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HomeMy WebLinkAbout030602 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours pdor to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35,102.35,104 ADA Title II] AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE March 6, 2002 - 6:00 P.M. Next in Order: Resolution: No. 2002-004 CALL TO ORDER: Flag Salute: Olhasso Roll Call: Guerriero, Mathewson, OIhasso, Telesio and Chairman Chiniaeff PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that are listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commission about an item no~t 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 for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three (3) minute time limit for individual speakers. CONSENT CALENDAR NOTICETO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. A,qenda RECOMMENDATION: 1.1 Approve the Agenda of March 6, 2002 R:~PLANCOMM~Agendas~2002~-6-02.doc 1 2 Minutes RECOMMENDATION: 2.1 Approve the Minutes of February 20, 2002 COMMISSION BUSINESS PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. 3 Planninq Application No. 01-0485 (Development Plan) - Rolfe Preisendanz, Assistant Planner - Continued from February 20, 2002 RECOMMENDATION: 3.1 Adopt a Notice of Exemption for Planning Application No. 01-0485 pursuant to Section 15332 of the California Environmental Quality Act Guidelines; 3.2 Adopt a Resolution entitled: PC RESOLUTION NO. 2002~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 0t-0485, DEVELOPMENT PLAN FOR THE DESIGN, CONSTRUCTION AND OPERATION OF A 10,926 SQUARE FOOT OFFICE / RETAIL BUILDING ON '1.~4 VACANT ACRES. GENERALLY LOCATED NORTH OF HIGHWAY 79 SOUTH, WEST OF MARGARITA ROAD AND SOUTH OF DARTOLO ROAD KNOWN AS ASSESSORS PARCEL NO. 959-080-0'14 4 Plannincl Application No. 01-0586 (Conditional Use Permit & Development Plan) - Matthew Harris. Associate Planner RECOMMENDATION: Adopt an Addendum to a previously approved Negative Declaration; Adopt a Resolution entitled: R:~° LANCOMM~Agenda s~002~-6-02.doc 2 PC RESOLUTION NO. 2002-._ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-0586, CONDITIONAL USE PERMIT & DEVELOPMENT PLAN TO CONSTRUCT, ESTABLISH AND OPERATE A 6,489 SQUARE FOOT NINE (9) CLASSROOM ADDITION TO AN EXISTING CHURCH FACILITY IN TWO (2) PHASES. THE 5.49-ACRE SITE IS LOCATED AT 42690 MARGARITA ROAD, EAST SIDE OF MARGARITA ROAD, NORTH OF RANCHO VISTA ROAD KNOWN AS ASSESSORS PARCEL NO. 954-020-010 5 Plannincl AI3131ication No. 01-0566 (Develol~ment Code Amendment) - Dave Hoclan, Senior .Planner RECOMMENDATION: 5.1 Adopt a Resolution entitled: PC RESOLUTION NO. 2002-__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO MODIFY THE STANDARDS FOR SECONDARY DWELLING UNITS (PLANNING APPLICATION 01- 0566)" COMMISSIONER'S REPORTS PLANNING DIRECTOR'S REPORT ADJOURNMENT Next Meeting: March 20, 2002 - Council Chamb.ers, 43200 Business Park Drive, Temecula, CA 92590 :{:~PLANCOMM~Agendas~2002~3-6-O2.doc 3 ITEM #2 \ MINUTES FOR FEBRUARY 20, 2002 WILL BE UNDER SEPARATE COVER ITEM #3 / CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Plannino Deoartment February 27, 2002 Planning Application No. 01-0485 On February 20, 2002, the Planning Commission continued the above application, pending submittal of revised building elevations which address the concerns of the Commission. Staff had some concerns with the revised plans, and at the time of this writing, is working out final revisions with the applicant. Staff expects to have the final plans for Commission review available at the meeting. Attachments: 1. February 20, 2002 PC Staff Report - Blue Page 2 R:~hazend'tPC Memo.doc ATTACHMENT NO. 1 ORIGINAL PC STAFF REPORT FROM FEBRUARY 20, 2002 R:~hazend~PC Memo,doc 2 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION February 20, 2002 Planning Application No. 01-0485 (Development Plan) Prepared By: Don Hazen, Senior Planner ORIGINAL. 1. ADOPT a Notice of Exemption for Planning Application No. 01-0485 pursuant to Section 15332 of the California Environmental Quality Act; 2. ADOPT a Resolution entitled: PC RESOLUTION NO. 2002-__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01- 0485, DEVELOPMENT PLAN FOR THE DESIGN, CONSTRUCTION AND OPERATION OF A '10,926 SQUARE FOOT OFFICE I RETAIL BUILDING ON 1.t4 VACANT ACRES. GENERALLY LOCATED NORTH OF HIGHWAY 79 SOUTH, WEST OF MARGARITA ROAD AND SOUTH OF DARTOLO ROAD KNOWN AS ASSESSORS PARCEL NO. 959.080-014 APPLICATION INFORMATION APPLICANT: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: GENERAL PLAN DESIGNATION: EXISTING LAND USE: SURROUNDING LAND USES: Pacific Dental Services A proposal to design, construct and operate a 10,927 square foot dental office / retail building. North of Highway 79 South, south of Dartola Road and west of Margarita Road Highway Tourist Commercial (HTC) North: Professional Office South: Community Commercial East: Highway Tourist Commercial West: Highway Tourist Commercial Highway Tourist Commercial Vacant North: Single Family Residence South: Retail Commercial Shopping Center East: Gas Station West: Medical Office Building R:'~D P~2001~01-0485 Pacific Dental Services~Staff Report and COAs.doc PROJECT STATISTICS (DEVELOPMENT PLAN) Lot area (gross): Lot area (net) Footprint: Building square footage: Building height: Landscaped area: Parking required: Parking provided: Lot coverage: Floor area ratio: 53,010 square feet (1.14acres) 46,965 square feet (1.01 acres) 10,926 square feet 10,926 square feet 35'-0" 9,599 square feet (21%) - 44 vehicular, 2 handicapped, 4 bicycle, and 2 motorcycle 47 vehicular, 2 handicapped, 4 bicycle, and 2 motorcycle 21% .21 BACKGROUND The applicant submitted a Pre-Application for Planning Department review on July 17, 2001. During this review period staff was able to address a number of concerns, which the applicant incorporated in their final plans. The applicant submitted a Development Plan application on September 27, 2001, upon which the application was deemed complete on October 30, 2001. A Development Review Committee meeting was held on November 15, 2001. PROJECT DESCRIPTION Environmental This project has been determined not to have a significant effect on the environment and is Categorically Exempt from CEQA (Section 1,5332 in-fill Development Projects). Site Plan The applicant proposes to construct a one-story office/retail building with 4,434 square feet of medical office space and 6,492 square feet of multi-tenant retail space. The site is located between the Arco Service Station to the east and the existing two-story medical office to the west. The building is approximately 64 feet wide and 170 feet long, and will be sited along the westerly portion of the lot, perpendicular to Highway 79 South (and oriented to face east). The building will have a 65-foot front building setback from the Highway 79 right-of-way. Within that setback there will be a 20 foot-wide landscape planter along Highway 79; a 30 foot-wide private access road serving the three contiguous lots; and a 16-20 foot-wide landscape planter along the building wall facing Highway 79. R:~D P~2001\01-O485 Pacific Dental Services\Staff Report and COAs.doc Access/Circulation Access to the site will be from a single driveway off of the private road paralleling Highway 79, and one off of Dartolo Road, a public right-of-way that extends along the northerly boundary of the lot. Based on the proposed uses, the site is required to provide 44 parking spaces and the site plan shows 47 spaces to be provided. Parking rows will be located along the easterly portion of the site facing the building entries, and a shorter drive aisle will be located behind the northerly rear side of the building. Building Design The one-story building is being constructed to provide tenant space for 4,434 square feet of dental offices and four retail tenant spaces totaling 6,492 square feet. Each space will have a separate entry accessed from a trellis-covered walkway along the east side of the building, and a portico tower structure over the main entry to the dental offices. The building architecture will consist of parapets and cornices of varying height, a tile mansard facing Highway 79, and a tile roof tower on the main entry portico. The wall finish will be plaster light sand, and painted wooden trellises with plaster columns will be constructed over a large portion of the storefront walkway. The elevation drawings also show the future anticipated sign locations for the primary tenant, however this is for illustrative purposes only and signage is a separate review process. A material sample board provided with the application shows the proposed colors/materials and staff concurs with the selection. Landscaping The site is required to have a minimum of 20% landscape coverage and 21.8% will be provided. The plan shows a 20-foot wide planter along the Highway 79 frontage, consisting of four existing Chinese Pistache trees and assorted shrubbery to be planted. Along the private road adjacent to the south elevation of the building, a 16-20 foot-wide planter will have three (3) 24-inch box Fern Pines and assorted shrubbery planted. Along the parking row on the easterly property line, a five-foot wide planter (exclusive of parking overhang) will be planted with ten (10) 24-inch box Ornamental Pear trees and assorted shrubbery. Along the covered trellis walkway, Violet Trumpet vines will be planted along the base of the columns. Along the Dartolo Road frontage, a 17-30 foot-wide planter will be planted with 24-inch box Chinese Pistache trees and assorted shrubbery. The "rear" of the building facing west towards the two-story medical office site will have no landscape setback, with the applicant proposing to use the seven-foot wide landscape planter and "fingers" located on the abutting property line to serve as a buffer. ANALYSIS Environmental Determination The project is exempt from environmental review based on Section 15332 (In-Fill Development Projects) of the California Environmental Quality Act and there are no potentially significant environmental constraints on the site. The project qualifies for an infill development exemption because the project is consistent with the General Plan designation and zoning regulations; is located on a site within the city limits which is served by all utilities; and is less than 5 acres in area. Site Plan The project conforms to all of the development regulations of the Highway Tourist Commercial zoning district. The building setbacks exceed the minimum requirements of the Development Code, including the interior side-yard setback which is permitted to have a zero setback. The proposed R:~D P~001\01-0485 Pacific Dental Services~Staff Reporl and COAs.doc 3 setback along the west property line varies from approximately 1.5 to 3 feet. While this is consistent with the zoning regulations, the Uniform Building Code may require a 4-foot wide emergency egress path along the rear of the southern-most tenant space (depending upon the final use/occupant load). The applicant has been advised of this and as conditioned, the future tenant improvement plans will have to conform to the UBC and modify the building as may be required. The proposed 21% lot coverage is below the maximum permitted lot coverage of 30%, and the .21 Floor Area Ratio (FAR) is below the maximum permitted FAR of .30 for the Highway Tourist Commercial district. The plan also exceeds the minimum number of required parking spaces, and the distribution of the parking is functional and accessible to all areas of the building entry points. Access and Circulation The Public Works Department has analyzed the projected traffic impact of the project and determined that the impacts are consistent with the traffic volumes projected for the site by the General Plan EIR. The Fire Department has also reviewed the plan and determined that there is proper access and circulation to provide emergency services to the site. Building Design The building design is consistent with the requirements of the Development Code, the Design Guidelines and will complement the adjacent office building. The variations in building form, materials, and colors will present a visual interest from the streets and Will maintain a balance of scale, form and proportion with the surrounding area. The west elevation (rear) will incorporate wall offsets and column-supported trellises to help provide visual relief and "break-up" the linear appearance of the building. While the proposed signage indicated on the plan for the primary tenant appears to be in proper scale with the building, a standard condition of approval requires approval of a Master Sign Program (Condition #17) for all tenants, in order to properly review all aspects of the signage (i.e. letter style, colors, proportion, location, etc.). Landscaping The landscape plan conforms to the minimum landscape requirements of the Development Code and Design Guidelines, and the City's consulting landscape architect recommends approval of the plan. Conditions of approval have also been added which require a one-year landscape maintenance bond to be submitted prior to occupancy (Condition #16); and that the location of the parking lot lighting fixtures not adversely impact the growth potential of the parking lot trees (Condition #13). CONCLUSION/RECOMMENDATION Staff has determined that the proposed project is consistent with the City's Design Guidelines and conforms with all of the applicable development regulations. Staff recommends approval of the Development Plan with the attached conditions of approval. FINDINGS Development Plan (Section 17.05.010F) 1. The proposed use is in conformance with the General Plan and with all applicable requirements of state law and other City ordinances. The plan to develop a 10,926 square foot office/retail building is consistent with the Highway Tourist Commercial (HTC) policies and development regulations. The proposed plan incorporates architectural and landscape R:~D P~00%01-0485 Pacific Dental Services~Staff Report and COAs.doc 4 designs which will further the City's land use objectives for Highway 79, and will achieve the City's General Plan Community Design Goal #1, "Enhancement of the City's image related to its regional and natural setting and its tourist orientation". The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been conditioned to conform to the Uniform Building Code, and all construction will be inspected by City staff prior to occupancy. The Fire Department staff has also found that the site design will provide adequate emergency access in the case of a need for emergency response to the site. Attachments: 1. PC Resolution No.-02- - Blue Page 6 Exhibit A - Conditions of Approval - Blue Page 9 Exhibits - Blue Page 18 A. Vicinity Map B. General Plan Map C. Zoning Map D. Site Plan E. Grading Plan F. Building Elevations G. Floor Plan H. Landscape Plan R:~:) P~001\01-0485 Pacific Dental Se~ices\Staff Report and COAs.doc 5 ATTACHMENT NO. 1 PC RESOLUTION NO. 2002- R:'~D P~001~1-0485 Pacific Dental Services'~Staff Report and COAs.doc PC RESOLUTION NO. 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING, PLANNING APPLICATION NO. 01-0485, DEVELOPMENT PLAN FOR THE DESIGN, CONSTRUCTION AND OPERATION OF A 10,927 SQUARE FOOT OFFICE ! RETAIL BUILDING ON 1.14 VACANT ACRES. GENERALLY LOCATED NORTH OF HIGHWAY 79 SOUTH, WEST OF MARGARITA ROAD AND SOUTH OF DARTOLO ROAD KNOWN AS ASSESSORS PARCEL NO. 959-080-014 WHEREAS, Pacific Dental Services, filed Planning Application No. PA01-0485 Development Plan "Application"), in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on February 20, 2002, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OFTEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Commission, in approving the Application hereby makes the following findings as required by Section 176.05.01 OF of the Temecula Municipal Code: The proposed use is in conformance with the General Plan and with all applicable requirements of state law and other City ordinances. As conditioned, the plan to develop a 10,926 square foot office/retail building is consistent with the Highway Tourist Commercial (HTC) policies and development regulations. The proposed plan incorporates architectural and landscape designs which will further the City's land use objectives for Highway 79, and will achieve the City's General Plan Community Design Goal #1, "Enhancement of the City's image related to its regional and natural setting and its tourist orientation". The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project as conditioned, will conform to the Uniform Building Code, and all construction will be inspected by the appropriate City staff prior to building occupancy. The Fire Department staff has also found that the site design will provide adequate emergency access in the case of a need for emergency response to the site. R:~) P~001~01-0485 Pacific Dental Services\Staff Repot[ and COAs.doc Section3. Environmental Compliance. The project will have no significant environmental impacts and has been found to be categorically exempt, Pursuant to Section 15332 class 32 of the California Environmental Quality Act Guidelines. Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves the Application, a request to develop a 10,926 square foot office / retail building set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of February 2002. ATTEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 02-__was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of February, 2002, by the following vote of the Commission: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary FI:~D P~2.001~01-0485 Pacific Dental Services\Staff Report and COAs.doc EXHIBIT A CONDITIONS OF APPROVAL R:'~D P~001~1-0485 Pacific Dental Services~Staff Report and COAs.doc \' EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No.: PA01-0485 Development Plan Project Description: Planning Application to design, construct, and operate a 10,926 square foot Dental Office / Retail building on 1.14 acres of vacant land. Development Impact Fee Category: The Development Impact Fee for the project will be Professional Office and Retail Assessor's Parcel No.: Approval Date: Expiration Date: 959-080-014 February 20, 2002 February 20, 2004 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Seventy- Eight Dollars ($78.00) for the County administrative fee, to enable the City to file the Notice of Exemption required under Public Resoumes Code Section 21108(b) 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 failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements 2. 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, judgments, 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. 3. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves its right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. The applicant shall provide two motorcycle parking spaces on site. R:~D P~001\01-0485 Pacific Dental Services\Staff Report and COAs.doc // ~o X, 10. 11. All conditions shall be complied with prior to any occupancy or use allowed by this Development Plan. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The development of the premises shall substantially conform to the approved Exhibits D (Site Plan), E (Grading Plan), F (Building Elevation), G (Floor Plan), H (Landscape Plan), and I (Color and Material Board) contained on file with the Community Development Department - Planning Division. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. All mechanical and roof equipment shall be fully screened from public view by being placed below the lowest level of the surrounding parapet wall. The colors and materials for the project shall substantially conform to those noted directly below and with Exhibit "1" (Color and Material Board), contained on file with the Community Development Department - Planning Division. Primary wall exterior: Exterior plaster soffit Accent Building Glazing Roof Tile Frazee paint #8300W "Normandic Ivory" Frazee paint #8303W "Lapstone" Dunn Edwards #DE1036 "Friar Tuck" Frazee Paint #8376N "Deep Hanna" Tinted Glass (L.O.F Evergreen) MCA Red Clay One-Piece Mission Tile Roofing 12. The construction landscape drawings shall indicate coordination and grouping of all utilities, which are to be screened from view per applicable City Codes and guidelines. Prior to Issuance of Grading Permits 13. The applicant shall submit a parking lot lighting plan to the Planning which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. 14. A copy of the Rough Grading plans shall be submitted and approved by the Planning Department. 15. 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 Building Occupancy 16. The property owner shall fully install all required landscaping and irrigation, and submit a landscape maintenance bond in a form and amount approved by the Planning Department for a period of one-year from the date of the first occupancy permit. 17. The property owner shall submit a Master Sign Plan for the review and approval by the Planning Department. R:~D P~001~01-0485 Pacific Dental Services\Staff Report and COAs.doc 11 DEPARTMENT OF PUBLIC WORKS Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 18. A Grading Permit for precise grading, including all on-site fiat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 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. Ail grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Issuance of a Grading Permit 22. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 23. 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. 24. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 25. 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. 26. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works 27. The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 28. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 29. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. RSD P~2001~01-0485 Pacific Dental Services\Staff Report and COAs,doc \ ~2 \, 30. 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. 31. The site is in an area identified on the Flood Insurance Rate Map as Flood Zone X. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code, which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. Prior to Issuance of a Building Permit 32. Precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveway shall conform to the applicable City of Temecula Standard No. 207A. c. Ail street and driveway centerline intersections shall be at 90 degrees. d. 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. 33. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 34. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. Prior to Issuance of a Certificate of Occupancy 35. 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 36. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 37. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. FIRE DEPARTMENT 38. Final fire and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. 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. 39. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20-PSI residual operating pressure, plus an assumed sprinkler demand of 400 GPM for a total fire flow of 1900 GPM with a 2-hour duration. The required fire flow may be adjusted R:\D P~2001~01-0485 Pacific Dental Services~Staff Repor~ and COAs.doc 13 during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 40. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. A minimum of 1 hydrant, in a combination of on-site and off- site (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection 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) 41. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2) 42. 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) 43. 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 lbs. GVW. (CFC 8704.2 and 902.2.2.2) 44. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) 45. 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) 46. The gradient for fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) 47. Prior to building construction, dead end roadways and streets in excess of one hundred and fifty (150) feet, which have not been completed, shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 48. Prior to building construction, this development shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) 49. 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 local water company signs the plans, 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) Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be R:~D P~2001~01-0485 Pacific Dental Services\Staff Report and COAs.doc ]4 50. 51. Special plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall have a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single-family residences and multi-family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) 52. Prior to issuance of a Certificate of Occupancy or building final, a directory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex, which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 53. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) 54. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 55. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. (CFC 902.4) 56. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. 57. Prior to the issuance of a Certificate of Occupancy, building final or occupancy, buildings housing high-piled combustible stock shall comply with the provisions of Uniform Fire Code Article 81 and all applicable National Fire Protection Association standards. The storage of high-piled combustible stock may require structural design considerations or modifications to the building. Fire protection and life safety features may include some or all of the following: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. (CFC Article 81 ) 58. Prior to the building final, speculative buildings capable of housing high-piled combustible stock, shall be designed with the following fire protection and life safety features: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. Buildings housing high-piled combustible stock shall comply with the provisions California Fire Code Article 81 and all applicable National Fire Protection Association standards. (CFC Article 81) 59. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau. (CFC 7901.3 and 8001.3) Conditions 60. Prior to issuance of building permits, fuel modification plans shall be submitted to the Fire Prevention Bureau for review and approval for all open spa~ce areas adjacent to the wildland- vegetation interface. (CFC Appendix II-A) R:~) P~001~Dl-0485 Pacific Dent~l Services\Staff Repor~ and COAs.doc 15 61. Pdor 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) 82. Prior to building permit issuance, a full technical report may be required to be submitted and to the Fire Prevention Bureau. This report shall address, but not be limited to, all fire and life safety measures per 1998 CFC, 1998 CBC, NFPA - 13, 24, 72 and 231-C. 63. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 64. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 65. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) COMMUNITY SERVICES 66. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 67. Developer shall provide adequate space for a recycling bin within the trash enclosure area. BUILDING AND SAFETY 68. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 69. Submit at time of plan review, a complete exterior site lighting plan showing compliance with Ordinance No. 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 70. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 71. Obtain all building plans and permit approvals prior to commencement of any construction work. 72. Obtain street addressing for all proposed buildings prior to submittal for plan review. 73. Disabled access from the public way to the main entrance of the building is required. The path of travel shall meet the California Disabled Access Regulations in terms of cross slope, travel slope stripping and signage. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 74. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 75. Provide disabled ac.~9-?~f~o~.~, the public"Way to the.main e.ntrance of the b~ailding. 76. Provide van accessible parking located as close as possible to the main entry. 77. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 78. Restroom fixtures, number and type, to be in accordance with the provisions of the 1998 edition of the California Building Code Appendix 29. Obtain the Division of the State Architect recommendation for the accessible restroom dimensions for toddlers from the Building Official, to implement in the building design. 79. Provide an approved automatic fire sprinkler system. 80. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 81. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 82. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 83. Provide precise grading plan for plan check submittal to check for handicap accessibility. 84. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 85. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. 86. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays OUTSIDE AGENCIES 87. The applicant shall comply with the attached letter dated October 25, 2001 from the California Historical Resources Information System. 88. The applicant shall comply with the attached letter dated February 11, 2002 from the Pechanga Cultural Resources. 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 R:~) P~2.001~01-0485 Pacific Dental Services\Staff Repor~ and COAs.doc ]7 ATFACHMENT NO. 2 EXHIBITS R:~D P~001\01-0485 Pacific Dental Services\Staff Report and COAs.doc PECHANGA CULTURAL RESOURCES Ternecula Band of Luise~o Mission Indians Post Office Box 2183 · Temecula. CA 92593 Telephone (909) 308~9295 · Fax (909) 506-9491 Rolfe Preisendanz Case Planner Temecula Planning Department P.O. Box 9033 Temecula, CA, 92589-9033 February 11, 2002 Chairperson: Germaine Arenas Committee Members: Mary Magee Aurelia Marruffo Evie Gerber Darlene Sotolo Nadine A. Murphy Raymond Basquez Coordinator: Benjamin Masiel Monitor Supervisor: Manuel Masiel Cultural Analyst: John A. Gomez, Jr. Director: Gary DuBois Re: Pacific Dental Retail Service Building Dear Mr. Preisendanz: The Pechanga Band of LuiseSo Mission Indians ("Pechanga Band") is a federally recognized Indian Tribe whose reservation is located in Riverside County. The Pechanga Indian Reservation is the closest Luisefio reservation to the proposed project site, and the Pechanga People have lived in the Temecula Valley for thousands of years. The Pechanga Band is not opposed to developmem per se. Rather, the Pechanga Band's primary concerns stem from any project's likely impacts on Native American cultural and archaeological resources. The Pechanga Band is concerned about the protection of unique and irreplaceable cultural resources, such as Luisefio village and burial sites and archaeological items that would be displaced by ground-disturbing work. The Pechanga Band is also concerned about the proper and lawful treatmem of any cultural or ceremonial items, Native American human remains, or sacred items discovered during construction, for any Luisefio cultural or ceremonial items, sacred items, and/or Native American human remains which may be found in the Temecula Valley belong to the ancestors of the Pechanga Band. The Pechanga Band is aware that the project described above may impact native soils during the grading/over-ex or the trenching for utilities associated with the development of the project. The Pechanga Band requests that Tribal Monitors be present during any disturbance to native soils. Moreover, the Pechanga Band requests to be present at a pre- construction meeting to discuss the grading/over-ex plan and utility trenching for the project. Finally, the Pechanga Band requests that the owner/developer of the project enter into a treatment plan that will address inadvertent discoveries during development of the project and tribal monitoring of any impacts to native soils. The Pechanga Band requests that the Planning Department continue to work with the Pechanga Band as a partner, on a government-to-government basis, for the length of the Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need project. The Pechanga Band acknowledges its ongoing relationship with the City of Temeeula and believes that maintaining this relationship is the most effective way to guarantee the protection of our cultural resources and heritage. Please feel free to comact me if you have any questions or wish to discuss this matter further. Gary DuBois Director Pechanga Cultural Resources · Temecula Band of Luisefto Mission Indians Post Office Box 2183 · Temecula, CA 92592 Sacred ls The Duty Trusted Unto Our Care And With Honor We Rise To The Need CALIFORNIA I~ISTORICAL I~ESOURCES iNFORMATION I~YSTEM October 25, 2001 TO: Rolfe Presisendanz City of Temecula Planning Department RE: Cultural Resource Review Case: PA01-0485 Records at the Eastern Information Center of the California Historical Resources Information System have been reviewed to determine if this project would adversely affect prehistoric or historic cultural resources: The proposed project area has not been surveyed for cultural resources and contains or is adjacent to known cultural resource(s}. A Phase I study is recommended. Based upon existing data the proposed project area has the potential for containing cultural resources. A Phase I study is recommended. A Phase I Cultural resource study (MF # ) identified one or more cultural resources. The project area contains, or has the possibility of containing, cultural resources. However, due to the nature of the project or prior data recovery studies, an adverse effect on cultural resources is not anticipated. Further study is not recommended. A Phase I cultural resource study (Mr #663 [part of a larger project]l identified no cultural resour(;es within the project boundaries. There is a Iow probability of cultural resources. Further study is not recommended. If, during construction, cultural resources are encountered, work should be halted or diverted in the immediate area while a qualified archaeologist evaluates the finds and makes recommendations. Due to the archaeological sensitivity of the area, earthmoving during construction should be monitored by a professional archaeologist. The submission of a cultural (eaource management report is recommended following guidelines for Archaeological Resource Management Reports prepared by the California Office of Historic Preservation, Preservation Planning Bullet/n 4la), December 1989. V' Phase I Records search and field survey ~ Phase II Testing [Evaluate resource significance; propose mitigation measures for "significant" sites.] -- Phase III Mitigation [Data recovery by excavation, preservation in place, or a combination of the -- tWO,] Phase IV Monitor earthmoving activities When the project area was originally examined for cultural resources, the surface was obscured by dense vegetation. It is recommended that the project area have any questions, please contact us. Eastern Information Center CITY OF TEMECULA CASE NO.- PA01-0485 EXHIBIT - A P.ANNING COMMISSION DATE- February 20, 2002 VICINITY MAP R:\D P~2.001\01-0485 Pacific Dental Services\Staff Report and COAs.doc CITY OF TEMECULA ect Site EXHIBIT B - GENERAL PLAN MAP DESIGNATION -(HTC) HIGHWAY TOURIST COMMERCIAL ~'~ ~'~oject'Site ~~ EXHIBIT C - ZONING DESIGNATION - (HTC) HIGHWAY TOURIST COMMERCIAL CASE NO. - PA01-0485 PLANNING COMMISSION DATE - FEBRUARY 20, 2002 R:\D P~2001\01-0485 Pacific Dental Services\Staff Report and COAs.doc 20 CITY OF TEMECULA Vicinity Site PI~.~ 1 Of 3 CASE NO. - PA01-0485 EXHIBIT- D PLANNING COMMISSION DATE- February 20, 2002 SITE PLAN R:'~D P~001\01-0485 Pacific Dental Services\Staff Report and COAs.doc I\· CITY OFTEMECULA CONCEPTUAL GRADING PLAN PACIFIC DENTAL SERVICES CASE NO. - PA01-0485 EXHIBIT -E PLANNING COMMISSION DATE- February 20, 2002 GRADING PLAN R:\D P~001\01-0485 Pacific Dental Services\Staff Report and COAs.doc 22 CITY OF TEMECULA CASE NO. - PA01-0485 EXHIBIT -F PLANNING COMMISSION DATE- February 20, 2002 BUILDING ELEVATIONS R:\D P~001\01-0485 Padfic Dental Services\Staff Report and COAs.doc -\ 23 R:~D P~0(~1\0'~-0485 Pac~ fic Dental Serv~ces~$~aff ~eport and COA.~ doc ,24 CITY OF TEMECULA TEMECULA RETAIL CASE NO. - PA01-0485 EXHIBIT -H PLANNING COMMISSION DATE- February 20, 2002 LANDSCAPE PLAN R:\D P~2001\01-0485 Pacific Dental Services\Staff Report and COAs.doc ITEM #4 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION March 6, 2002 Planning Application No. 01-0586 (Conditional Use Permit & Development Plan) Prepared By: Matthew Harris, Associate Planner 1. ADOPT an Addendum to a previously approved Negative Declaration; 2. ADOPT a Resolution entitled: PC RESOLUTION NO. 2002-.~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01- 0586, CONDITIONAL USE PERMIT & DEVELOPMENT PLAN TO CONSTRUCT, ESTABLISH AND OPERATE A 6,489 SQUARE FOOT NINE (9) CLASSROOM ADDITION TO AN EXISTING CHURCH FACILITY IN 'I'WO (2) PHASES. THE 8.49 ACRE SITE IS LOCATED AT 42690 MARGARITA ROAD, EAST SIDE OF MARGARITA ROAD, NORTH OF RANCHO VISTA ROAD KNOWN AS ASSESSORS PARCEL NO. 954-020-010 APPLICATION INFORMATION APPLICANT: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: GENERAL PLAN DESIGNATION: EXISTING LAND USE: Herron & Rumansoff Architects Construction of a nine-classroom addition to an existing church facility in two (2) phases. Phase lA will consist of four classrooms and restroom facilities totaling 2,984 square feet. Phase 1B will consist of five classrooms totaling 3,505 square feet. East side of Margarita Road, North of Rancho Vista Road Margarita Village Specific Plan (SP-3) North: Margarita Village Specific Plan/Public Institutional South: Public Institutional East: Margarita Village Specific Plan West: Low Medium Density Residential Public Institutional Facilities Church Facility R:\C U PL2001\01~0586 United Method/st Church Classroom Expansion~Staff Repor~ and COPs.doc ', SURROUNDING LAND USES: North: Rancho California Water District Pump Station/Apartments South: Temecula Valley High School East: Metropolitan Water District EasementJSingle-Family Residential West: Single-Family Residential PROJECT STATISTICS (DEVELOPMENT PLAN) Lot area (gross): 258,700 square feet (5.49 acres) Building addition footprint: Phase lA - 2,984 square feet Phase lB - 3,505 square feet Building addition square footage: Phase lA - 2,984 square feet Phase lB - 3,505 square feet Building height: 27'-0" Landscaping/walkways: 162,129 square feet (63%) Parking spaces: 157 spaces existing/no additional spaces required Lot coverage (existing and proposed building phases): 10% Floor area ratio: .10 BACKGROUND In September of 1993, the Planning Commission approved Planning Application No. 93-0027, a Public Use Permit to construct the Temecula United Methodist Church facility in three (3) phases. Phase I consists of 5,135 square feet of classrooms, offices, meeting area, day care facility serving up to sixty children and utility area all of which has been constructed. Phase II consists of a 6,697 square foot fellowship (celebration) hall and has also been constructed. Phase III consists of a 9,220 square foot sanctuary which is anticipated to be constructed in approximately five years. The church is now proposing to modify the originally approved chumh facility by constructing a nine- classroom addition (shown on the site plan as Phases lA and lB) to the existing classroom building onsite. The construction of Phase lA would commence this spring followed by Phase lB approximately one year later. The additional classrooms will be utilized for Sunday school instruction given that the four existing classrooms currently used for Sunday school instruction are impacted. PROJECT DESCRIPTION Use/Site Plan The applicant proposes to construct a one-story 6,469 square foot building addition containing nine classrooms. The addition will be approximately 60 feet wide and 110 feet long. It will abut the southern elevation of the existing classroom building, with the front elevation oriented to the west. The building will have a 92-foot setback from the front property line. A 10-foot setback will be maintained from the existing Metropolitan Water Distdct easement, which traverses the east side of the site. A 25-foot wide landscaping easement along the Margarita Road frontage will not be impacted by the proposed building addition. Two Sunday school classes will coincide with the two regular chumh services on Sunday morning at 9:00 a.m. and 10:30 a.m., respectively. Furthermore, the additional classrooms may be utilized once or twice a month during the week for other church sponsored activities. The church currently leases three existing classrooms to a private pad-time day care operation. A maximum of 20 pre-school children utilize the classrooms on a daily basis during the work week. The day-care operation was approved under the previous public use permit and will not be expanded. Moreover, the operation will not utilize any of the nine additional classrooms proposed onsite. An existing outdoor play area, located where the classroom addition is proposed, will be relocated to the west of the building addition. Building Design The one-story, building addition will consist of one 1,448 square foot classroom, and one 572 square foot classroom with the remaining seven classrooms being 427 square feet in size. In addition, two separate restroom facilities will be provided for men and women. The main interior corridor of the addition will align directly with the existing building corridor. A covered patio will also be provided at the south end of the building addition. The architect has indicated that the architecture, colors and finishes of the proposed building addition (Phase lA & 1 B) will match the existing church facility buildings onsite. Colors include: off- white wall color, burgundy/gray accent color used on the door and window frames, sand color for the base and trim, and burgundy roof tile. Horizontal elements of the project are broken up through the use of pilasters, doors and windows. A tower is proposed at the south end of the building to provide balance. A material sample board provided with the application shows the proposed colors/materials and staff concurs with the selection. Landscaping The entire site has been fully landscaped and exceeds the minimum 20% landscape coverage requirement. Staff has determined that the existing landscaping onsite conforms to minimum Margarita Village Specific Plan and Development Code landscaping standards. One exception is the street tree and slope plantings along Margarita Road. Four Liquidamber trees are currently missing from the row of street trees located behind the sidewalk along Margarita Road. The applicant has agreed to replace these trees and has shown them on the conceptual landscaping plan. In addition, to the Liquidamber trees, the Margarita Village Specific Plan requires that Mugo Pines also be planted along the Margarita Road streetscape. However, none of the pines have ever been planted. The applicant has agreed to plant 8 fifteen gallon and 8 five-gallon Mugo Pines on the slope adjacent to Margarita Road. These trees have also been shown on the conceptual landscaping plan and will be planted prior to occupancy of Phase lA. Five additional trees will be planted along the west and south sides of the building addition. ANALYSIS Environmental Determination An environmental review was completed in association with the previously approved Public Use Permit (PA93-0027). It was determined that a Negative Declaration with a De Minimus finding was appropriate. Given that the proposed project does not have the potential to create additional significant environmental effects, no additional environmental review is required. R:\C U P~2001~01-0586 United Methodist Church Classroom ExpansionLStaff Report and COAs.doc To support this determination staff has reviewed Section 15164 of the California Environmental Quality Act Guidelines to determine if subsequent review is needed. In accordance with CEQA, staff has determined that no additional environmental review is required given that: · The applicant is not proposing any substantial changes that would adversely increase any previously identified significant effects. · The circumstances that existed at the time the Negative Declaration was prepared have not changed significantly. · The project has no significant effects that weren't discussed in the previous Negative Declaration. No new mitigation measures are proposed for the project. Based on the previous discussion, it has been found that the project will require no further environmental review pursuant to the CEQA Guidelines. Therefore, an addendum to the previously approved Negative Declaration may be adopted. Use/Site Plan The project conforms to all of the development regulations of the Margarita Village Specific Plan. The building setbacks exceed the minimum requirements of the Margarita Ranch Specific Plan. Moreover, the addition complies with maximum lot coverage and floor area ratio requirements. In conformance with the Noise Element of the General Plan, the relocated children's play area will be located over 100 feet from the centerline of Margarita Road and therefore will not be impacted by roadway noise exceeding 60 dB. The present use is compatible with the surrounding uses and there have been no complaints filed with the City about the use. Parking The previously approved uses associated with PA93-0027 required 157 off-street parking spaces. A 158-space parking lot has been constructed and is fully operational. Moreover, the proposed building addition will in no way physically impact the existing parking facilities. The building addition is not anticipated to generate additional off-street parking needs given that the children are not of driving age. In addition, parents of the children attending the Sunday school will also be attending the onsite church service at the same time. Therefore, no additional off-street parking is required in association with the proposed building addition. Building Design The building addition design is consistent with the requirements of the Margarita Village Specific Plan, Development Code, and the Design Guidelines and will complement the existing church facilities. The variations in building form, materials, and colors will present a visual interest from the streets and will maintain a balance of scale, form and proportion with the surrounding area. Landscaping The landscape plan, as proposed, conforms to the minimum landscape requirements of the Margarita Village Specific Plan, Development Code and Design Guidelines, and the City's consulting landscape architect recommends approval of the plan. Conditions of approval have also been added which require that additional street and slope trees be planted prior to occupancy of Phase lA, and that a one-year landscape maintenance bond to be submitted pdor to occupancy (Condition 19). In addition, the area proposed for Phase 1B must be seeded and irrigated until such time that construction commences (Condition 20), R:\C U 1~2001~01-0586 United Methodist Church Classroom ExpansionXSlaff Rcpor~ and COAs.doc 4 CONCLUSION/RECOMMENDATION Staff has determined that the proposed project is consistent with the City's Design Guidelines and conforms to all of the applicable development regulations. Staff recommends approval of the Conditional Use Permit and Development Plan with the attached conditions of approval. FINDINGS Conditional Use Permit (Section 17.04.010E) The proposal, a 9-classroom building addition, is consistent with the General Plan and the Development Code. The General Plan land use designation is Public Institutional Facilities and church-related uses are permitted with a Conditional Use Permit. The proposed conditional use is compatible with the nature, condition, and development of adjacent uses, buildings, and structures and will not adversely affect the adjacent uses, buildings, or structures. Adjacent residential uses to the east are buffered by a 145-foot wide utility easement. Adjacent residential uses to the west, north and south are buffered by landscaped slopes and institutional uses to the south are similar in nature to the proposed use. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer area, landscaping and other development features. As conditioned, the plan to construct nine additional classrooms is consistent with the Margarita Specific Plan and all applicable development standards. The nature of the proposed conditional use is not detrimental to the health, safety, and welfare of the community. The building will be inspected for conformance with the applicable building codes. The decision to conditionally approve the conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council, Development Plan (Section 17.05.010F) The proposal, a 9-classroom building addition, is consistent with the land use designation and policies reflected in the Margarita Village Specific Plan as well as the development standards in the City's Development Code. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of the development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinance. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been conditioned to conform to the Uniform Building Code, and all construction will be inspected by City staff prior to occupancy, The Fire Department staff has also found that the site design will provide adequate emergency access in the case of a need for emergency response to the site. R:\C U P~2001~01-0586 United Methodist Church Classroom Expansion~taff Report and COAs.doc ,~ Attachments: 1. PC Resolution- Blue Page 7 Exhibit A - Conditions of Approval - Blue Page 11 2. Exhibits o Blue Page 20 A. Vicinity Map B. General Plan Map C. Zoning Map D. Site Plan E, Grading Plan F. Building Elevations G. Floor Plan H. Landscape Plan RAC U P~2001\01-0586 United Methodist Church Classroom Expansion~Staff Report and COAs.doc 6 ATTACHMENT NO. t PC RESOLUTION NO. 2002- R:\C U Pk2001\01-0586 United Methodist Church Classroom Expansion~StaffRcport and COAs.doc 7 PC RESOLUTION NO. 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01- 0686, CONDITIONAL USE PERMIT & DEVELOPMENT PLAN TO CONSTRUCT, ESTABLISH AND OPERATE A 6,489 SQUARE FOOT NINE (9) CLASSROOM ADDITION TO AN EXISTING CHURCH FACILITY IN TWO (2) PHASES. THE 6.49 ACRE SITE IS LOCATED AT 42690 MARGARITA ROAD, EAST SIDE OF MARGARITA ROAD, NORTH OF RANCHO VISTA ROAD KNOWN AS ASSESSORS PARCEL NO. 964-020-010 WHEREAS, Herron & Rumansoff Architects, filed Planning Application No. PA01-0586 Conditional Use Permit & Development Plan "Application"), in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on March 6, 2002, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1, That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findin,qs. The Planning Commission, in approving the Application hereby makes the following findings as required by Sections 17.04.010E & 17.05.010F of the Temecula Municipal Code: Conditional Use Permit (Section 17.04.010E) 1. The proposal, a 9-classroom building addition, is consistent with the General Plan and the development code. The General Plan land use designation is Public Institutional facilities and church-related uses are permitted with a Conditional Use Permit. The proposed conditional use is compatible with the nature, condition, and development of adjacent uses, buildings, and structures and will not adversely affect the adjacent uses, buildings, or structures. Adjacent residential uses to the east are buffered by a 145-foot wide utility easement. Adjacent residential uses to the west, north and south are buffered by landscaped slopes and institutional uses to the south are similar in nature to the proposed use. R:\C U P~001'O1-0586 United Methodist Church Classroom Expansion~StaffReport and COAs.doc ' ' The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer area, landscaping and other development features. As conditioned, the plan to construct nine additional classrooms is consistent with the Margarita Specific Plan and all applicable development standards. The nature of the proposed conditional use is not detrimental to the health, safety, and welfare of the community. The building will be inspected for conformance with the appliceble building codes. The decision to conditionally approve the conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council. Development Plan (Section 17.05.010F) The proposal, a 9-classroom building addition, is consistent with the land use designation and policies reflected in the Margarita Village Specific Plan as well as the development standards in the City's Development Code. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of the development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinance. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been conditioned to conform to the Uniform Building Code, and all construction will be inspected by City staff prior to occupancy. The Fire Department staff has also found that the site design will provide adequate emergency access in the case of a need for emergency response to the site. Section 3. Environmental ComDliance. A Negative Declaration has previously been prepared and approved by the Planning Commission on September 20, 1993. Whereas the conditions under which the Negative Declaration were prepared have not changed substantially and the project is consistent with the environmental review pursuant to Article 11, Section 15164 of the California Environmental Quality Act. Therefore, the Planning Commission has determined that no further environmental review is required for the proposed project and adopts an addendum to the previously approved Negative Declaration. Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves the Application, a request to develop a 6,489 square 9-classroom building addition in two (2) phases set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 6th day of March 2002. Dennis Chiniaeff, Chairperson R:\C U P~2001\01-0586 Unit~.d Methodist Church Classroom Expansion~Staff Report and COAs.doc 9 ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 02~was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th day of March, 2002, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\C U P~.00 l\01-0586 United Methodist Church Classroom Expansion~Staff Report and COAs.doc [~'-~ ]~ {0 EXHIBIT A CONDITIONS OF APPROVAL R:\C U P~2001\01-0586 United Methodist Church Classroom Expansion~StaffRcport and COAs.doc 11 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No.: Project Description: Development Impact Fee Category: Assessor's Parcel No.: Approval Date: Expiration Date: PA01-0485 Conditional Use Permit/Development Plan Planning Application to construct, establish and operate a 6,489 square foot 9-classroom building addition in two (2) phases on 8.49 acres. Exempt 984-020-010 March 6, 2002 March 6, 2004 PLANNING DIVISION Within 1. Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Community Development Department- Planning Division a cashie(s check or money order made payable to the County Clerk in the amount of One Thousand Three Hundred Twenty-Eight Dollars ($1,314~00) 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 Sixty-Four Dollars ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Addendum to a 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 failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements The applicant and owner of the real property subject to this condition shall hereby agree to indemnity, protect, hold harmless, and defend with Legal Counsel of the City's own selection, the City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents from any and all claims, actions, awards, judgments, 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. R:\C U i~2001\01-0586 United Methodist Church Classroom Expansion~Staff Report and CO,As.doc 12 City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves its right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. All conditions shall be complied with prior to any occupancy or use allowed by this Development Plan. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The development of the premises shall substantially conform to the approved Exhibits D (Site Plan), E (Grading Plan), F (Building Elevation), G (Floor Plan), H (Landscape Plan), and I (Color and Material Board) contained on file with the Community Development Department - Planning Division. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan, The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. All mechanical and roof equipment shall be fully screened from public view by being placed below the lowest level of the surrounding parapet wall. The colors and materials for the project shall substantially conform to those noted directly below and with Exhibit "1" (Color and Material Board), contained on file with the Community Development Department - Planning Division. Exterior Plaster: Plaster Screed Reveal Building Glazing Roof Tile Dunn Edwards #DE1046 "Yucca Palm" Dunn Edwards #SP148 "Coral Clay" Dunn Edwards #DE799 "Night Affair" Solar Gray Hanson Concrete Tile 'Slate" Color SL469 To Match Existing 11. The construction landscape drawings shall indicate coordination and grouping of all utilities, which are to be screened from view per applicable City Codes and guidelines. 12. The children's outdoor play area shall not be located within 100 feet of the centerline of Margarita Road. Prior to Issuance of Grading Permits 13. The applicant shall sign both copies of the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and return one signed set to the Community Development Department - Planning Division for their files. 14. The applicant shall submit to the Community Development Department - Planning Division for permanent filing two (2) 8" X 10" glossy photographic color prints of the approved Color and Materials Board and of the colored version of approved Exhibit "E', the colored architectural elevations to the Community Development Department - Planning Division for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. I~AC U P~2001~01-0586 United Methodist Church Classroom Expansion~Staff Reporl and COAs.doc 15. A copy of the Rough Grading plans shall be submitted and approved by the Planning Department. 16. 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 Issuance of Building Permit 17. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 18. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Community Development Department - Planning Division for approval. These plans shall conform substantially with the approved Exhibit ~F", or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall show temporary irrigation and seeding for the Phase lB area. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. One (1) copy of the approved grading plan. c. Water usage calculations per Chapter 17.32 of the Development Code 0Nater Efficient Ordinance). d. Total cost estimate of plantings and irrigation (in accordance with the approved plan). Prior to Building Occupancy 19. Prior to occupancy of Phase lA, the property owner shall fully install all required street trees, slope trees, trees adjacent to the building and irrigation thereto as identified on the approved landscaping construction drawings. 20. Prior to occupancy of Phase 1^, the property owner shall fully install temporary seeding and irrigation within the Phase 1B area. 21. Prior to occupancy of Phase lB, the property owner shall fully install all required trees adjacent to the building and irrigation thereto as identified on the approved landscaping construction drawings. 22. Submit a landscape maintenance bond in a form and amount approved by the Planning Department for a period of one-year from the date of the first occupancy permit. DEPARTMENT OF PUBLIC WORKS 23. Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 24. A Grading Permit for either rough and/or precise grading, including all on-site fiat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 25. All improvement plans and grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. R:\C U I~.001\01-0586 United Methodist Church Classroom Expansion~Staff Report and COAs.doc !/ 14 Prior to Issuance of a Grading Permit 26. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and pdvate property. 27. The Developer shall post secudty 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. 28. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 29. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. 30. The Develaper shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. 31. 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. 32. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Riverside County Flood Control and Water Conservation District b. Planning Department c. Department of Public Works 33. The Developer shall comply with all constraints that may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 34. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 35. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. 36. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. R:\C U P~001\01-0586 United Methodist Church Classroom Expansion~Staff Report and COAs.doc Prior to Issuance of a Building Permit improvement plans and/or precise 9rading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. All concentrated drainage directed towards the public street shall be conveyed through undersidewalk drains. 38. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 39. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. Prior to Issuance of a Certificate of Occupancy 40. 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 Distdct c. Department of Public Works 41. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 42. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. FIRE DEPARTMENT 43. 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 that are in force at the time of building plan submittal. 44. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix Iii.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 2500 GPM at 20-PSI residual operating pressure, plus an assumed sprinkler demand of 400 GPM for a total fire flow of 2900 GPM with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) R:\C U P~2001~01-0586 United Methodist Church Classroom ExpansionXStaff Report and COAs.doc 16 t 45. 46. 47. 48. 49. 50. 51. 52. 53. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-Iii-B-1. A minimum of 3 hydrants, in a combination of on-site and off- site (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 450 feet apart, at each intersection and shall be located no more than 225 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) As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2) If construction is phased, each phase shall provide approved access and fire protection pdor 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 lbs. GVVV. (CFC 8704.2 and 902.2.2.2) Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW 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) The gradient for fire apparatus access roads shall not exceed fifteen (15) pement. (CFC 902.2.2.6 Ord. 99-14) Prior to building construction, dead end roadways and streets in excess of one hundred and fifty (150) feet, which have not been completed, shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) Prior to building construction, this development shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) 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 ) R:\C U P',2001\01-0586 United Methodist Church Classroom Expansion~Staff Report and COAs.doc 55. 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) 56. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall give a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single-family residences and multi-family residential units shall have four (4) i.nch letters and/or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) 57. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) 58. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 59. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. (CFC 902.4) 60. 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 fire fighting personnel. (CFC 902.4) 61. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. Special Conditions 62. Prior to building permit issuance, a full technical report may be required to be submitted and to the Fire Prevention Bureau. This report shall address, but not be limited to, all fire and life safety measures per 1998 CFC, 1998 CBC, NFPA - 13, 24, 72 and 231-C. 63. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 64. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 65. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous matedal not listed in existing reports. (CFC Appendix II-E) COMMUNITY SERVICES 66. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 67. The developer shall provide adequate space for a recycling bin in the trash enclosure area. 68. All perimeter landscaping and parkways shall be maintained by the property owner or private maintenance association. BUILDING AND SAFETY 69. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 70. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 71. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 72. Obtain all building plans and permit approvals prior to commencement of any construction work. 73. Obtain street addressing for all proposed buildings prior to submittal for plan review. Disabled access from the public way to the main entrance of the building is required. The path of travel shall meet the California Disabled Access Regulations in terms of cross slope, travel slope stripping and signage. Provide ali details on plans. (California Disabled Access Regulations effective April 1, 1998) OUTSIDE AGENCIES 74. The applicant shall comply with the recommendations set forth in the Metropolitan Water District transmittal dated January 30, 2002, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval, I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Name printed ATrACHMENT NO. 2 EXHIBITS R:\C U PX2001\01 ~0586 United Methodist Church Classroom Expansion\Staff Report aad COAs.doc "'~ ' 20 ~ CITY OFTEMECULA ect Site CASE NO. - PA01-0586 EXHIBIT - A PLANNING COMMISSION DATE- MARCH 6, 2002 VICINITY MAP R:\C U P~2001~01-0586 Un[ted Methodist Church Classroom Expansion\Staff Report and COAs.doc /~ , i CITY OF TEMECULA EXHIBIT B - GENERAL PLAN MAP EXHIBIT C - ZONING MAP CASE NO. - PA01-0586 PLANNING COMMISSION DATE - MARCH 6, 2002 R:\C U P~001~1-0586 United Methodist Church Classroom Expansion~Staff Report and COAs.doc 22 CITY OF TEMECULA CASE NO. - PA01-0586 EXHIBIT - D PLANNING COMMISSION DATE- MARCH 6, 2002 SITE PLAN R:\C U P',2.001\01-0586 United Methodist Church Classroom Expansion~Staff Report and COAs.doc 23 CITY OFTEMECULA CASE NO. - PA01-0586 EXHIBIT -E PLANNING COMMISSION DATE- MARCH 6, 2002 GRADING PLAN R:\C U P~001\01-0586 United Methodist Church CLassroom Expansion\Staff Report and COAs.doc 24 ClTY OFTEMECULA CASE NO. - PA01-0586 EXHIBIT -F P _ANNING COMMISSION DATE- MARCH 6, 2002 BUILDING ELEVATIONS R:\C U p~2001~01-0586 United Methodist Church Classroom Expansion~Staff Report and COAs.doc 25 ' CITY OFTEMECULA CASE NO. - PA01-0586 EXHIBIT -G PLANNING COMMISSION DATE- MARCH 6, 2002 FLOOR PLAN R:\C U P~2001~01-0586 United Methodist Church Classroom Expansion~Staff Report and COAs.doc ClTY OFTEMECULA CASE NO. - PA01-0586 EXHIBIT -H P _ANNING COMMISSION DATE- MARCH 6, 2002 LANDSCAPE PLAN R:\C UI P~001~1-0586 United Methodist Church Classroom Expansion\Staff Report and COAs.doc ITEM #5 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION March 6, 2002 Planning Application No. 01-0666 (DEVELOPMENT CODE AMENDMENT) Prepared by: Dave Hogan, Senior Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission adopt a Resolution entitled: PC RESOLUTION NO. 2002-.~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO MODIFY THE STANDARDS FOR SECONDARY DWELLING UNITS (PLANNING APPLICATION 01-0566)" BACKGROUND The current City Ordinance limits the size of secondary dwelling units to 1,200 square feet. Residents who own homes on large lots and want to build second units in excess of 1,200 square feet have approached staff about changing this criteria. Staff's analysis of this request indicates that to allow larger units on larger lots is appropriate and is unlikely to create significant adverse impacts. State Law currently states that, unless a jurisdiction provides its own Second Unit standards, the provisions of Section 65852 shall apply for all second unit applications. A copy of the relevant portions of State Law is included in Attachment No. 3. The State Legislature has further indicated that second units are an important source of additional housing opportunities in California. Section 65852.150 of the Government Code states that: "The Legislature finds and declares that second units are a valuable form of housing in California. Second units provide housing forfamily members, students, the elderly, in-home health care providers, the disabled, and others, at be/ow market pdces within existing neighborhoods. Homeowners who create second units benefit from added income, and an increased sense of security. It is the intent of the Legislature that any second-unit ordinances adopted by local agencies have the effect of providing for the creation of second units and that provisions in these ordinances relating to matters including unit size, parking, fees and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restdct the ability of homeowners to create second units in zones in which they are authorized by local ordinance." R:\Ordinances~Second Unit~staff report pc 03-06-02.doc , , The City of Temecula currently regulates secondary dwelling units through the provision of Section 17.06.060.M of the Temecula Municipal Code. However, the current City requirements do not differentiate between small suburban lots and larger lots. Over the past year, staff has identified a number of situations where the City's standards appear to unnecessarily restrict second units on larger lots. As a result, staff believes that these provisions need to be modified to more reasonably address second units on larger lots within the City. Various proposed changes to the Development Code were presented to the Commission for consideration on August 15, 2001, and again on December 5, 2001. At the December meeting, the Commission recommended denial of the Development Code Amendment based on concerns over density issues, noise, and increased traffic impacts, and forwarded their recommendation to the City Council. The Council heard this item on December 11, 2001. After hearing statements from members of the public and new information from staff, the Council referred this issue back to the Planning Commission. ANALYSIS At the December 11,2001 City Council meeting, the Council members expressed differing opinions concerning minimum lot sizes for secondary dwelling units larger than 1,200 square feet. To address the concerns of the Council, staff reviewed Second Dwelling Unit Ordinances from other local jurisdictions and determined that some jurisdictions including Riverside County and Moreno Valley allow larger second units on larger sized lots. Staff inventoried all residential parcels in the City and categorized them by zone and lot size. Using existing Code criteria for lot coverage, staff determined the theoretical maximum number of secondary dwelling units to be 18,150 units, as summarized below and as shown on Attachment 4, Table A. Theoretical Maximum Number of Secondary Dwelling Units by Unit Size (based on lot coverage) Total Number of Secondary Units % of Total Number 400 s.f. (Code Min.) 1200 s.f. (Code Max.) 18150 4922 92.8% 25.2% of Res. Parcels Note: These figures are based on Lot Coverage Criteria 2000 s.f. (Proposal) 2195 11.2% Staff has thoroughly researched the proposed Development Code Amendment and still believes that allowing larger secondary units on larger lots is appropriate. As a result, staff is recommending that the City adopt a variable standard based upon the size of the parcel. Staff suggests differentiating the two size categories from the one-acre point, with second units larger than 1,200 square feet being allowed on parcels of one acre or larger in size. The size and scale of secondary dwelling units can be maintained by limiting them to 75 percent of the primary unit size. This size restriction is consistent with State Code, and reinforces the issue that secondary dwelling units are accessory to the primary unit. Staff also suggests that applicants who request secondary dwelling units in excess of 1,200 square feet apply for a Minor Conditional Use Permit, which would then require a Director's Hearing. The hearing will ensure neighborhood compatibility. The proposed amendment to the Development Code is included as Exhibit A at the end of this report. R:\Ordinances~Second Unit~staff report pc 03-06-02.doc 2 The requirements of the current ordinance provisions and the proposed amendment are shown in the following table: Allows Detached Units Allows Attached Units Maximum Unit Size On lots smaller than one acre in size On lots that are one acre or larger in size CURRENT ORDINANCE Yes Yes 1,200 square feet STAFF'S PROPOSAL Yes Yes 75% of primary unit and not to exceed: 1,200 square feet 2,000 square feet (requires Minor CUP) The existing pedormance criteria will be will be included in the amended Development Code as follows: · A secondary dwelling unit shall not be sold, but may be rented. · A secondary dwelling unit may be attached or detached and have a floor area between four hundred and one thousand two hundred square feet. · The secondary dwelling unit shall be compatible with the design of the primary dwelling and the surrounding neighborhood. · The secondary dwelling unit shall be provided with off-street parking in accordance with the off-street parking standards in Chapter 17.24. Additional performance criteria will be will be included in the amended Development Code as follows: · The secondary dwelling unit will be used only as a dwelling, and no business or home occupation may be conducted from the second unit. · The secondary dwelling unit shall be limited to the rear or side yard. The secondary dwelling unit shall be less than 150 feet from a public right of way. If the second unit is placed more than 150 feet from a public right of way, all-weather access for emergency vehicles shall be required. To determine the impacts of the proposed criteria, staff conducted a lot size inventory to determine how the lot size restrictions in the above Table would affect the number of secondary dwelling units. Lots were grouped from one-acre to two-acres in size by zone, and lots greater than two acres in size by zone. As shown in Attachment 4, Table B, imposing a minimum one-acre lot size restriction for units greater than 1,200 square feet and up to 2,000 square feet would yield a theoretical maximum of 996 secondary dwelling units. The same analysis for a two-acre lot size restriction would yield a theoretical maximum of 720 secondary dwelling units. A two-acre lot size restriction R:\Ordinances~Second Unit~staff report pc 03-O6-02.doc · / 3 would not lead to fewer secondary dwelling units overall, it would merely reduce by 276 the theoretical maximum number of second units that could be between 1,200 and 2,000 square feet. Under any scenario, the total theoretical maximum number of secondary dwelling units is 18,150. The differences between the one-acre restriction and two-acre restriction are statistically insignificant (1.5 %) in the overall maximum theoretical demand for second units. Staff, therefore, recommends adopting the one-acre restriction on lot size for secondary dwelling units. ENVIRONMENTAL DETERMINATION Staff has determined that pursuant to Section 15282 (i) of CEQA, this proposal to amend the Development Code is exempt from environmental review under CEQA. Section 15282, Other Statutory Exemptions, (i), states: ~The adoption of an ordinance regarding second units in a single-family or multi- family residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code." Relevant portions of Section 65852.2 of the California Government Code are as follows: Section 65852.2 (b)(5) states: "A second unit which conforms to the requirements of this subdivision (Title 7, Division 1, Chapter 4, Article 2, Section 65852) shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed a residential use which is consistent with the existing general plan andzoningdesignationsforthelot. Thesecondunitsshallnotbeconsideredinthe application of any local ordinance, po/icy, or program to limit residential growth. ~ Section 65852.2 (g) states: "This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of second units." Approval of the proposed Development Code Amendment is consistent with Sections 65852.1 and 65852.2 of the California Government Code, will not be considered to increase densities in respective residential zone classes, and is less restrictive than State Code conceming the maximum size of second units. For these reasons, staff recommends a Statutory Exemption under CEQA. GENERAL PLAN CONCLUSIONS The proposed amendment to the regulation controlling Secondary Dwelling Units is consistent with the City's General Plan, the General Plan Environmental Impact Report, and State Planning and Zoning Law. FINDINGS The proposed Development Code Amendment is compatible with the health, safety and welfare of the community. The proposed Development Code Amendment will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted General Plan and State Planning and Zoning Laws. The proposed Development Code Amendment will provide a mechanism to create more affordable housing opportunities throughout the City and will help to alleviate General Plan Housing issues identified by the Department of Housing and Community Development. R:~Ordinances~Second Unit~staff report pc 03-06-02,doc Attachments: PC Resolution - Blue Page 6 Exhibit A - Proposed Ordinance - Blue Page 9 Information from the City Attorney- Blue Page 15 Excerpts from the Government Code - Blue Page 16 Table A - Theoretical Maximum Number of Secondary Dwelling Units based on Lot Coverage - Blue Page 1 7 Table B - Theoretical Maximum Number of Secondary Dwelling Units based on Lot Size -Blue Page 17 R:\Ordinances\Second Unit~staff report pc 03-06-02.doc X,../~,I) 5 ATTACHMENT NO. 1 PC RESOLUTION NO. 2002- RECOMMENDING APPROVAL OF PA01-0566 R:\Ordinances~Second Unit~staff report pc 03-06-02.doc 6 PC RESOLUTION NO. 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO MODIFY THE STANDARDS FOR SECONDARY DWELLING UNITS (PLANNING APPLICATION 0'1-0566)" WHEREAS, on November 9, 1993, the City Council of the City of Temecula adopted the General Plan; and WHEREAS, on January 25, ~1995, the City Council of the City of Temecula adopted the City's Development Code; and WHEREAS, the City has identified a need to amend the adopted Development Code to better address secondary dwelling units; and WHEREAS, the Planning Commission considered the proposed amendment on March 6, 2002, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, an did testify either in support or opposition to this matter; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Approval. That the City of Temecula Planning Commission hereby recommends that the City Council approve an ordinance of the City Council of the City of Temecula amending Chapter 17 of the Temecula Municipal Code concerning Secondary Dwelling Units to: revise Section 17.06.030, Permitted Uses; and replace Section 17.06.050 M, Secondary Dwelling Units. The proposed changes to the Municipal Code are substantially in the form attached to this resolution as Exhibit A. Section 2. Environmental Coml~liance. Staff has determined that this action is exempt from CEQA per Section 15282, Other Statutory Exemptions, (i), as it complies with State Planning and Zoning Laws concerning the adoption of ordinances for secondary dwelling units. As a result, the Planning Commission recommends that the City Council make a determination that no further environmental analysis is required. Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 6t" day of March, 2002. Dennis Chiniaeff, Chairperson R:~Ordinances~Second Unit~taff report pc 03-06-02.doc 7 ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 02- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th day of March, 2002, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\Ordinances\Second Unit~staff repod pc 03-06-02.doc 8 EXHIBIT A ORDINANCE NO. 02- R:\Ordinances~Second Unit~taff report pc 03-06-02.doc EXHIBIT A ORDINANCE NO. 02- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO MODIFY THE STANDARDS FOR SECONDARY DWELLING UNITS (PLANNING APPLICATION 01- 0566) WHEREAS, Section 65800 of the Government Code provides for the adoption and administration of zoning laws, ordinances, rules and regulations by cities to implement such general plans as may be in effect in any such city; and WHEREAS, Sections 65860 of the Government Code requires that a zoning ordinance shall be consistent with the adopted General Plan of the city; and WHEREAS, the Planning Commission held duly noticed public hearing on Mamh 6, 2002, and recommended that the City Council approve the attached amendments to the City Municipal Code; and WHEREAS, this Ordinance complies with all the applicable requirements of State Paw and local ordinances; and, 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 City Council has held a duly noticed public hearing on ,2002 to consider the proposed amendments to the City Zoning Map and the Temecula Municipal Code. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 17.04.010 C is hereby amended as follows: Add a new subparagraph 1 to read as follows, "If the conditional use permit involves a new second dwelling unit in excess of 1,200 square feet but less than or equal to 2,000 square feet, the director of planning shall have the authority to approve, conditionally approve or deny an application for a conditional use permit. Decisions of the director of planning may be appealed to the Planning Commission, pursuant to Section 17.030.090." 13. Renumber subparagraphs 1,2 and 3 as 2, 3 and 4, respectively. Section 2. Section 17.04.010 E is hereby amended as follows: Subparagraph 1 is amended to read as follows, "To approve or conditionally approve a conditional use permit, except for secondary dwelling units which are discussed in Section E2 of this Chapter, the planning commission or planning director (or planning commission and city council on appeal) must make the following findings: R:\Ordinances~Second Unit~staff report pc 03-06.02.doc · 10 ~ Add a new subparagraph 2 to read as follows, "The following findings shall be made by the planning director or designee prior to the approval of a conditional use permit for a secondary dwelling unit: Exterior alterations are held to the minimum necessary, blending with the existing residence on the lot and neighborhood residences by architectural use of building forms, height, materials, colors, landscaping, etc. ii. The second unit maintains the scale of adjoining residences and blends into the existing neighborhood. iii. Exterior design is in harmony with the immediate neighborhood; construction materials and methods conform to acceptable construction practices. iv. The second unit will not result in excessive noise, traffic and parking congestion. The property fronts on an adequate water main and will be adequately served by a meter sized for single-family use. The applicant will be required to obtain verification from the appropriate water district of available capacity. vi. The property fronts on an adequate sewer line with capacity to serve the additional second unit. The applicant will be required to obtain verification from the appropriate sewerage distdct of available capacity. If the property is served by a septic system, the applicant shall obtain clearance from Riverside County Department of Environmental Health. vii. The site plan shall provide adequate open space and landscaping that is useful for both the second dwelling unit and the primary residence. Open space and landscaping shall provide for privacy and screening of adjacent properties." Section 3. Table 17.06.030 is hereby amended to replace the listing for Secondary Dwelling Units with the following: Table 17.06.030 Description of Use Residential Secondary dwelling units (400 s.f. to 1200 s.f.)4 Secondary dwelling units (1200 s.f. to 2000 s.f.) 4 Residential Districts HR VL P P C C I L-2 I LM M P P P C C C H R:\Ordinances',Second Un[t~staff report pc 03-06-02.doc Section 4. Amend Section 17.06.050 M to read as follows: Secondary Dwelling Units. In accordance with state law, a second dwelling unit shall be considered a residential use and shall not be considered to exceed the allowable density for the lot upon which it is permitted. The City recognizes two classifications for secondary dwelling units; Second Dwellings greater than 400 square feet in size but less than or equal to 1,200 square feet in size, and Second Dwellings greater than 1,200 square feet but less than 2,000 square feet in size. Secondary dwelling units shall require a development plan and shall meet the following minimum requirements: General Provisions. All secondary dwelling units shall be subject to the following provisions: Secondary dwelling units may be permitted in all residential zoning districts where there is an existing owner-occupied single-family detached dwelling. The property owner must occupy either the primary residence or the secondary dwelling unit. ii. A second unit shall not be sold. but may be rented. iii. An attached second unit on a residential lot shall have a floor area between four hundred and one thousand two hundred square feet. iv. A detached second unit on a residential lot shall have a floor area between four hundred and one thousand two hundred square feet. v. The application for the second unit must be signed bythe owner of the parcel of land and the pdmary dwelling. vi. The secondary unit shall be compatible with the design of the primary dwelling and the surrounding neighborhood in terms of height, bulk and mass, landscaping, and architectural materials. vii. The secondary dwelling unit shall be provided with off-street parking in accordance with the off-street parking standards in Chapter 17.24. viii. The second unit will be used as a dwelling unit only, and no businesses or home occupations of any kind may be conducted from or in the second unit. ix. The second unit shall be limited to the rear or side yard portions of the lot. Second units will not be permitted in front of the primary unit. The second unit is less than 150 feet from a public right of way. If the second unit is placed more than 150 feet from a public right of way, the applicant shall be required to provide all-weather access for emergency vehicles. Permitted Uses. Secondary dwelling units from 400 square feet to 1,200 square feet, Secondary dwelling units in this class may not exceed 75 percent of the primary unit in size. Permitted Uses. Secondary dwelling units from 400 square feet to 1,200 square feet. Secondary dwelling units in this class may not exceed 75 percent of the primary unit in size, shall require a development plan, meet the general provisions of this section, and make the findings from Section 17.06.010 E 2. R:~Ordinances~Second Unil~staff report pc 03-06-02.doc '~ 12 ~j ~,,' Conditional Uses. Secondary dwelling units from 1,200 square feet in size to 2,000 square feet in size. Secondary dwelling units in this class may not exceed 75 pement of the primary unit in size, and shall require approval of a Minor Conditional Use Permit per Section 17.04.010." Section 5. The following definition in Chapter Section 17.34 is hereby amended to read as follows: ""Secondary dwelling unit" means an additional dwelling unit to a primary residence on a parcel zoned for single-family residence which may be rented and provides complete independent living facilities for one or more persons." Section 6. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 7. Environmental Compliance. Staff has determined that this action is exempt from CEQA per Section 15282, Other Statutory Exemptions, (i), as it complies with State Planning and Zoning Laws concerning the adoption of ordinances for secondary dwelling units. As a result, the City Council recommends that a determination be made that no further environmental analysis is required. Section 8. Notice of Adol3tion. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 9. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. Section '10. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Council members voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED AND ADOPTED this ._th day of ,2002. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) R:\Ordinances~Second Unit~staff report pc 03-06-02.doc 13 I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 02- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the._.th day of ,2002 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the th day of 2002, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Susan VV. Jones, CMC City Clerk R:\Ordinances~Second Unit~staff report pc 03-06-02.doc 14 / ATFACHMENT NO. 2 INFORMATION FROM THE CITY ATrORNEY R:\Ordinances\Second Unit~staff report pc 03-06-02.doc 15 02:07pm From-RiCHARDS, WATSON & GERSHON 714 690 6Z30 IJ, lJJY~ RICHARDS J W^TSON J GERSHON .'lilY'I'll ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION T-359 F~go6 FACSIMILE TRANSMISSION November 14, 2001 TO: FAX NO: Debbie Ubnosk¢ 909-694-6477 PHONE NO: 909-694-6400 FROM: FILE NO: William P. Curley III DOCUMENT DESCRIPTION: Memorandum and Code Sections REFER£NCE: Temecula: Residential Second Units NUMBER OF PAGES (INCLUDING COVER): 10 USER NO: REMARKS: THIS INFORMATION IS INTENDED ONLY FOR ~'}1~ US[ o; THE INDiViDUAl. OR O4TITY TO WHOM IT IS ADDRESSED AH O MAY N -14-ZOO10Z:O?pm From-RICHARDS, WATSON & GERSHON ?14 ggO ~230 T-359 P.OOZ F~906 RICHARDS, WATSON & GERSHON MEMORANDUM TO: FROM: DATE: RE: Will{am P. Cu~ley IH November 2, 2001 Temeeula: Ras~.flential Second Units FILE NO: 11086.0006 Pursuant to your request, I have reviewed and analyzed California's statutory scheme and case law pertaining to residential second units. I have also reviewed and evaluated the provisions of the City's Municipal Code regarding secondary dwelling traits, and conclude that the City's provisions axe in compliance with the statutory scheme set forth in the Government Code. Further, I recommend that the City requi~e applicants for second units to record a covenant regarding owner-occupancy as a condition of approval of their development plan. The Legislature has set foxth regulations regarding residential second units in Government Code §§ 65852.1 er seq. Oovemment Code § 65852.1, which pertains to dwelling units for senior citizen occupancy, provides, in pertinent part: "Notwithstanding Section 65906, any city.., may issue a zoning variance, special use permit, or conditional use permit for a dwelling un.it to be constructed, or which is attached to or detached from, a primary residence on a parcel zoned for a singlc-f~,;!y residence, if the dwelling unit is imended tbr the sole occupancy of one adult or two adult persons who are 62 years of age or over, and the area of floor s~ece o£the attached dwelling unit docs not exceed 30 percent of thc existing living area or the area of the floor space of the detached dwell~ng unit does not exceed 1,200 square feet." Ia effect, Section 65852.1 allows cities to do what they would otherMse not be able to do, by making it easier for cities to grant zoning variances for dwelling units intended to be occupied by senior citizens. (Wilson v. City of Laguna Beach (1992) 6 Cal. App. 4th 543,546 fru4.) Government Code § 65852.2 encourages local governments to enact thek own ordinances allowing and regulating second units in single-f,~mi!y and multifamily residential zones, where they would othe~wvise be prohibited. (Id. at 545-46.) Section 65852.2 establishes a three-option approach that local governments may take regarding the regulation of second mrs: (1) adoption of an ordinance providing for the creation of second units and establishing various criteria for approving them (subdivision (a)); (2) a ban on all second units after malting specific findings, including findings regarding the adverse impacts that such units would have on the p-blic health, safety and welfare (subdivision (c)); or (3) ia the event that no ordLnance has been adopted in accordance with subdivisions (a) or (e), a special use or conditional use permit for a second unit must be granted if the unit meets the requirements en~.unerated in subdivision Co). In contrast to Section 65852.1, Section 65852.2 effectively requires a city to do what it would not want to do, by requiring a city to allow second units end process such applications under its owu ordinance, Nov"I4-ZOOT OZ:OTpm From-RiCHARDS, WATSON & GERSHON 714 ggO $Z30 T-35g P.003/010 F-g05 William P. C~ley III November 2, 2001 Page 2 or pursuant to the enumerated provisions of subdivision (b) (assuming the city has not banned all second units pursuant to subdivision (c)). (See ia! at 546 fro4.) The Legislature has declared the policies regarding residential second units in Section 65852.l 50: "[S]eeond units are a valuable fonn of housing in California_ Second units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. Homeowners who create second units benefit from added income, and aa increased sense of security. It i~ the intent of the Legislature that.., provisions in these ordimances relating to matters including unit size, parking, fees and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create second anits in zones in which they are authorized by local ordinance." Temecula's Municipal Code ("T.M.C.") provisions regarding dwelling units for senior citizen occupancy are consistent with Government Code § 65852.1. The definition of"granny fiat housing" set forth in T.M.C. § 17.34.010 is identical to the definition set forth in Government Code § 65852.1. Akhough the Municipal Code does not set forth comprehensive provisions regarding granny flats, the Code includes granny fiats within a number of broader provisions, inclading setbacks (Section 17.06.050)~ parking (Section 17.24.040), and permitted uses within residential disuiets (Section 17.06.030). The City has also adopted provisions regarding residential second units, cod/fled at T.M.C. § 17.06.050(M), entitled "Secondary Dwelling Units." Accordingly, the City is not obligated to process second unit applications as set ['orth in subdivision (b) of Government Code § 65852.2, but can apply the provisions of T.M.C. § 17.06.0500V0, Section 17.06.050(/Vl) requires that a development plan be submJued for a secondary dwelling unit, and sets forth the following criteria regarding secondary dwelling units: (1) second units are permitted in all residential zoning districts where there is an existhug owner-occupied single-family detached dwelling, and the property owner of the existing dwelling must occupy either the primary residence or the second urdt (subdivision (M)(1)); (2) second units may be rented, but may not be sold (subdivision (M)(2)); (3) the floor area of attached and detached units shall be between four hundred and one thousand two hundred square feet (subdivisions (M)(3) and (4)); (4) the application for the second unit must be signed by the owner of the parcel and the prlmm'y dwelling (subdivision (M)(5)); (5) the second unit shall be compatible with the design of the primary dwelling and surrounding neighborhood in terms of height, bulk and mass, landscaping, and architectural materials (subdivision (M)(6)); and (6) the unit shall be provided with off-street parking in accorcla~ce with Chapter 17.24] of the Municipal Code (subdivision 0Vi)(7)). ] According to Section 17.24.040 of Chapter 17.24. second mits require 1 covered parking space for 2 bedroom units or less. and 2 covered pa~king spaces for 3 bedroom units or more. No '14-2001 02:08pm From-RICHARDL WATSON & GERSHON ?14 900 0230 T-35R P.OO4/DIO F-905 William P. Curley November 2, 2001 Page 3 Pmsuant to Government Code § 65852.2(a),z cities have broad discretion ia the specific c~-iteria they may adopt for the approval of second traits. (Desmondv. County of Contra Costa (1993) 21 Cal. App. 4th 330, 340-41 .) The criteria set forth in T.M.C. § 17.06.050(M') are consistent with and authorized under Section 65852.2(a). T.M.C. § 17.06.050(M)(3) and (4) regarding the permissible floor area of attached and detached units also comply with subdivision (d) of Section 65852.2, which requires that the minimum size of second units be at least an efficiency unit, which is defined in Health and Safety Code § 17958.1 aa having a minimum floor area of 150 square feet. Lastly, the parking requirements set forth in T.M.C. § 17.24.040 appear to comply with the parking requirements of Section 65552.2(e)? One issue for the City to consider is the requirement of T.M.C. § 17.06.050(M)(1) that the property owner and applicant for the second unit must occupy either the primmy residence or the second unit. Case law has upheld'an owner-occupancy condition running with the land as consistent with the legislative intent and history behind Government Code § 65852.2, which is to create more affordable housing with a minimal disruption of ~eighborhood stability and the character of family neighborhoods, and to discourage specuIation and absentee ownership. (Sounhein v. City of Scm Dirnas (1996) 47 Cal. App. 4th 1181, 1190-92.) While Section 17.06.050(M)(1) does include an owner-occupancy condition, nothing in that provision requires that such condition run with the land. Accordingly, I recommend that, as a condition of approval of the development plan for the second unit, the City require that the property owner record a covenant that either the primary residence or second unit will bc occupied by the owner. Although owner-occupancy requirements have been upheld, ~ities may not limit the occupancy of second units To only relatives or caregivers. In Coalition Advocating £~gal Housing Options v. City of Saran Monica (2001) 88 Cal. App. 4th 451, the California Court of Appeal invalidated Santa Monica's zoning ordinance, which allowed the creation of second units in single-family residential zones, but limited occupancy to the property owner or his or her dependent, or a earegiver for the property owner or dependent. The court found the ordinance unconstitutional on both fight of privacy and equal protection grounds. Specifically, the court explained that the fight to privacy incJudes the fi~ht to be [eft alone in our homes and to choose wiuh whom to live. (id. at 460-61.) In addition, the court found that the occupancy restrictions 2 Government Code § 65852.2(a) provides, in pertinent part: "Any local agency may, by ordinance, provide for the creation of second units in single-family and multifamily residential zones. The ordinance: (l) May designate areas within the jurisdlction of the local agency where second units may be permitted .... (2) May impose ~andards on second units which include, but are not ~]mited to, parking, height, setback, lot coverage, architectural review, and maximum size cfa unit. (3) May provide that second units do not exceed the allowable density for the lot upon which the second unit is located... (4) May establish a process for rite issuance of a conditional use permit for second units." ~ Section 65852.2(e) provldea that parking requirements shall not exceed one parking space per unit or bedroom, and that off-stxeet parking shall be permlned ~n setback areas or through tandem parking. Nov-14-eO01 OZ:O6pm From-RiCHARDS, WATSOH & GERSHON 714 9gO 6Z3Q T-359 P.OOS/O]D R-gD5 William P. Curley November 2, 2001 Page 4 were not rationally related to the interests of preservation of neighborhood character or the prevention of undue coneen~xation o£population and traffic. (_rd. at 461-63.) Thus, while the City's requirement that the owner occupy either the primary residence or second unit is permissible, the City may not validly impose any other occupancy limitations. 670068.1 ,/ Fram=RICHARbs, WAT$ffi& GERS~ TM ggo 6230 § 65852 Note 2 A legla!a~ive body c.~nno~, be forced w ex~c[ or ~eu~ a ~o~ O~C~. B~e v. ~s. ~a= aud n~ ~ ~-b~o~ o~ct ~- ~ ~c fldd of )eg~s~on p~p~d ~ ~e in ~e Outd~r Adve~g Act D~ ~ u~ app~ to ~ c~ d~ uo~ iC Bmugber v, Bo~ of ~b~e Wo~ of Ci~ ~d ~W o~ S~ F~c~co (App. t Disc 1930) {07 CmlA~. 15,290 P, 140. 4. o~ ro apply for rc~o~ o~ ~ ~l cl~i~io~ C}W of S~ Matzo v, ~, [ D~t 1944) 6fi C~,App.2d 794. I~9 307. D~afion ~on= ~ not ~v~date o~- re~a~g us~ whi~ ~y be ~de of ~c prop. s~ d~a~on ~ wholly ~e~o~l~ ~ ~s (App, 2 D~ 19~8) ~ C~pp~d 99. 76 P.2d 516. PL~NNLNG AND ZO~H~ZG Title 7 Smmy ~lope W~r Co. v. Q~ of P~d~ (1934) 1 ~2d 87, 33 P~d 672. got b~ ~d o~ ~r ~d~ ~d uot show 806, (192~ 195 ~ 516. 234 ~, 396. ~o~ ou S~e Co~, B~ o[ Sup'rs (App. 3 Di~ 197~ Ill of Sup'm, Con~ § 65852.1, Single-family residence zoue; permit for dwelling unit for sen. ior citizen occupancy; application of section Notwithstanding Section 65906, any city, iuclucting a chm-ter ciW, county, or city and county may issue a zoning variance, special use permit, or conditional U~c pcrxnit for a dwelling unit to be constructed, or'which is attached to or detached lrom,, a primary residence on a parcel zotled for a single-faniily residence, ff the dwellin~ unit is intended for the sole occupancy of one adult or ~wo adult persons who are 62 years of age or over, and the area of floor space of th~ attached dwelling unit does not exceed 30 percent: of the existing living area or the a~ea of the floor space o£ the detachecl dv~ellLug unit does not ex¢cecl 1,200 square feet. 56 .1 ZONING REGULATIONS § 65852.2 Div. ! 'Ilxis section shall not be const~aed to l~it ~ ~q~r~m~ o{ S~on 65852.2, or ~e power of loc~ gove~en~ to pe~t secoud ~, {A~ by Sm~1981,; 887, ~ 2. ~end~ by Sm~.1982, c. 1~0, ~ 2; S~mA990, c. ~l~torlc~l and Statutor~ Notes StatsA980, c. 11~0, p. 3~85, ~la~i to ~a- ~d 'ho~in~ ~ w b~ome ~o~ 1 dS~,1981, ~ 887, "(1) S~ ~ ~ ~ to =nca~e ~fio~ of mo~ ~den~ ~i~ for ~ ag= of 60. for pe~ns o~ ~e age of 60. "0) The~ Ls a~ ~po~t n~ ~ m~ senior ci~zc~ ~ ~dcp~dent Zoning ;md Planning ~4, 502. WI~STI~W Topic No. 414. l. Sewer c~m~ctlon pcrmRs and also u~ enco~'age housing that prevent isolation of elderly pe~o~ ~ ~i~." ~e 1982 ~eaz add~ ~e se~nd p~- su~mt~ 'or w~ ~ ~ed ~ or dc~e~ ~m" for "~ at~ to"; s~m~d "62 ye~ of ag~" ~r "60 y~ o~ ago"; "a~c~d ~g ~g" for "dw~g ~ ~t~d "30 ~t o~ ~e ~g ~ or ~ ~ of ~ ~0or spa~ s~e f~t' for "640 ~ ~b~ R~e~n~ 15, 2~. ~, No~ of w exclude h~ps for se~or c[~ ~, even dlough ~ 65952.1 ~d co~W or~- v. Pebbl~ g~ch Co~i~ $e~ D~, (kpp. 6 Dhc 1990) 268 C~2p~. 76, 219 App.~d 229. § 65852.150. Second units; ltndl~gs, declarations, andintent The Le~la~e ~ ~d decl~ ~at second ~i~ ~e a v~uable fora of ho~ ~ C~o~a, Second ~ pro, de ho~g for f~y m~be~, ~den~, ~e eld~ly, ~-home he~ c~e pro~fle~, ~e ~abled, ~d o~ers, at below m~ket pdc~ ~ e~fing n~borhoods, Homeo~e~ who create second ~ benefit ~om ~dded income, ~d an Ecre~ed It h ~e ~tent of ~e ~sla~e ~at ~y secon~-u~t or~c~ adop~d by Io~ ag~ci~ have ~e effect of prolog for ~at pro~io~ ~ ~ese ordin~ces rela~g p~g, f~ ~d o~er requlremen~, are noI SO a~i~, .exc~sive, or b~de~ome so ~ w ~e~onably r~iet ~e ab~ of homeo~s to cr~e s~ond ~ ~ zon~ in w~ch ~ey ~e authofize~ by ~flqt by Sta~.1994, c. 580 (A.B.3198), ~ 1.) § 65852.2. Second units in single-family and muhi£amfly r~sidential zones; creation by ordinance; conditional u~e or special use permits; ordinance to limit housing opportunities (al Any local agency may, by ordinance, provide for the creation of second units in single-family and multifamfly residential zones. The ordinance: . .57 Ho-1,4-2001 OZ:Ogpm From-RICHARDS, WATSON & SERSHON... 714 ggO 6ZgO T-~56 P.OOg/OID F-gD$ § 6~852~2 PLAN~I~G AND ZON~G Title 7 (1) May designate areas v~,h~,~ the jurisdiction of the local agency where second unks may be permittccL The designation of areas may be -based on criteria, which may include, but are not limited to, the.adequacy of water and sewer services and the impact of second units on u'~c flow. (2) May impose standards on second units which, include, but are not 1/mitcd to, parl~$, height, setback, lot coverage, architectural review, and size of a unit_ (3) May p~ovide that second units do not exceed the allowable density for thc lot Upon .wh/ch the second unit is located, and that second units are a residential use that is consist~ent w~th the existing general plan and zoning designation for the lot. · (4) May establish a prOcesS for the isstmnc8 o[ a conditional t~c permit second units. (5) Shall not be considerccl in thc application of any local ordinance[ policy, or progr'a.~ to llrnit residential growth. (b)(l) When a local agency which has 'not adopted an ordinance govenfing second un/ts in accord1_ ~ce with'subdivision (a) or (c) receives its first applica- tion on or afxer July 1, 1983, for a conditional use pcrm/t purs,,~t to this subdivision, the local agency shall accept the application and approve or disapprove r. hc application purs,~,~t tn this subdiv/sinn unless it adopts an ordinance in accordance with subdivision (a) or (c) wi*hi,~ 120 days. after rece/vin§ the application, lqotwithsr,~nding Section 5~901, every loc~ agency sh~1] gra~ a ~'peci~ use oT a conditional use permit for thc creation of a second unit i/the second unit complies'with all of the following: (A) The urdt is not intended fo~ sale and ma~ be rented. (B) The lot is zoned for single-f~mily or multif, amily use. (C) The lot cov*~in, an existing sin~le-f~,~i]y dwelling. (D) The second unit is either attached to the existin§ dwelling and located within the 1/yin§ area of the existi~ dwelling or detached from the existing dwcliing and incated on ~e same'.iot ~ the existing dwelling. (B) The increased floor area of an attached second unit shall not exceed 30 percefit of the exisfin~ living area~ (~) The tota~ area of floor space for a detachcc~ second unit shall not exceed 1,200 square feet. (6) l~cquircments r.el.a~finf to heil,~ht, setback, l?~ coverage, architectural revie, w, site plan rev~c~v, fees, char~¢s, anc~ otzar zonmE requirements ~en~ral~y applicable to resident/al construction in the zone in which the propervy is locate& (I-I) 'Loca~ bu/ld~g code requirements which apply'to detached dwellings, as appropr/ate. (I) Approval by the~ local health .officer where a private sewage disposal system is being used, i~ required. (2) No other tocal ordinance, pollcy, or r~gulation shall Be the basis for the deni~l of a buildin~ permit or a use permit under this subdivision. 58 Nov-14-2001 02:09pm From-RiCHARDS, WATSON & GERSHON 714 990 $Z30 T-35g P.OO9/010 F-905 Zo~G ~U~G~LAT~ONS § 658~2.2 Div. 1 (3) This subdlv~slon establishes ~e m~ s~d~ds ~ loc~ agenci~ sh~ ~e to ev~ua~ proposed second ~ on lo~ zoned for residenfi~ use wM~ con~ ~ e~s~g shSe-fa~y dwe~ng. No M~fion~l s~dar~, o~ ~ ~ose prodded ~ ~s ~on or ~b~sion (a), sh~ be u~ed or ~p~, except ~at ~ loc~ ~en~ may req~e ~ app~t f~r a pe~it ~ed p~t to ~s sub~siou to be ~ o~er-occup~t. (4) No c~g~ in zo~g o~c~ or o~er or~an~ or ~y ch~g~ ~e gene~ pl~ sh~ be re~ed to ~plemen~ ~is sub~iom ~y 16~ ~en~ ~y ~end i~ zon~g or~ance or gene~ plan to ~co~orate po~ci~, proced~, or o~er pro.ions app~cable to ~c cre~on of second ~ ff ~e p~sio~ ~e constant wi~ ~e ~o~ of ~ sub~v~ion. (5) A second ~t wh~ co~fo~ m he re~iremen~ of ~ subdi~sion ~ not be comid~ed m ex~d ~e ~owable de~i~ for ~e lot upon wMch it ~ Io~t~, ~d s~ be deemed to be a r~denO~ use wM~h ~ ~nt ~ ~e ~g gene~ pl~ and zone d~i~a~o~ for &e Io~ ~e second ~ not bc co.idled in ~e application of ~y loc~ or~ance, policy, or pro~ to ~t r~idendfl ~. (c) No lo~ agen~ sh~ ~dopt ~ or.rice w~ch to~ly precludes second ~ ~ s~gle-fa~y or m~y zoned ~eas ~ess ~e or~ance conm~ ~gs ac~owled~g ~at ~e or.ante may ~it ho~g opportu- ~es of ~e re.on a~d ~er com~ find~gs ~at s~ec~c adve~e ~pac~ o~ ~e public heM~, sffe~, ~d were ~at wo~d r~ult ~om a~o~ng second ~m ~ s~gle-~y ~d mul~y zoned ~e~ j~ adopting (d) A locfl agen~ may e~b~sh m~ '~d ms.mum ~g s~e req~e- mcn~ for bo~ a~ched ~d detached second ~m. No ~im~ or m~ s~e for a second t~; or s~e b~ upon a pe~enmge of ~e e~g dwe~g, sh~l be esmb~hed by or~ce for eider huached or de~ched dwellin~ wM~ do~ no; pe~t at le~t an e~cien~ u~it to be cons~ed compR~ce ~ loc~ development smn~. (e) P~g req~emen~ for second ~ sh~ not exceed one par~g space per ~t or per b~om. Addifion~ p~g may be req~ prodded ~at a ~g is ~de ~t ~e ad~fional p~g req~en~ ~ ~ec~y related to · e ~e of ~e s~ond u~t ~d are consi~nt ~ e~g neighborhood ~d~ app~c~ble to ~g dwe~gs. Off-s~eet par~g sh~ be pe~t- ~ ~ se~a~ ~ ~ loc~fio~ dete~ed by ~e lo~1 agen~ or ~ou~ ~dem p~g, u~ specie ~dings ~e made ~at p~g ~ setba~ are~ or ~dem p~g ~ not f~le based upon ~ec~c site or region~ top~ ~ap~ or ~ ~d life s~e~ con~tions, or ~t it ~ not pe~ed an~here ehe ~ ~e j~dicfion. (~ Fe~ c~ged for ~e c~c~on of second ~ s~ be defe~ned a~ord~ ~ Chapter ~ (co~enc~g ~ Section 66000). (~ ~ secffon do~ not l/~t &e au~o~ of 1~ agenci~ to adopt less ' r~cfive req~emen~ for ~e crea~on of second , /~0~'14-2D01 OZ:lgpm From-RICHARDS, WATSON & GERSHON T-359 P.OIO/OIO F-gO5 § 65852.2 P~G AND ZO.h'-~G Title 7 · . (h) Local agencies shall gubmit a copy of the ordinances adopted pmuant-to subdivision (a) or (c) to the Department of Housing and Commuu/ty Develop- ment x~ithin 50 daTs after adoption.. (i) As used in this section, the [olloU~ing ~erms mean: (i) "Living ama." means the interior habitable area of a dweRing unit including basements and attics but does not include a garage or any accessory (2) "Local agency'! means a city, county, or city and county, whether general law or chartered. (3) For purppses of this section. "neighborhood'* has the same m~_~-3ng as set forth in Section 65589.5. (4) "Second unit" means an attached or a detached residential dwelling.unit which provides complete indepeuden~ living f-~cfllties for one or moro persons. It shall include permanent provisions for living, sleeping, 'eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. A second unit also includes the following: (A) An efficicnc~ unit as defined in S~ction 17958.1 of Health' and Safety Code. (B) A manuf.~ct~ed homo, as de-~ned in Section .18007 of thc Health and Safety Code. (Added by Srat~.1982, c. 1440, § 2, operative Suly 1, 1983, ~,nendcd by St~ts.1986, c. 156, § 1, opera, ire April 1, 1987; Stats.1990, c. 1150 (A.B.3529), § 2; $tat$.1994, c. 580 (~-B.319s). § 2.) ' So in chaptercd copy, Historical and $ ccqcion 1'o[ Stats. J 982, c. 1440, pr ovidv, d: "(a) ~ LegiShmre ,~.d~ ,-,.nd d¢clare~ chat there is an tremendous unmct ne~l f~ now housing to shelf, ct California'& population, i'he unmet housing nee& will bc fur~er aggravated by the severe cutbacks i.~ £~le~l housing pro- "&) The Leglsla~ure fin& and &¢l~ thai C~ifornia's. gxisllng ho~si~g resourc~'ar~ vas~. ly un d~nii]ize~ clue fix iai'ge part to thc changes iR social patt~rlx~. Thc this ~tate's exlsti~g housing resource~ off.cs an innovagv¢ and co~t.effect/ve soludo9 to Ca~or- rtin'$ hou,~lg "(c) The I~8hlator~ the m hss a r~le in incre~lng the utilization of Cali~ornla'$ housing resourc~ and in recluc- lng the bsrrlers to tl~ provision of affordable '(d) Thc l, cgislamre there ~ many b~n~its associatM with thc Cxeat/o~ o~ second-~ily rcsidcntiaJ tm/ts ou e:~-Ii= g $ingle-L.~ltily lots, which h~clude: Statutory Notes "(1) Providing a eosr-effcctiv~ means DC serv. ing dc'veloptoent thm0gh thc us~ of ~xisring serve cievelopm=~ fix undeveloped "(2) Providing rel~ively affordabl~ housing tot l~w- m~d modcva~e-i~come hot~schokh ~- out public ~uhsi~. "0) Prong a m~s/or pm'~me~ of high ~ ~. "(4) ~o~g ~c~ for hom~e~ ~ ~ded. ~e scc~on ~: "(~ ~ c~,. i~lu~g a c~ed c~, or ci~ ~d co~zy, m~y by pm~dc for ~e ~Ro~ ~[ s~ond uni~ ~n whe~ secoad ~ a~ '(2) The d~i~Oon o~ ~ my ~ on ~ ~hich ~y ~cl~ but ~e 6O ATTACHMENT NO. 3 EXCERPTS FROM THE GOVERNMENT CODE R:~Ordinances~Second Unit~taff report pc 03-06.-02.doc '~ 16" EXCERPT OF STATE PLANNING AND ZONING LAW 65852.150. Local second unit ordinances The Legislature finds and declares that second units are a valuable form of housing in California. Second units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. Homeowners who create second units benefit from added income, and an increased sense of security. It is the intent of the Legislature that any second-unit ordinances adopted by local agencies have the effect of providing for the creation of second units and that provisions in these ordinances relating to matters including unit size, parking, fees and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create second units in zones in which they are authorized by local ordinance. 65852.2. Standards to evaluate proposed second residential units (a) Any local agency may, by ordinance, provide for the creation of second units in single-family and multifamily residential zones. The ordinance: (1) May designate areas within the jurisdiction of the local agency where second units may be permitted. The designation of areas may be based on criteria, which may include, but are not limited to, the adequacy of water and sewer services and the impact of second units on traffic flow. (2) May impose standards on second units which include, but are not limited to, parking, height, setback, lot coverage, architectural review, and maximum size of a unit. (3) May provide that second units do not exceed the allowable density for the lot upon which the second unit is located, and that second units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (4) May establish a process for the issuance of a conditional use permit for second units. (5) Shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) (1) When a local agency which has not adopted an ordinance governing second units in accordance with subdivision (a) or (c), receives its first application on or after July 1, 1983, for a conditional use permit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the application pursuant to this subdivision unless it adopts an ordinance in accordance with subdivision (a) or (c) within 120 days after receiving the application. Notwithstanding Section 65901, every local agency shall grant a special use or a conditional use permit for the creation of a second unit if the second unit complies with all of the following: (A) The unit is not intended for sale and may be rented. (B) The lot is zoned for single-family or multifamily use. (C) The lot contains an existing single-family dwelling. (D) The second unit is either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. (E) The increased floor area of an attached second unit shall not exceed 30 percent of the existing living area. (F) The total area of floor space for a detached second unit shall not exceed 1,200 square feet. (G) Requirements relating to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements generally applicable to residential construction in the zone in which the property is located. (H) Local building code requirements which apply to detached dwellings, as appropriate, (I) Approval by the local health officer where a private sewage disposal system is being used, if required. (2) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision. (3) This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed second units on lots zoned for residential use which contain an existing single-family dwelling. No additional standards, other than those provided in this subdivision or subdivision (a), shall be utilized or imposed, except that a Local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant. (4) No changes in zoning ordinances or other ordinances or any changes in the general plan shall be required to implement this subdivision. Any local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of second units if these provisions are consistent with the limitations of this subdivision. (c) (d) (e) (f) (g) (h) (5) A second unit which conforms to the requirements of this subdivision shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use which is consistent with the existing general plan and zoning designations for the lot. The second units shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. No local agency shall adopt an ordinance which totally precludes second units within single-family and multifamily zoned areas unless the ordinance contains findings acknowledging that the ordinance may limit housing opportunities of the region and further contains findings that specific adverse impacts on the public health, safety, and welfare that would result from allowing second units within single-family and multifamily zoned areas justify adopting the ordinance. A local agency may establish minimum and maximum unit size requirements for both attached and detached second units. No minimum size for a second unit, or size based upon a pementage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings which does not permit at least an efficiency unit to be constructed in compliance with local development standards. Parking requirements for second units shall not exceed one parking space per unit or per bedroom. Additional parking may be required provided that a finding is made that the additional parking requirements are directly related to the use of the second unit and are consistent with existing neighborhood standards applicable to existing dwellings. Off-street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback area or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction. Fees charged for the construction of second units shall be determined in accordance with Chapter 5 (commencing with Section 66000). This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of second units. Local agencies shall submit a copy of the ordinances adopted pursuant to subdivision (a) or (c) to the Department of Housing and Community Development within 60 days after adoption. (i) As used in this section, the following terms mean: (1) "Living area," means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. (3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5. Section 65589.5(4) "Neighborhood" means a planning area commonly identified as such in a community's planning documents, and identified as a neighborhood by the individuals residing and working within the neighborhood .... (4) "Second unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. A second unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. Section 17958.1. Notwithstanding Sections 17922, 17958, and 17958.5, a city or county may, by ordinance, permit efficiency units for occupancy by no more than two persons which have a minimum floor area of 150 square feet and which may also have partial kitchen or bathroom facilities, as specified by the ordinance. In all other respects, these efficiency units shall conform to minimum standards for those occupancies otherwise made applicable pursuant to this part .... (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. ATTACHMENT NO. 4 Table A & Table B R:\Ordinances~Second Unit~staff report pc 03-06-02.doc 17 Table A Theoretical Maximum Number of Secondary Dwelling Units and Size by Zone (Current Criteria for Maximum Lot Coverage) Zone 400 s.f. (Code Min,) 1200 e.f. (Code Max.) 2000 $.f. (Proposal) HR 7 6 5 VL 1498 1495 1072 L-1 & L-2 275 169 120 LM 15391 3145 934 M 979 107 64 Total 2nd Units 18150 4922 2195 % of Total Number 92.8% 25.2% 11.2% of Res. Parcels High density residential is not included in this analysis because single-family detached units are not permitted uses and, consequently, secondary dwelling units would not be permitted either. Table B Theoretical Maximum Number of Secondary Dwelling Units and Size by Zone (Establishing min. lot size for second units larger than 1200 s.f.) 400 s.f. 1200 s.f. Up to 2000 s.f. Up to 2000 s.f. Zone (Code Min.) (Code Max.) (1-acre lot) (2-acre lot) HR 7 6 6 5 VL 1498 1495 686 521 L-I & L-2 275 169 85 65 LM 15391 3145 187 110 M 979 107 32 19 Total t 8150 4922 996 720 % of Total Number of Res. 92.8% 25.2% 5.1% 3.7% Parcels High density residential is not included in this analysis because single-family detached units are not permitted uses and, consequently, secondary dwelling units would not be permitted either. R:~Ordinances~Second Unifistaff report pc 03-06-02.doc ', 18