urbanized condition. Additionally, the equestrian trail did not connect to a major regional system and essentially ended in the northern reaches of the site. In the approved 26 plan, the trail provided access to the natural open space ad- jacent to the freeway. Because that open space has been reduced in favor of usable park and recreation area in the eastern portion of the site, the trail is no longer needed. b. Development Standards 1) The open space and recreation areas shown in Figure 12 shall be developed in accordance with the requirements and standards of the R-5 zone of Riverside County Ordinance No. 348, and the Specific Plan on a minimum of 50 acres as follows: O A master property owner's association shall be es- tablished to operate and maintain all open space areas and recreation facilities. Vegetative stands shown in Figure 12 shall be pre- served within open space areas and maintained in a viable growth condition. Natural springs, ponds, water courses, and seeps, shall be preserved within open space areas to the greatest extent possible. Class I bike lanes, equestrian trails and hiking trails shall be constructed in accordance with Figure 12. O Equestrian trails crossings shall be constructed across identified roadways and conveyed to the Master Homeowner'e Association for maintenance. Class II bike lanes shall be constructed on all arterial and collector roadways Ynez Road, Santiago Road and Rancho California Road, as they border the Specific Plan site, and on "A" Street and "H" Street within the Specific Plan. 2) community recreation center and neighborhood recreation centers shall be developed in accordance with Exhibit "D", and shall include the following: The sites shall be fully landscaped with specimen trees, shrubs and ground cover. An automatic irrigation system shall be installed in a manner compatible with the natural character of the drainage course. C Maintenance of the recreation centers shall be the responsibility of the master property owner's association. 27 Z 0 [t '7 0 ~, ~o u, c. Church Site The approved Specific Plan shows a 6.0 acre church site (Planning Area 18) in the southwest portion of the site. The size and location of Planning Area 18 remains intact with this Amendment. Depending on future demand, construction of one or more churches and church-related uses may occur in this area or in Planning Area 19. d. Open Space/Recreation The approved Specific Plan shows 60.6 acres devoted to open space/manufactured slopes. This Amendment proposes an open space/major slope category containing 34.3 acres, a reduc- tion of 26.3 acres from the approved plan. While there has been an overall reduction in open space, there is a shift towards more active participation recreation uses from the generally non-usable open space/slope areas. The approved Specific Plan provides a 2.3 acre private recreation site in the west/central portion of the site. This Amendment proposes a 7.8 acre recreational facili- ties/park site (Planning Area 10) in the east/central portion of the site. Some uses which may be provided are a recreation building, tennis courts, volleyball courts, swimming pool, children's play area, ball fields, etc. Please see Design Guidelines, Section IV., for design details for these facilities. 3. Housino The proposed Specific Plan Amendment project includes sever- al housing products. Primary housing neighborhoods will include equestrian lots (low density), small and move-up single-family detached development (medium density), and apartments and condominiums (very high density). The approved Specific Plan included cluster attached projects in Planning Areas 13 and 14; and duplex units in Planning Areas 10 and 12. It has been determined that lower density dwellings are more appropriate and more marketable in this area than those previously approved cluster and duplex units. Therefore, single-family residential units are now depicted in those areas with the exception of Planning Area 10 which is now proposed to be developed with a park and recreational facilities. 16 Z ATTACHMENT NO. 4 EXHIBITS \\TEMEC_FS101\VOL1%Depts%PLANNING%STAFFRPT%451PA99- PC,doe 13 CITY OF TEMECULA CASE NUMBER: PA99-0451 EXHIBIT- A PLANNING COMMISSION DATE - DECEMBER 8, 1999 LOCATION MAP CITY OF TEMECULA · CC CC Ht EXHIBIT B - GENERAL PLAN DESIGNATION · CASE NUMBER: PA99~)451 PLANNING COMMISSION DATE - DECEMBER 8, 1999 In compliance with the Americans ~ Disabi Iitles Act, if you need special assistance to participate In this meeting, phase contact the office of the Community Development Department at (90~ 6~,-64~. NotlflcaUon 48 hours prior to a meeting will enabie the City to make reasonabb arrangemefts to ensue acoesslbllity to that meeting [28 CFR 35.102.35.104 ADA Title II] ACTION AGENDA TEMECULA PLANNING COMMISSION December 8, 1999 @ 6:00 PM 43200 Business Park Drive Council Chambers Ternecula, CA 92590 Resolution Next In Order #99-049 CALL TO ORDER: Chairperson Guerriero FLAG SALUTE: ROLL CALL: Fahey, Guerriero, Mathewson, 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 no__t 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 vourname and address. For all other agenda items a "Request to Speak" form must be filed with the Planning Secretary before Commission gets to that item. There is a three (3) minute time limit for individual speakers. COMMISSION BUSINESS Approval of Agenda ACTION: APPROVED 3-1, FAHEY ABSENT Minutes from November 3, 1999 ACTION: APPROVED 3-1, FAHEY ABSENT B Elect a New Co-Chair person ACTION: ELECTED DAVID MATHEWSON Public Convenience or Necessity for Proposed Ultramar Gas Station Matthew Fagan ACTION: DENIED 3-1, FAHEY ABSTAINED F:\Dep~\pLANNING~WIMBERVG\PLANCOMM\AGENDAS~1999\I2-8-99.do~ PUBLIC HEARING ITEMS Case No: Planning Application Nos. PA99-0243 (Tentative Tract Map 29286); PA 99-0244 (General Plan Amendment), and PA 99-0245 (Zoning Amendment) Applicant: Lennar Homes Location: East of Margadta Road at the northern City limit. Proposal: 1 ) PA99-0243 (Tentative Tract Map 29286) is a request to subdivide 9.75 acres into 38 single family residential lots and two open space lots that comply with the Low Medium (LM) Density Residential zoning classification (3-6 dwelling units per acre); 2) PA 99-0244 (General Plan Amendment) to remove the subject site from the Specific Plan oveday designation on Figure 2-5 of the General Plan and revert back to the underlying Land Use Designation of Low Medium (LM) Density Residential of the General Plan Land Use map; 3) PA 99-0245 (Zoning Amendment) to change the existing zoning map from Specific Plan Oveday (SP) to Low Medium (LM) Density Residential which is consistent with the undedying General Plan Land Use designation of Low Medium (LM) Density Residential. Environmental Action: Mitigated Negative Declaration Planner: Patty Andere, Assistant Planner Recommendation: Approval ACTION: APPROVED 4-0 Case No: Rancho Highlands Drive General Plan Amendment (Planning Application PA99-0451) Applicant: City of Temecula Location: South of Rancho Califomia Road between Rancho Highlands Drive and interstate 15 Proposal: To approve a General Plan Amendment to change the Land Use Designation within a small portion of the Rancho Highlands Specific Plan from Open Space to Highway Tourist Commercial. Environmental Action: Adopt a Negative Declaration ACTION: DENIED 4-0 Case No.: Planning Application No. PA97-0307 (Tentative Parcel Map 28627) Applicant: Margadta Canyon, LLC 27740 Jefferson Avenue, Temecula, CA 92590 Location: Located adjacent to Interstate 15, southwest of the intersection of Old Town Front Street and Highway 79 south ('l'he future Western Bypass Corridor). Assessors Parcel Number 922-210-047). Proposal: Planning Application No. PA97-0307 is a proposal to subdivide an approximately 37-acre parcel in 10 commercial lots and one open space lot. Environmental Action: City Staff is recommending that an Environmental Impact Report (EIR) be prepared for this project. Case Planner: John DeGange Recommendation: Approve ACTION: CONTINUED TO JANUARY 19, 2000 3-1 GUERRIERO ABSTAINED F:\D=pts\PLANNING\W1MBERVG\PLANCOMM~AGENDAS\I999\I2-8-99.do~ 2 PLANNING MANAGERS REPORT COMMISSIONER REPORTS ADJOURNMENT Next regular meeting: December 15, 1999, 6:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California, 92590 F:\D~pts\PLANNING\V~MBERVG\pLANCOMMXAGENDAS\i999\I2-8-99 .doc 3