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HomeMy WebLinkAbout081793 CC AgendaAGENDA TEMECULA CITY COUNCIL A REGULAR MEETING TEMECULA COMMUNITY CENTER - 28816 Pujol Street AUGUST 17, 1993 - 7:00 PM At approximately 9:45 PM, the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 PM and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 PM Next in Order: Ordinance: No. 93-17 Resolution: No. 93-70 CALL TO ORDER: Mayor J. Sal Muf~oz presiding Flag Salute Mayor Pro Tern Roberts ROLL CALL: Birdsall, Parks, Roberts, Stone, Mu~oz PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item n~l; listed on the Agenda or on the consent Calendar, a pink "Request To Speak' form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name and address. For all other agenda items a "RequestTo Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the egenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. /-_, Agende/OI1793 I 0111 1/13 PUBLIC HEARINGS Any person may submit written comments to the City Council 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 City Clerk at, or prior to, the public hearing. City of Temecula General Plan. Implementation Program. Environmental Impact Report and Mitiaation Monitorino Proqram RECOMMENDATION: 1.1 Review the Land Use Requests, the Housing Element, the EIR end Mitigation Monitoring Program, take public testimony, and direct staff to incorporate the materials as presented into the final General Plan which will be presented for City Council adoption at the conclusion of the Public Hearing. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: August 24, 1993, 7:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California Aileede/OI1793 2 01/11/13 ITEM NO. 1 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Planning August 17, 1993 City of Temecula General Plan, Implementation Program, Environmental Impact Report and Mitigation Monitoring Program. PREPARED BY: RECOMMENDATION: John Meyer It is requested that the City Council review the Land Use Requests, the Housing Element, the EIR and Mitigation Monitoring Program, take public testimony, and direct staff to incorporate the materials as presented into the final General Plan which will be presented for City Council adoption at the conclusion of the Public Hearings. BACKGROUND Over the past several months, the City Council has held six public hearings on the Draft City General Plan. To date, the Circulation, Economic Development, Public Safety, Noise, Air Quality, Community Design, Open Space/Conservation, Growth Management/Public Facilities and Land Use Elements have been reviewed by the Council. At the August 17, 1993, meeting, the Council will review the balance of the Parcel Specific Land Use Requests, the Housing Element, the EIR and the 'Mitigation Monitoring Program. 1. DRAFT LAND USE PLAN Staff has received numerous requests from property owners to amend the land use designation on their property. Staff has divided the requests into 6 area groups. The following table indicates in which group the individual requests are located. To date, the Council has reviewed all requests except for the Westside Foothills and Nicolas Valley areas. GROUP} ". ...... LOCATION "1 .:. :... MAP,NUMBERS ...:' ' ':': Hwy. 79 South II Chaparral 1, 2.1, 2.2, 3, 7, 9, 10, 21, 22, 28, 29, 32, 36, 37, 40, 45, 52 and 54 4,11,14,17,18,19, 24, 25, 26, 38 and 60 S~GENR,AN~GP, CC7 1 Stete Deadline for General Ran Adoption: November 25. 1993 GROUP ' ' · ~L OCA TION . :..': III IV V VI ... :.MAP'NUMBERS .I Urban Core 5, 6, 13, 20, 30, 31,33, 42.2, 42.3, 42.4, 42.5, 42.6, 42.7, 42.8, 42.9, 47, 48, 49, 50, 58 and 62 Westside Foothills 15, 39, 42.1, 43, 44, 46 and 51 Nicolas Valley 8, 16, 23, 27, 35, 55, 56, 57, 59, and 61 Meadowview/Winchester 12, 41, 53.1 and 53.2 Land Use Map Clean Up Request No.s 30 and 31. Pursuant to City Council request, staff has invited the property owner/representative for requests number 30 (Kemper) and 31 (Johnson + Johnson), to the meeting of August 17, 1993. During the June 15, meeting, the Council deferred action on the land use designation of the two properties until a representative was in attendance. Request No. 10. Although the Council took a straw vote on properties located in Group I, staff is requesting clarification regarding request No. 10 (Penfold). The City Council directed staff to combine the request in a Specific Plan Overlay with request No. 32 (Johnson + Johnson). However, Staff is not clear as to whether the underlying Very Low Land Use designation was to remain or be changed to Professional Office, like the Johnson Property. Request No. 43 Request No. 43 (Firestone) was granted based on its consistency with a previous Temecula City Council approval of a zone change on the subject parcels. The City Council action amended the west half of the parcels to R-5 which is an open space district. The open space district was assigned because of the steep terrain of the site. The previous Temecula City Council zoning action, along with the potential alignment of the Western by-pass corridor, prompts staff to recommend replacing the current medium residential land use designation with an open space land use designation.' South Front Street Because of several inquiries relating to this area, staff has re-evaluated the land use designation along the west side of S. Front Street between First and the existing office complex (north of the Pharris Concrete Plant). The current designation is Highway Commercial. However, after careful consideration of the surrounding land uses, staff now recommends a Service Commercial designation to duplicate the Service Commercial along the east side of S. Front. The Council is advised that Staff has not included any of the land use plan material previously distributed in the May 18, 1993 City Council Agenda Packet. If new copies of the matrix or maps are needed please contact Staff. S%GENPLAN~GP. CC7 2 State Deedine fm General Pie Adoption: Nevembe 26, 1993 2. HOUSING ELEMENT Background This element was briefly discussed at the Council's April 6, 1993 meeting. The element was continued to allow staff an opportunity to respond to comments recently received by the State Department of Housing and Community Development. The purpose of a housing element is to address local end regional housing needs. A housing element is expected to: (1) assess local housing needs, resources, and constraints; (2) identify sites to meet future housing needs; (3) provide goals and objectives to maintain, improve and develop local housing; and (4) provide a five-year master plan to meet the City's share of regional housing needs. Discussion The primary items addressed in the Housing Element that affect the City of Temecula include the following: compile community population trends and demographic information; inventory the existing housing stock; assess special community housing needs; identify the City's regional housing allocation; and address constraints to providing adequate housing. The key aspects of the Housing Element are: · Provide housing opportunities to meet the needs of existing and future residents; · Provide affordable housing; · Remove governmental constraints in maintaining and developing housing; · Conserve the existing housing stock; and, · Provide equal access to local housing opportunities and prohibit discrimination. Planning Commission Hearings The Planning Commission received limited public testimony and no major issues were identified. As a result, only minor changes were made to the draft of this element. Comments from State Department of Housing and Community Development The Draft Housing Element has been circulated to the Department of Housing and Community Development (HCD) as required by State Law. HCD reviewed the Draft document in July of 1992, and provided a number of comments regarding consistency with State Law. The City's response to HCD comments were incorporated into the Draft General Plan recommended for approval by the Planning Commission. The most significant revision was the removal of target densities from the Medium and High Residential Land Use Designations. Because the City's highest density is only 20 dwelling units per acre, it was HCD's opinion that any constraints placed on achieving the maximum density could result in an undue hardship or governmental constraint, in providing affordable housing. S~'GENPLAN'~GP'CC7 3 State Deadline fo~ Geneel Plan Adoption: November 25, 1993 After the Planning Commission recommended approval of the draft Element, staff sent a copy of the updated version to HCD for additional comments. Staff received a second set of comments from HCD on March 19, 1993. The section on Governmental Constraints was expanded in response to HCD comments. In addition, broader provisions for emergency and transitional housing will be provided in the Development Code. 3. CLEAN-UP ITEMS And REVISIONS ADDENDUM Throughout the Public Hearing process, the City Council has been taking straw votes on the individual elements· Along the way, Council has directed staff to make various corrections to the text and exhibits within the Plan. Staff has made the requested modifications and included them in a Revisions Addendum attached to this report. The addendum consists of all recommended changes to the General Plan Elements provided during the Public hearings before the City Council. Only those pages of the Draft General Plan, where modifications are recommended, are included in the Revisions Addendum. The following section includes aspects of the General Plan that require further City Council direction· CIRCULATION ELEMENT North General Kearney During the discussion of the Circulation Plan, staff was directed to remove a section of N. General Kearny Road (NGK) from between Call. Norte and Call. Madera. (The N. General Kearny reference has also been removed from Policy 1.3, Page 3-9 of the Circulation Element). At the March 16, 1993 City Council Meeting, a homeowner from Meadowview addressed the Council concerning NGK between Call. Madera and Nicolas Road. Specifically, the width of NGK to be improved by Tract 23583. As a result of this input, staff was directed to investigate and present its findings to the Council· Although this item is not a General Plan issue, its outcome may have impacts on the Circulation Plan. Because of this, staff is requesting some Council direction at this time. Staff's research has shown that the full width right-of-way has been offered and accepted for dedication as a public street and utility easement on Tracts 20848, 22786, and 23583. While the-dedicated rights-of-way vary from 88 feet wide to 110 feet wide, the physical improvements have been completed only within the 88-feet wide portion fronting Tracts 20848 and 22786. In analyzing the situation, staff examined 3 alternatives (See Exhibit B): Terminating North General Kearny Road at proposed Corte Coelho, and constructing a cul-de-sac just southerly of Deer Meadow Road· e Terminating North General Kearny Road at extended Calle Olvera, and constructing a cul-de-sac just southerly of Deer Meadow Road· Reducing the proposed 64 feet wide paved roadway to 44 feet wide paved roadway within a 66' foot right-of-way (see exhibit) from Calle Madera northerly with a transition to the presently constructed 64 feet wide portion southerly of Deer Meadow Road. S~GENR, AN%GP.CC7 4 State Deadline for Genorad Pten Adoption: November 25, 1993 Staff contacted the various departments, utilities, and agencies most likely to be affected by the proposed changes in both the roadway classification and physical width end accessibility elements. A summary of the responses from these parties can be seen in Exhibit A. The consensus of the respondents is that a through street best serves their short and long term purposes. Any vacation of the street right-of-way will necessitate provision of, at the minimum, public utility easement reservations and the construction and maintenance of an access roadway for said utilities. The relocation of projected future traffic volumes to other local streets will likely occur in varying degrees with each of the alternatives with the least significant impact occurring under Alternative Three. Vacation of portions of NGK will be required under all of the proposed alternative alignments. Staff will evaluate the several options arising from the City Council's direction and/or selection of the preferred alignment. Any excess land areas would revert to underlying fee owners or fronting lot ownerships. Each alternative would also require revisions to existing approved improvement and grading plans and improvement bonds and agreements. These revisions would be performed by the developer at their cost. However, this would be more than offset by anticipated reductions in construction costs. Staff is requesting Council direction on which alternative the City should pursue. Based on that direction, staff will bring back a Resolution of Intent to Vacate for Planning Commission recommendation and City Council action. Nicolas Road Extension During the Planning Commission review of the Circulation Plan, Nicolas Road was extended across Winchester to Margarita Road. This was as a result of a supplemental analysis (See Attached) done to determine the need the N. General Kearny extension. According to the supplemental analysis, the Nicolas Rd. extension only benefitted the circulation network with the NGK extension. Therefore, with the NGK extension removed from the Circulation Plan, staff also recommends the Nicolas Rd extension be removed from the Circulation Plan. GROWTH MANAGEMENT/PUBLIC FACILITIES ELEMENT School Facility Policies As a result of joint meetings between the Council and the School Board, the District Staff provided revised language for the School Facility Policies within the General Plan. In addition, they included a copy of Riverside County Resolution 92-164. The District recommended that the City adopt a similar resolution for school facility impact mitigation. As before, City staff referred the revised language and resolution to the City Attorney's office for comment. In summary, the City Attorney believes the County Resolution is contrary to the language of SB 1287 and relevant case law. Therefore, it is recommended the City Council retain the current School Facilities Policies and not adopt a school facilities impact mitigation resolution until a final resolution of the issue occurs through legislation or case law. S~GENR. AN'~GP. CC7 5 State Deadline for Getted Ran Ad~tio.: N~vembor 25. 1993 COMMUNITY DESIGN ELEMENT Chaparral Opportunity Area At its June 15, 1993 meeting, the City Council tentatively approved keeping the Chaparral area as a special study area. However, the Council directed staff to continue to work at developing criteria for the Chaparral Area in order to accommodate land planning for the Chaparral area prior to the adoption of the General Plan. Staff has further studied the Chaparral Area end is recommending the following changes: Remove the Chaparral Area from the Special Study Overlay. Remove the area south of Santiago Road from the Chaparral Area. Designate the Chaparral Area as Low Density. Assign the L-1 Zoning District which will set · minimum lot size of I acre. Include a section in the Community Design Element establishing criteria for development for the Chaparral Area. Staff believes the proposed changes to the Cheparrel Area will address the various concerns previously raised by the Council. The Low Density land use designation will allow for greater use of the property, however the criteria found in the Community Design Element (found in the Revision Addendum) will provide for appropriate transition and protection of natural resources. To assure a better transition from adjacent areas, lots adjacent to Santiago Rd. shall have a minimum lot size of 1.75 acres. A property owner would be able to develop half acre lots upon showing justification through a zoning amendment· No general plan amendment would be necessary. ENVIRONMENTAL IMPACT REPORT Background An environmental impact report is a document which is intended to describe and analyze potentially significant environmental effects and discuss ways to mitigate or avoid these effects. The legal requirements for the preparation and adoption of an environmental impact report are contained in the California Environmental Quality Act, as amended (CEQA), and further explained in the CEQA Guidelines prepared by the Governor's Office of Planning Research. Contents of an Environmental Impact Report The purpose of an environmental impact report (EIR) is to provide information to decision makers, responsible and affected agencies, and the public about what is likely to occur as a result of the proposed project. To facilitate this goal, the California Environmental Quality Act and Guidelines require that an environmental impact report provide the following information: 2. 3. 4. 5. A description of the project; A description of the project's physical end environmental setting; The significant environmental effects of the project; The project's unavoidable significant environmental effects; The mitigation measures or actions needed to reduce the effect of the project on the S~GENPt, AN%GP. CC7 6 State Deadline for General Ran Adoptien: N~vember 25, 1993 7. 8. 9. 10. 11. 12. 13. 14. environment; The alternatives to the proposed project; The relationship between short-term uses and long-term productivity; The significant irreversible effects and changes which would .result .from the project; The project's growth inducing impacts; The environmental effects which were found to not be significant; The project's significant cumulative effects and, The comment letters received on the draft EIR; The responses to the comments received on the draft EIR; and, A list of persons, organizations, and agencies consulted with or commenting upon the draft EIR. Process for Preparing and Certifying EIR's In additions to the contents of an environmental impact report, State Law also contains standards for the preparation, notification, review and comment, and certification (adoption) processes· The standardized process for the certification of an EIR is as follows: 5. 6. 7. 8. Notice of Preparation (of an EIR) to solicit public and agency issues and concerns and determine the scope of the EIR; Preparation of the Draft Environmental Impact Report (DEIR); Notice of Completion (of an EIR) end the distribution of the DEIR for public review and comment; The response comments received on the DEIR; Preparation of the Final EIR (FEIR); Certification that the EIR was prepared in accordance with the provisions of CEQA; Adoption of a Statement of Overriding Considerations; and, Notice of Determination (that a decision has made using the FEIR). Initial Environmental Study The Initial Environmental Study (IES) was completed for the Draft General Plan and a Notice of Preparation (NOP) was issued on April 15, 1992. The IES identified a number of potential impacts associated with the following issue and resource areas: · Geology and seismicity · P o p u I a t i o n, h o u s i n g a n d · Air Quality · · Hydrology · · Biological resources · · Noise · · Land Use · · Agricultural resources · · Safety and the risk of upset · employment Transportation and circulation Public services and utilities Aesthetics Light and glare Cultural resources Parks, recreation and trails Fiscal impacts The City received a number of responses to the NOP from a number of federal, state, and regional organizations and individuals on the scope and content of the proposed environmental impact report and these comments and concerns were considered in the preparation of the Draft EIR. The Initial Environmental Study is included in the Draft EIR Technical Appendices. S%GENPLAN~GP, CC7 7 State Deedline for Genefd Ran Adoption: Novme 25, 1993 The Draft Environmental Impact Report (DEIR) was completed in August, 1992. The DEIR was sent to responsible and trustee agencies and previously identified interested parties. The official public comment period for the DEIR was from August 14, 1992 to October 2, 1992. During the comment period, the City received 13 comment letters from 12 different agencies or organizations. In addition, a letter was received after the comment period ended. This letter was also considered in the preparation of the FEIR. The majority of the comments were focused on the continued identification and preservation of biological resources. Air quality, circulation, aesthetics, and agriculture were also discussed in the comment letters. Significant Environmental Effects The following table lists the identified environmental issues and the level of significance of the impacts after mitigation. ENVIRONMENTAL IMPACTS Geology and Seismic Hazards Air Quality Hydrology Biology Noise Land Use/General Plan/Zoning Agricultural Risk of Upset Population/Housing/Employment Transportation/Circulation Fire Service Police Service Hospital Service Paramedic Service Education Library Water Sewer Solid Waste Electricity Natural Gas LEVEL OF SIGNIFICANCE AFTER MITIGATION Mitigated to a level of insignificance Significant No significant impacts Significant Significant Mitigated to a level of insignificance Significant Mitigated to a level of insignificance No significant impacts Significant Mitigated to a level of insignificance Mitigated to a level of insignificance No significant impacts No significant impacts Significant Significant Mitigated to a level of insignificance Mitigated to a level of insignificance Mitigated to a level of insignificance No significant impacts No significant impact S%GENPLAN~GP. CC7 8 State Deadline f~ General Ran Adeption: November 25, 1993 · ENVIRONMENTAL: IMPA'CTS ' ':.~ :.I~EV;L";OF: SIGNIFICANGE. ;AFTER MITIGATION· Aesthetics Mitigated to a level of insignificance Light and Glare Mitigated to a level of insignificance Cultural Resources Mitigated to a level of insignificance Parks/Recreation/Open Space Mitigated to a level of insignificance Fiscal Impacts No significant impacts Statement of Overridina Considerations The Environmental Impact Report lists 26 environmental impacts, seven of which cannot be mitigated to a level of insignificance. These are: air quality, biology, noise, agricultural, transportation/circulation and library services. As a result, the City will need to adopt a statement of overriding considerations. State Law requires the City to balance the benefits of the General Plan against those environmental impacts that cannot be mitigated to a level of insignificance. In order to make a statement of overriding considerations the City must make written findings to support its action. Attached for the Commission's consideration is a Statement of Facts and Findings and Statement of Overriding Considerations. This attachment documents the impacts, considers alternatives to the General Plan and makes findings supporting the Statement of Overriding Considerations. Mitigation Monitorina Proqram State law requires the City to adopt a mitigation monitoring program to ensure implementation of all mitigation measures included in the EIR. The Program describes the roles, responsibilities and procedures in implementing the mitigation measures. The program includes a matrix which highlights, the mitigation, the key City department and the timing of each mitigation. The program is subject to change up to the point it is formally adopted by the City Council. A Mitigation Monitoring Program has also been attached for the Commission's consideration. Planning Commission Hearings During the January 4 and 24, 1993 Public Hearings, the Commission received limited testimony on the EIR, Statement of Overriding Considerations and mitigation Monitoring Program. The Commission made a few minor modifications to these documents. As a result of the discussion on the School Facility Policies, The Planning Commission listed the Education Environmental Impact as a Significant Unavoidable Impact within the Statement of Overriding Considerations. The School District has not yet provided information or data to verify this action. S\GENPt. AN~GP. CC7 9 State Deadline fix GateFad Ran Adoption: November 25, 1993 CONCLUSION The General Plan Consultants and Planning Department believe the Community Design, Open Space/Conservation, Growth Management/Public Facilities Elements have been adequately revised to respond to comments received by individuals, groups, and other agencies. Attachments: 2. 3. 4. 5. 6. 7. Revisions Addendum - Blue Page 11 Exhibit A NGK Agency Responses - Blue Page 12 Exhibit B NGK Alignment Maps - Blue Page 13 Exhibit C NGK Proposed Street Section - Blue Page 14 Exhibit D NGK Street Traffic Matrix - Blue Page 15 ' NGK Supplemental Traffic Analysis - Blue Page 16 Attorney Opinions on School Facility policies and SB 1287 - Blue Page 17 S\GENR,AN%GP.CC7 10 State Deadine for Gene~l Pbm Adoption: November 25, 1993 ,,,,,---, ATTACHMENT NO. 1 REVISIONS ADDENDUM S\GENPLAN%GP. CC7 11 State Deadline for General Plan Adoption: Novevtber 25, 1993 CITY OF TEM'ECULA REVISIONS ADDENDUM INTRODUCTION The Revisions Addendum consists of the recommended changes to the elements of the Draft General Plan dated February 16, 1993. The pages included in the Revisions Addendum are only those pages of the Draft General Plan where additions or deletions to language or mapping are recommended. The additions are shown in bo/d/ta//cs and deletions are show with a strikc out. The recommended changes are the result of input received during the Public Hearings, staff review, and from written comments by State Department of Housing and Community Development. CITY OF TEMECULA Land Use Element III. GOALS AND POLICIES Goal 1 A complete and integrated mix of residential, commercial, industrial, recreational, =r.-~_ public and open space land uses. Discussion A well-balanced community provides a broad range of land uses that are planned in desirable patterns and intensities. By pwviding for a balanced mixture of land uses, the City can achieve a suitable inventory of housing for a range of income groups, a viable commercial and employment base for residents and surrounding communities, ample open space and recr~tional opportunities, and adequate public facilities and services. Policy 1.1 Review all proposed development plans for consistency with the community goals, policies and implementation program of this General Plan. Policy 1.2 Pwmote the use of innovative site plsnning techniques that contribute towards the development of a variety of residential product stylcs and designs including housing suitable to the community's labor force. Policy 1.3 Require the development of unified or clustered community-level and neighborhood-level commercial centers and discourage development of strip commercial uses. Policy 1.4 Consider the impacts on surrounding land uses and infrastructure when reviewing proposals for new development. Policy 1.5 Support the development of light industrial, manufacturing, research and dcvclopmcnt, and office uses to diversify Tcmccula's economic base. Policy 1.6 Provide well defined zoning and development standards and procedures to guide private sector planning and development. Policy 1.7 Require the preparation of specific plans as designated on the Land UBe ~ Specific Plan Overlay to achieve the comprehensive planning and phasing of development and infrastructure. Policy 1.8 Consider taking the lead on preparing specific plans for areas designated on the Land Use Plan that have multiple landowners. Policy PER CC DIRECTION Encourage planned unit developments flexible zoning techniques in appropriate locations to preserve natural features, achieve innovative. site design, achieve a range of transition of densities; pwvide open space and recreation facilities, and to provide necessary amenities and facilities. TEM4nX0~OP-t2~.USE · Draft Dam: July 26, 1998 Page 2-9 VILLAGE CENTER OVERLAY PER CC DIRECTION General Plan Program i PLANNING FIGURE 2..4 SPECIFIC PLAN OVERLAY Approved Specific Plan Areas Proposed Specific Plan Areas No~e: ~ee nam~ of Specific Plan Arm on follo~nj I~Be. General Plan Program Ti THE PLANNING FIGURE. 2-5 CITY OF TEMECULA Land Use Element Legend for Specific Plan Overlay Figure 2-$ (Continued) APPROVED SPECIFIC PLAN AREAS A. Winchester Mesa B. Rancho Spa and Country Club C. Warm Springs D. Silverhawk E. Mountain View F. Margarita V'~lage G. Rancho Highlands H. Paloma del Sol I. Vail Ranch J. Redhawk J.1. Roripaugh Hills FUTURE SPECIFIC PLAN AREASt K, Winchester 1800 L. Quinta Do Lago M. Murrieta Springs #1 N. Borel Airpark O. Crown Valley Village P. Hot Springs Village Q. Johnson Ranch R. Roripaugh 800 S. Winchester Hills T. Winchester Meadows Busin~s Park U. Temecula Regional C_~nt~r V. Campos Verd~s W. Old Town X. Unnamed Specific Plan Unnamed Specific Plan ZpZ2,Z~. Unnamed Specific Plan AA. Murdy Ranch LOCATION Area of Interest Area of Interest Area of Interest Sphere of Influence Sphere of Influence .City of Temecula City of 'I~mecula City of Temecula Sphere of Influence Sphere of Influence City of Temecula LOCATION Sphere of Influence Sphere of Influence Sphere of Influence Sphere of Influence Sphere of Influence Area of Interest Sphere of Influence Sphere of Influence/ City of Temecula City of Temecula City of Temecula City of Temecula City of Temecula City of Temecula City of Temecula City of Temecula City of Temecula City of Temecula names of tke Future SpecOk Plan Areas are subject to vhange. TEM-0ZX02GP-LND.USE · Draft Date: July 2.6, 1993 Page 2-38 CITY OF TEI~IECULA Land Use Elemen~ PER CC DIRECTION D. Special Study Overlay The Special Study Overlay designation is intended for those areas in the community that require a comprehensive, detailed evaluation of development opportunities and counts. The City of Temecula will lead the preparaaon of a special study for the Nicolas Valley area as shown on Figure 2-6. The land use designations identified on the Land Use Plan are based on existing lot patterns, access constraints, lack of infrastructure, topography, and other considerations. The purpose of the special study is to recommend any changes to General Plan land uses based on a detailed evaluation of the following: the provision of flood control, sewer, water and other services; impacts on surrounding development in terms of traffic, light, noise, and other impacts; methods to provide a transition between rural and suburban/urban development; topography and related visual impacts of development; exisang lot patterns; traffic circulation and impacts on level of service; vegetation and wildh~re resources; and the provision of recreation trails and open space linkages. The special study(s) should also identify a arategy for financing and phasing of infrastructure and other public improvements. Future development must be consistent with the adopted recommendations of the special study. Should development be proposed prior to completion of the study, the land use should be consistent with the existing General Plan designation. If the Special Study includes recommendations that necessitate an amendment to the Gensml Plan, the cost of the amendment shall be borne by the City of Temecula. July ?6, 1993 Page 2-42 SPECIAL STUDY OVERLAY General Plan Program PLANNING FIGURE 2-6 CITY OF TEMECULA Circulation Element III. GOALS AND POLICIES Goal I Strive to maintain a Level of Service "D " or better at all intersections within the City during peak hours and Level of Service '*C" or better during non- peak hours. Discussion The level of service concept is defined as a qualitative measure describing operating conditions at an intersection or along a roadway segment. A level of service definition generally describes operating conditions in terms of factors such as speed, freedom to maneuver, traffic interruptions, delay, comfort and convenience, and safety. I~vel of S~rvicc "D" is typically considered tolerable ff limited to the peak hour periods when traffic flows are heaviest. The stated level of service goal serves as the foundation for providing a street network that moves people and goods safely and efficiently throughout the City while ensuring that traffic delays are kept to a minimum. Policy 1.1 Establish street standards and all new roadway facilities shall be constructed or upgraded to meet City standards wherc feasible. Policy 1.2 Require an adsquats evaluation of potential traffic impacts associated with new development prior to project approval, and require adequate mitigation measures prior to, or concurrent with, project development. Policy 1.3 PER CC DIRECTION Use the Circulation Element Roadway Plan to guide detailed planning and implementation of the City's roadway system. Tko North Gonoral Koarnoy Road oxtonsion linking Nioolns Road to tho roslignod Margarito Road will not bo implomontsd until tho following major srtorial roads and improvemonts kave boon oomplaodt lhtttsrfisld Stage ~oad vxtonsion from lligl~vay 79 South to Murrista Hot $p~ngs Roadl Overland Drive Ovorpassl Margarit, Road from Solaria to Murriota llot Springs Roadl W4nshoater Road (llig,hway 79 Noah) widoning to six ianvs from Ysoz Road to Auld Roadt W4nokogor Resd/l 15 intsrshange i..provomvutsl Nioo!as ,n, oad vastorly from Winoksstor ,n, oc.d to Buttot2~dd Etago Murriota llot Springs Road vast from t$~nokostor Road to lhtttsrJioM 8tagt~ Roadl and Calla Cirasol to Calla Chnpoa to Waloott Lano (bot~voon La Sorena and Nioota~). TEM-01M}3OP-CIR.CUL · July 26, 1993 Page 3-9 CITY OF TEMECULA Circulation Element PER CC DIRECTION In nddition, City staff sknl! study the rodo~g..ntion of llighw, vy 79 North from a 8this lligt;way to a C~ty Urban Aftovid, e..d the rseir~oaon of waj~o g~nvn~tsd from o.tsids ti.e City to a toll rsad. The Genen~i Plan Cin~intion P, len si~ll be pm, iodieslly studisd at $, 10> 15, and 20 ysar baiHmtt p~,'oils to m~shtffte the ~wed for the Nm, th Cvnoral Kearnvy Rsad extortslion. If the Noah Gone~l Koa~nay lts~# wttonsion is to ro...t~ on the Cirmdntion Plffn, spedfie studioa mu~ bo undortalwn and pt:blis~lly noaoed p~or to tko implementffaon of tke rsadwa)~ including an Environmentel Impact Rsport tJ:ttt is in eomplinnev ~itk tho thon aoeepto$1 CgQA gHidslines for noise b~fforing and public safety. Policy 1.4 Policy 1.~ Pursue trip reduction and tran.~portation systems management measures to reduce and limit congestion at intersections and along streets within the City. Periodioally Update every three years, or as needed; "build-out" traffic forecasts to monitor the impact of development approvals and the adequacy of the Circulation Element Roadway Plan. Goal 2 Enhance traffic safety on City streets. Discussion The safe operation of vehicular traffic on City streets is a concern of both City officials and residents of the community. The following policies are directed towards minimizing safety hazards and encouraging safer operating conditions on City streets. Policy 2.1 The City shall enforce speed restrictions throughout the City. Policy 2.2 Require that future roads and improvements to existing roads be designed to minimize traffic confficts such as those which result from curb parking maneuvers and uncontrolled access along heavily traveled roadways. Policy 23 Require that the development of new private driveways do not introduce significant traffic conflicts along major streets and primary residential collectors roads. Policy 2.4 Require that vehicular and pedestrian traffic be separated to the maximum extent feasible. Policy 2.5 Establish an ongoing maintenance program to ensure the safety of the City's roadway system. TEM-OX~0SOP. ClItCUL · July 26, 1993 Page 23-10 CITY OF TEME~ Circulation Element PER CC DIRECTION IV. CIRCULATION PLAN The Circulation Plan developed for the City of Temecula has been designed to meet the following objectives: To provide adequate capacity to accommodate the travel needs resulting from the General Plan Land Use Element as well as from anticipated development in adjacent Riverside County and City of Murricta axeas; and · To maintain a positive quality of life in Temeeula. The proposed Circulation Plan for the City of Temecula Sphere of In~uonoe and Area of Interest and Sphere/Area of Influence, and Environmental Study Area, is illustrated in Figure 3-1. The alignments shown for future planned roadways are preliminary and are subject to refinement based on future engineering studies. Figure 3 1 depicts the rocommended oirculntion syotsm for areas outt:ids the City and Sphere and illuctrate6 the continuity and internotion of the City's Ciroulntion Plan with tho surrounding oiroulntion 6yetore. Figures illustrating the planned continuity and interaction of the City's Circulation Plan with the surrounding circulation system are included in the General Plan EIR Appendix, Volume III. A. Principal Plan Features While all components of the Circulation Plan arc important, some of the Plan features are being highlighted in this section. These features have been selected based on one or more factors: · The facility serves as a primary traffic carrying arterial within the City; The facility represents a significant change from the previous SWAP Circulation Element; and/or · The facility/corridor includes special design features or serves a special function. The principal features of the Circulation Plan include: Designation of Winchester Road, east of Jefferson Avenue, as an "access restricted" Urban Arterial with special added easements reserved for future transit or travel demand management use. Designation of State Route 79 (south), east of 1-15, as an "access restricted" Urban Arterial to Butterfield Stage Road and an "access restricted" Arterial east of Butterfield Stage Road. Designation of Butterfield Stage Road as an "access restricted" Arterial north of State Route 79 (south) except for the segment between Nicolas Road and Boxel Road which would be an "access restricted" Urban Arterial. TEM-OI~OSOP-QR. CUL · July 26, 1993 Page 3-15 CITY OF TEMECULA Housing Element V. CONSTRAINTS A. Governmental Constraints Governmental constraints are policies, standards or requirements imposed by the various loveIs of government on development. Although federal and state agencies play a role in the imposition of governmental constraints, these agencies are beyond the influence of local government and are therefore not addressed in thIs document. The following factors constrain the maintenance, improvement, and/or development of housing in Temecula: land use controls; building codes; processing procedures; and development fees. The General Plan Is the foundation of all land use controls in a jurisdiction. The Land Use Element identifies the location, distribution and intensity of land uses in the City. The primary instruments for implementing the General Plan will be the Zoning Code and Subdivision Ordinance. The current Zoning Code being used by the City is the County of Riverside's Ordinance 348. The City is currently preparing a Development Code which will be consistent with its General Plan. For purposes of the Housing Element, an analysis of the Draft Temecula Development Code is providetL This analysis may be further refined during the next Housing Element update, when the Development Code will be adopted. The current Subdivision Ordinance being used by the City is the County of Rivwside's Subdivision Ordinance 460. The City expects to conanue to rely on the County's Code for at least the next fiscal year. The proposed Temecula Development Code incorporates residential standards that will enable the continued development of higher density projects as constructed under the County's Zoning Code and Subdivision Ordinance. The proposed Development Code contains seven residential classifications, which cover the six General Plan Land Use designations. The land use controls pertnit by right single family residences in all zones except the Medium and High Density categories. Townhomes, multifamily housing, and mobile homes are permitted by right in the Low Medium, Medium, and High Density zones. In addition, the Code provides for a Village Center Overlay and a Planned Development Overlay. The Development Code regulates such features as building height and density, lot area, setbacks, and open space requirements per zoning district. The overlay zones are a special designation which are subject to site-specific regulations. Approval for development in the Village Center Overlay requires satisfaction of performance standards articulated in the Development Code. These standards reflea a focus on unique and creative development that promotes integration of retail, open space and residential uses. Diversity of housing, including affordable housing is one factor in the ptrfortnanct standards. The Planned Development Overlay also provides flexibility in development 'n~-0~X04OP-HOU.SZ~O · January 4, 1993 Pa~ 4-33 CITY OF TEMECULA Housin~ Element standards. Development standards for the seven residential zoning classifications are provided in Table 4-19. Dra~ Residential Development Standards Minimum Lot Aria Minimum Average Net Lot Area p~r Dwelling Maximum Dwelling Units Per Am l. Or Minimum Width at Required Front Setback Area Minimum Average Minimum Front Yard Minimum Corner Side Yard Minimum Interior Slde Yart Mlnhtmm Rear Yard MAXIMUM !!EJG!!T MAXZMUM 96 OF LOT COVEPAGE OPEN ~PACE REQUIRED Private Ope~ Space/Per Unit NoU$: 1. Table 4-19 Draj~ Residential Development Standards HR VL L4 L-2 Stnior Citizen Housing or Congregatt Care Facaiat$:. pamiued up w 30 DUIAC in the H Distt~ 18 DUIAC in the M District, and 12 DU/AC in the LM District. 2. Variable Setbade: In order to allow for a more interesting visual image and more ~etible site planning variable setbacks may he permitted in the L-2, LM, M and H districts. Front yard setbacks shall have an average of at least twenty feet. Garages with entrances not facing the from yard area may he setback a minimum of IO ]~. Other portions of a structure may have a front yard setback of a minimum of ten feet; how~wr, tiw average setback of twenty feet shall be maintainell 3. Variable Sidt Yard Sma~P_J~ Variable side yard Setbac~ may be permitted provided the sum of the side yard a zero lot ~ arrangement with a zero setback on one side yard and fifteen feet on the oppoxi2 side yarcL Soillye: 1'he development standards are based on the Dra)~ Development Code dated March 1993, prepm'ed by The Planning Development standards may add to the cog of housing because the standards may necessitate additional construction and building materials and labor. These standards are enacted for the protection of the community's health, safety and welfare. Modb~cation or flexib'di~ in development standards can reduce the cog of housing construction, which may in turn, result in lower housing prices. In Temecula's proposed Development Code, variable setback standards are allowed, which provides more flexibility in site planning, paracularly on irregularly shaped parcels. In addiaon, residential development in both the Planned Development and Village Center Overlay Zones can take advantage of even greater flexibility in development standards for these areus. It is expected TBM-OlXO4OP-HOU..9,10 · January 4, 1993 Page 4-34 CITY OF TEME~ Housing Element that d~velopment under these standards in #hose =m~s will promote a wider range of housing opportuniti6 in comparison to the traditional zoning districts. The identification of affordable housing as a factor in the performance standards for the lrdlage Center Overlay provides a mechanism for the reali~aon of this objecave. Parking requirements in the Draft Development Code call for two covered spaces per single family residence with three or fewer bedrooms, and three covered spaces for a single family residence with four or more bedrooms. Parking requirements for multifamily housing are generally two spaces per unit, with an additional requirement of one guest space per every four units. Parking requirements for Senior Citizen housing and Congregate Care are reduced to .q spaces per unit and one space per five units for guest parking. Temecula's draft standards are comparable to other cities in Riverside County and are not identified as a constraint to development. 2. Subdivision Ordinance State law requires local governments to adopt a Subdivision Ordinance. The Subdivision Ordinance governs the' process of convening raw land into development sites.n State Law grants local governments the authorities to regulate the design and improvements of subdivisions and to impose dedication and exactions on developers. The Subdivision Map Act establishes statewide uniformity in local subdivision procedures; standards for design and improvements are left to local government discretion. As noted above, the Subdivision Ordinance being used by the City is the County of Rivm,side's Subdivision Ordinance 460. The Subdivision Ordinance like all land use controls, can be so restrictive as to increase cost of development and stifle development interest. The Subdivision Ordinance used by the City is the same or similar to the requirements imposed by many other local governments in Riverside County, and therefore does not pose any special constraints on the production of housing. Temecula conforms to the procedural requirements established in the Subdivision Map Act and does not impose additional requirements. 3. Building Codes Building Codes regulate the physical construction of dwellings and include plumbing, electrical and mechanical divisions. The purpose of the Building Code and its enforcement is to protect the public from unsafe buildings and unsafe conditions associated with construction. The City of Temecula enforces the Uniform Building Code as established by State Law. State affords local government with some flexibility when adopting the uniform codes: the building codes can be amended based on geographical, topelogical or climatelogical Note: Condominium and stock cooperative conversions are also subject to the Subdivision Map Act, TBM-01MMOP-HOU.SNO · January 4, 1993 Page 4-35 CITY OF TF.,.MECULA Housing Element Housing ProFErn PROVISION OF 'ADEQUATE HOUSING SITES Landbsnkin~ Acquire sMs (or funds) for Table 4'25 City of Temecnla Housing Plan Summary (# on~ m h, Fumln~ AdeqUatemsidentislsilssto accommodate ~e regional fair share determined at ;Fd) 129 Vsy I. sv;, ~s137 Lower;, AboveModenmincome househokls. ee.~,,~,ra~tl ~ kkstkl ~ Bedlure and HIgh Reslds~sl Degslty zDnss, shelfera In the remaining Commffdal srd Industrial s~J8.t ~ dboreler.~ry Develop a Landbanking ASSIST IN DEVELOPMENT OF AFFORDABLE HOUSING Density Bonus Encourage Program development of through provision of Mortgage Revenue Increase supply of Bond Financb~g rental ownership units affordable to Iow-andmoderee- or Handicapped Housing hanmcap~. Incorporate Density Bonus Program into Zoning Ordinance. Include Fortsions to ensure the continued affoKlabllty of units. Work wire Riverride County in securing tax exempt MRB hnc~ The~vebk~ the slngb family program and to promote the use of midfamily MRB financing. Support all viable nonprofit None None necessa~ m part of lhe Zoning code. The Second Unit Ordinance sha~pennitsecondunitson reddereal lots zmecl for single and multifamily residenMI use. Include in ~e Ordinance second-unib intended for occupancy by pemons over the Responsible TIme Agency Frame Planning Depamnent Two Years Two years Planning Deparlment One year Pkmnlng Ongolng Redeveloprent Agency TEId-OIM),~3P-HOU. SNO · January 4, 1993 Page 449 CITY OF TEM~CULA Housing Element A. Provision of Adequate Housing Sites 1. Land Use Element/Zoning Ordinance The Land Use Element of the General Plan and the Zoning Ordinance provide the planning and regulatory framework necessary to achieve adequate housing sites. The Land Use Plan provides for development of a range of housing, at varying densities. The densities range from .1 units per acre for lands in areas designated Hillside Residential, to 20 units per acre in the High Density category. The Zoning Ordinance can pwvide regnlatory incentives for the development of affordable housing. The Density Bonus allows for additional intensity in residential development which includes affordable housing. With regard to the needs of the homeless, the Zoning Ordinance will allow for development of emergency and transitional shelters in specified areas. Objective: Adequate residential sites to accommodate the regional fair share determined at 25~129 Very Low; 155137 Lower;, 151171 Moderate; and ~r5433 Above Moderate income households. 2. Sites for Emergency and Transitional Shelters The homeless population refcrs to persons lacking consistent and adequate shcltcr. Homeless persons can be considered resident (those remaining in an area year- round), or transient. Emergency and transitional shelters can help to address the needs of the homeless. Emergency shcltcrs provide a short-term solution to homclessness and involvc limited supplcmcntal services. Transitional shelters, in contrast, are directed at rcmoving the basis for homclessness. Shcltcr is provided for an extended period of time, and is combined with other social services and counseling to assist in the transition to serf-sufficiency. Objective: Adopt a Zoning Ordinance which permits transitional and emergency housing in oommeroial and industrial s~ones Me.d/urn and High Residential Density zones, and conditionally permits shelters in the remaining Residential zones and Commercial and Industrial zones. Thee tmo~ will be subject to discretionary approval. 3. Landbanking Landbanking is the acquisition of land by public agencies in anticipation of future development. This technique serves as a hedge against speculation and inflation as it secures land for affordable housing, until further resources are available for their development. Where development of the land is not feasible, the local agency can sell the land at market rate, and capture the increase in value for such public uses, e.g., senior/low-income housing. TBM-01~04OP-HOU.SNO · January 4, 1993 Pagc 4-53 CITY OF TE1V~CULA Open ~pace/Conservat~on Elemen~ A number of additional improvements are currently underway or being planned. These improvements include the construction of a community recreation center, pool complex and amphitheater at the Sports Park, and other facilities at Pala Park. The City has a joint use agreement with the Temecula Valley Unified School District which allows the City to utilize school facilities. School facilities are generally open to the public during non-school hours, weekends and vacations. Due to the partial availability of school recreation facilities to the public at large, such facilities are considered adjuncts to the city-wide park system. Table 5-2 below provides a summary of the existing facilities at the school sites for use by the public. School Sparkman Elementaxy Rancho Elementary Vail Elementary Nicolas Valley ElemenUwy Temecula Elementary Tcm~ula Middle Margarita Middle Temecula Valley High R~d Hawk Elementary Table S-2 Temeeula Valley Unified School District Existing Sehool Faeilities Location Recreation Facilities East of Matgnfita Road, Playgrounds, Handball, Basketball, north of De PortoIn Road Volleyball North of Ln Sorenn Way, Soccerfield, Playgrounds, Basketball, west of Enfield Lane Volleyball, Baseball, Handball North of Rancho Vista Playgrounds, Basketball, So~ball, Road at Mira Lotm Drive Soccerfield, Baseball, HandbaH North of Nicolas Road, Playgrounds, HandbaH, 2askettmll and west of Joseph Road Volleyball Playgrounds, X.]alldbaH, Sw~mmln~ North of Raneho California, Pool, Baseball, Soccerfield, west of Momgn Road South of Pauba Road, west of Butterfield Stage Road North of Keamey Road, east of Via Monterey South of Rancho Vista Road, east of ~ta North of Wolf Valley, West of ButterfisM Stage Volleyball, I-hndball, Baseball, TennL~ Courts, Basketball, Softball, Soccerfield, Football Volleyball, Bandball, Baseball, Courts, Football, Basketball, Softball, Soccerfield Basketball, Tennis Courts, Volleyball, Soccerfield, Gymnasium, Baseball, Football Playgrounds, Basketball, Volleyball, Tetlserball Private recreation facilities are found primarily in planned communities and apartment complexes. These facilities usually include tennis courts or a basketball court. The existing facilities are so few that they have a minor impact on meeting the demand for parks and recreation facilities within the community. Them am also several existing commercial recreation facilities within the City and Sphere of Influence including four golf comes. Two additional goff comes TEM.OINOKIP-OPN.SPA · Date: July 2,6, 1993 Pa~e DRAFT BICYCLE ROUTES Class II and III el, eE Bicycle Trails ~" F"'*"**' Class I Bicycle Trails ..... ~,~ ~- J Connee. is to Lake Skinner Trail System PER CC DIRECTION t 2211 ii ~\ ~ . rJ''J . ,~EMECULA ~ ....... i.i General Plan Program '" .......................... FIGURE 5-2 CITY OF TEMECULA Open Space/Conservation Element Historic and Culturally Significant Resources including: 23 recorded archaeological sites; 47 properties listed on the Historic Resources Inventory prepared by Riverside County; four listings on the California Inventory of Historic Resources; and several historic resources of local importance including the Butterfield Overland Stage Route. The Temecula properties listed in the California Inventory of Historic Resources are the Murrieta Creek Archaeological Area, Temecula's first Post Office, Temecula Quarries, and the Little Temeeula Rancho Adobe. The archaeological sites include prehistoric sites, sites occupied by Native American.% and historical sites associated with the occupation of Temecula Valley by Europeans and Euro-American-q. FiFes 5-6 and 5-7 identify the sensitive archaeological and paleontological resources of the Study Area. Due to the presence of reliable water sources and a fertile valley floor, the Temecula area has always been a desirable place to live. Temecula contains many older structures, historic sites and districts, and archaeological evidence which may be threatened with demolition or removal as urbanization continues. 10. Nighttime skies within the Mt. Palemar Observatory conservation areas. The City is within close proximity to the Palomar Observatory which requires unique nighttime lighting restrictions. Generally, Observatory sites need to be 30 to 40 miles from large lighted areas so that the nighttime sky will not be brightened. The County of 8an DiogoCay of Temecula has adopted an ordinance which restricts nighttime lighting for areas within a 15-mile radius and a 45-mile radius of Palomar Observatory. Southeastern portions of the Study Area arc within a 15-mile radius of the Observatory and should boare subject to stringent lighting controls and some limitation of uses that may generate significant amounts of light and glare to preserve nighttime skies (Figure 5-8). The Open Space/Conservation Plan (Figure 5-9) identifies the undeveloped areas of the Study Area which, at a minimum, should remain as open space or extremely low density development for the conservation of resources, including water, wildlife, and slopes. Policy guidance for the dedication of open space for public health and safety is provided in the Public Safety Element. D. Mineral Resources State law requires the General Plan to address the need for conserving mineral resources within the General Plan Study Area. The State Division of Mines and Geology has prepared mineral resource reports designating the mineral deposits of statewide or regional significance, that are to be used to address mineral resources within the Study Area. The report entitled, Mineral Land Classification of the Temescal Valley Area. Riverside County CaliJ'ornla. Special Report 165. evaluates the mineral deposits of the Temecula Study Area. This report was prepared in accordance with the Surface Mining and Reclamation Act (SMARA) of 1975. The State Geologist has classified areas into Mineral Resource Zones (MRZ) and Scientific Resource Zones (SZ). The zones identify the statewide or regional TEM-0lX0SOP-OPN.SPA · Date: July :26, 1993 Page 5-21 CITY OF TEMECUI.~ Open Space/Conservation Element significance of mineral deposits based on the economic value of the deposits and accessiFtlity. 14qthin the City of Temecula, its Sphere of Influence, and the Environmental Study Area, the zoning classification of MRZ-3a has been applied by the State. The MI~ areas contain sedimentary deposits which have the potential for supplying sand and gravel for concrete and crushed s~one for aggregate, hawever, these areas are determined as not containing deposits of significant economic value based on the available data. 'r!~-0XX0~P-OPN. SI,^ · Date: July 26, 1993 Page 5-22 PAI,OMAR OBSERVATORY LIGHTING IMPACT ZONE 15-Mile Radius Lighting Impact Zone 45-Mile Radius Lighting Impact Zone The City of " "EMECULA General Plan Program FIGURE 5-8 CITY OF TEMECULA Growth Management/Public Facilities Element III. SUMMARY OF PUBLIC FACILITIES AND RELEVANT ISSUES Facilities and services pwvided in Temecula may be categorized as either 1) those under the direct responsibility and authority of the City, either directly or through contract arrangements; or 2) those under the responsibility and authority of another unit of government which are vitally important to the well being of the City and its citizens. The facilities and services under direct City responsibility include: Fire protection (contracted to Riverside County Fire Department) Paramedic Emergency Services (contracted to Riverside County Fire Departmen0 Police/Sheriff (contracted to Riverside County Shefiff's Department) Civic Center Flood Control/Drainage (local storm drain facilities) Solid Waste (contracted to private companies) The facilities and services currently under other governmental responsibility include: PER CC DIRECTION Library (Riverside County) Water Supply (Rancho California Water District) Sanitary Sewer Facilities (F_.astern Municipal Water District) Schools (Temecula Valley Unified School District) Flood Control (major facilities by Riverside County Flood Control and Water Conservation District) Gas and Electric Service The differences are significant in terms of the City's ability to control policies, programs and budget related to these functions. The City has direct control in the first category and therefore exercises direct authority over level of service standards. Where contract services are provided, such as fire and police protection, the City may address level of service standards through the contract process. The City may only influence decisions regarding the second category. Thus, the levels of service may or may not be to the City's liking. In those eases, the option would be to find ways of negotiating changes ff the City desired different standards. An additional consideration is the degree of control the City has over placing conditions of approval on proposed development projects regarding public services that are impacted by a project. Again, the City has the ability to impose conditions directly regarding the first category and only indirectly in the second. A. Fire Protection and Emergency Medical Services The Riverside County Fire Department (RCFD), who operates in conjunction with the California Department of Forestry and Fire Protection (CDF), provides fire pwtection services on a contract basis to the City. The City contract provides funding for 23.6 fire personnel. THM..01X06OP-43RO.MOT · July 2,6, 1993 Page 6-10 PUBLIC FACILITIES · 0 , · , · Existing Fire Stations Proposed Fire Stations Sheriff's Department/ County Justice Center Library Interim City Hall Site French Valley Airport PER CC DIRECTION General Plan Program Ti THE PLANNING FIGURE 6-1 16" Gas Line 24" Gas Line II II II GAS LINES II II II 30" Gas Line The City of ' 'EMECULA General Plan Program # · 8 f i._- · · # · # # i _s PL.ANNINC~ ,) EXISTING OR UNDER CONSTRUCTION 115 K VOLT TRANSMISSION LINES I I I I I I I I I : I I I ~! 1*1 F..... Existing or under construction llS K .Volt Transmission Line General Plan Program PLANNING CITY OF TEMECULA Growth Management/Public Facilities Element C. Solid Waste Disposal The City presently contracts with two private firms for solid waste disposal. Both haulera transport the City's waste to the El Sobrante Land fill, located in unincorporated Riverside County, south of Corona. The El Sobrante Landfill is a Class III landfill with a life expectancy through' the year 2002. The landfill occupies 160 acres and accepts an average of 900 tons per day. Western Waste Industries, the owner and operator of the landfill, has indicated that expansion of the facility could increase the life expectancy. Expansion plans are currently under preparation. The City began implementation of its curbside recycling program in the fall of 1991. The purpose of this program is to reduce solid waste disposal through recycling and cornposting of wastes. Residents in the City separate recyclable materials and garden materials ~'om their waste. Recyclable materials are transported to a center in Perris for processing. Garden materials are hauled to a separate facility for composting, and the remaining waste is hauled to the E1 Sobrante Land fill. Sufficient land fill capacity to accommodate projected growth is an issue the City must address. The City will adopt its Source Reduction and Recycling Element (SSRE) in Fall, 1993, pursuant to State law. Implementation of the SSRE programs are necessary to achieve the 25 percent diversion goal by 1995 and 50 percent diversion goal by 2000. D. Libraries The City of Temecula is a member of the Riverside County Library District. This District maintains 25 library facilities throughout Riverside County, in both unincorporated and incorporated areas. A 15,000 square foot library facility has recently opened in the Walt Abraham Administrative Center, noah of Winchester Road (Figure 6-1). The facility was originally intended to serve residents in the southwest area of unincorporated Riverside County. However, as a result of Temecula's incorporation, the Ternecula Library is now located within City boundaries. The library will contain 50,000 volumes and is anticipated to be adequate to serve the current populations of the Cities of Muftieta and Temecula. The issue of greatest importance to the Library District is adequate funding to provide for its adopted library service standards. The standards call for 1.2 volumes and .5 square feet of library space per capita. The District currently pwvides only .13 square feet and .97 volumes per capita County-wide. Revenue for the Library District is obtained ~'om a Special District tax collected by the County. However, the District competes with other County agencies for this funding, and therefore the level of funding to the County Library is uncertain. Demand for libraries goes hand in hand with population increases. The library is often seen as a community symbol, a source of community identification. Although the Temecula Library is currently adequate to TEM-O1NO6OP-GRO.MCff · August 10, 1993 Page 6-14 CITY OF TEMECULA Growth Management/Public Facilities Element G. Educational Facilities The Temecula Valley Unified School District serves the General Plan Study Area. The District maintains the full spectnun of educational facilities from day care to adult care. Table 6-3 identifies the educational facilities in the General Plan Study Area, with the current capacity and enrollment levels of each facility. Table 6-3 School Facilities Enrollment asof Current July ~ Name Location Capacity 199J Rancho Day Care 31530 La Serena Way ~5 74 -7~ 74 Vail Day Care 29915 Mira Loma Dave O0 74 S4 74 Spa~ Day Car~ 32225 Rio PIe Pico Road 74 74 Red Hawk Day Ca~x 32045 Camino San Jose Cl"eme, cula) 90 ~8 90 Rancho Elemenuln,' 31530 Joan F. Sparkman 32225 Temecula Elementary 41951 Vail Elementary 29915 Nicolas Valley Elementaryx 39600 Red Hawk Elementan/ 32045 il 's~mnhs~csoo~s; (~s).. ]Margarita Middle l'30600 l.,z: Serena Way Pie Pico Road Moraga Road Mira Loma Drive N. General Keamey (Temecula) Camino San Jose (Temecula) . ',["".~.'~'?:' · . ... .;.~:. Margarita Road I .990 930 846 861 500 1j03 5~ 888 ~ 810 57. 750 ~ 755 501 692 550 1,045 '~3_.° 727 ~ 838 5!7 657 1,199 ~75 1,046 t.' Tomecain Middle j 42075 Meadows Parkway 960 1,090 I °..;2 1,009 Temecula Valley 31555 Rancho Vmta Road Rancho Vista 31340 Rancho Vista Road iADUL~SCtlOOL"' ' ' · Tcmcc,.da AduR School 1 31350 Rancho V.,su: Ror~ : i- I.~w. amd 'eatbin Sphere of Influence. 3,120 ~7~ 155 n/a : I 2,198 ~6 137 I rb'a il The District recently completed an expansion phase and as a result has sufficient permanent facilities to meet current student populations through the use of permanent and interim facilities. As shown in Table 6-3, the capacity of school facilities is greater than current student enrollment figures. The District also maintainn currenay uses interim and relocatable facilities to accommodate ctudents in exoeJc of the TBM-0X~0OOP-GRO.MOT · July 26, 1993 Page 6-19 CITY OF TEMECULA Growth Management/Public Facilities Element PER CC DIRECTION Quasi-public uses include churches; counseling centers; cultural facilities (theatres, auditoriums, musenmg, zoos, ew.); day care facilities; medical facilities; social service centers; and similar public serving uses. Quasi-public uses arc frequently, though not always, funded and operated by non-profit organizations. Such uses differ from public facilities and services in that they do not typically have legally prescribed standards and not normally required as a condition of approval for private development projects. It is common to accommodate quasi-public uses through a city's land use policies and regulations, while pr~scribing special dcvelopmcnt standards. Such uses do not generally have level of service standards. Qualitative standards are part of the evaluation and negotiation process associated with each development project as it is proposed. To the maximum extent possiblc, it is desirable to cluster quasi-public uses in activity centers, whcrc the facilities can reinforce other activities (such as retail or service businesses) and benefit from the availability of other services (such as but transportation). Gas and E/ectr/c Serv/ce Southern California Edison supplies electricity to the Study Are via underground and overhead lines. SCE~ main substation is located on Mira Loma Drive in the City of Temecula. SCE is a public uality and therefore functions on demand. Extensions for electrical service to new developments are governed by rules established by the Public Utilities Commission of California. The hierarchy of eaablishing electrical power lines from generation stations to customers is as follows: transmission line; sub-transmission line; and service line. Figure 6-5 locates the exi~ing transmission lines in the community which carry the main electrical supply to smaller distri3u~n lines. Natural gas is provided by the Southern California Gas Company (SCGC). Plasac and steel underground lines are located throughout the Study Area. A small number of residents not serviced by SCGC utilize bottled propane or butane fuel. Existing gas lines are shown on Figure 6-6. T!~-OfiO~OP-~RO~T · July 26, 1993 Page 6-21 CITY OF TEIVIE~ Public Safety Element located over the Study Area. Some existing development in the Study Area, is potentially exposed to air traffic accidents. G. Nuclear Hazards from San Onofre Nuclear Generating Station The San Onofre Nuclear Generating Station (SONGS) is located in Camp Pendleton in San Diego County approximately 25 miles west of Temecula. Radioactive by- products are contained within the plant, with the exception of small quantities of radioactive gas released into the air and liquids released into the Pacific Ocun. The releases are monitored by SONGS personnel; and according to SONGS, radiation exposure due to material releases is less than the typical exposure from natural background radiation. The two most likely sources of radiation contamination are transportation accidents involving transport of radioactive materials and uncontrolled releases at the plant site. The U.S. Nuclear Regulatory Commission has identified the area surrounding every nuclear generating station as an Emergency Planning Zone (EPZ). The State of California has defined the area outside, and adjacent to the EPZ as a Public Education Zone (PEZ). The Federal Government establishes the area with a 50-mile radius around every nuclear generating station as an Ingestion Pathway Zone (IPZ). The Temccula Study Area is located in the IPZ (Figure 7-5). H. Emergency Preparedness The City of Temecula has adopted a Multi-Hazard Functional Plan pursuant to the California Emergency Services Act. The primary objective of the plan is to ensure the effective management of City personnel and resources in responding to emergency situations stemming from natural disasters, technological incidents and nuclear defense emergencies. The plan includes a responsibility matrix which delineates specific responsibilities to City departments or personnel in the event of an emergency. The plan also includes a comprehensive hazard analysis that addresses the seven following areas: earthquake, hazardous material incident; flooding; dam failure; major fire/wildfire; nuclear incident; transportation incident. The Multi-Hazard Functional Plan provides a general guideline on the evacuation routes in the event of a d/saaer. Due to the unpredictability of the impact of a disaster on streets and highways, appropriate evacuation routes cannot be pre- determined. In general, all traffic will be channeled to the nearby freeways, state highways, and other major arterlals. 1-15 wilt serve as the north-south evacuation channel. Winchester Road and Rancho California will be used for east-west evacuation. TBM-0XX07GP-Ptm. SAV · Date: January 4, 1993 Page 7-12 CITY OF TEMECIIA Public Safety Element Once the decision to evacuate is made, the public will be alerted and given evacuation instructions by various means, including school alert/monitor receivers, AM/FM radio announcements, TV announcements, sirens, mobile loud speakers, hailers, and personal contact. Movement information provided to the public will include the foilowing: · Why they must evacuate. · Routes to take, including conditions of roads, bridges, and freeway overpasses. · What to do 0e a vehicle breaks down. · The locations of assembly points for those without access to automobiles. · Where to go for mass care until the emergency situation has passed. Date: January 4, 1993 Pap 7-14 CITY OF TEMECULA Community Desi~Tz Element C. Village Center Concepts The Land Use Element describes the concept of the development of Village Centers throughout the Temccula area. The intent of the Village Center Concept is to provide opportunities for development of mixtures of commercial and residential uses that will minimize vehicular circulation trips, avoid sprawling of commercial development, and offer incentives for high quality urban design. While each of the Village Centers may develop with different criteria, regnlations, and visual themes, there are certain common elements that should be addressed as a part of each Village Center Plan. The following illustrates these common considerations, or what could be described as the '*palette of design concepts" for a Village Center area. Many of these design concepts are also applicable to development projects outside the V'dlage Centers. The development of beneficial mixtures of uses, shared parking fadtines, and pedestrian- oriented design, are e~camples of the concepts that should be encouraged throughout the community. 1. Mixtures of Uses A Village Center is intended to include a diversity of different types of land uses. While retail development may be the primary land use, it is envisioned that the Village Center will also include additional employment opportunities such as offices, and personal service shops. Community meeting centers could be included for private or public activities. Residential development could be integrated with the non-residential uses. The mixtures of land uses could be in separate structures or combined within a single building. One possibility is to have retail use on the ground floor level, office uses on the second level, and residential units on the upper levels. Mixture of uses Residential over office and over retail uses Tm4-0I~t0OP-COM.DSN · Draft Date: January 4, 1993 Page 10-12 CITY OF TEMECULA Community Design Elemem H. Chaparral Area The Chaparral Area is characterized by moderately sloped hillsides above dry washbeds. Exia~g dtvdoptn~nt consists of s~gmented lot ~ of varying sizes. This area provides an opportunity to transiaon down from the larger lots found in the Los Ranchitos and Santiago Estates areas to the south and west. Special development considerations are necessary to assure development does not exceed the carrying capacity of the arm, whil~ ~ providing appropriate transition of density. The methods identified below should be refined and incorporated within the Development Code and other regulations and ordinances. 1. Constraint Areas are recognized as having the following characteristics: a. Areas with natural slopes of 25% or greater. b. Areas within natural drainage course& c. Areas with sensitive biological resources as identified or referenced in the General Plan or site specific study. Encroachment of grading, construction or surface alteration activities (including leach fields) shall not exceed 15% of the Comtmint Area. Notwithstanding this guideline, said acavities shall be avoided unl6s specO~c mitigations can be implemented to reduce potential impacts to a level of insignO~cance. T~M-OIXIOOp-COM.EI~N · Draft Date: August 10, 1993 Pa~e 10-28 CITY OF TEMECLILA Community Design Element 2. Proposed building pads, driveways and septic-leach ~eM locaaons shall be shown on the tentative map. A written statement (Form SAN 53) from the Health OJ~cer of Riverside County Department of Environmental Health shall be provided stating the type of sewage disposal that will be permitted for the proposed lots. AH drainage areas will remain natural (no undergrounding or placement in v- ditches). Use of energy dissipators, retention basins or desilting basins, will be permitted as deemed necessary by the Director of Public Works. 5. Joint access and driveways shall be required to the greatest extent possible to reduce impacts. Residences should be designed using alternative foundation techniques to maintain the existing topography to the greatest extent possible. Rather than using extensive grading to create flat building areas, stepped and pier and beam foundations shall be encouraged. Retaining walls interior to the structure are encouraged over stem walls along the exterior face of the structure. 7. No graded slopes shall exceed a 2:1 gradient. The maximum vertical height of graded slopes over a 3:1 gradient shall be 10 feet. Where grading occurs, finished slopes shouM be contoured with land form grading, rather than a formal engineered look. Retaining walls shall be discouraged to the greatest extent possible, particularly between a structure and the public view. Crib walls or similar structures, shall be used in lieu of retaining walls when possible and planted with appropriate shrubs and vines. Where retaining walls are used and visible from the public view, the wall shall be colored block or color coated to match the natural earth tone of the area or planted with appropriate vines. 10. To assure a better transition from adjacent areas, lots adjacent to Santiago Road shall have a minimum lot size of 1.75 acres. 11. Roadways and driveways shall be limited to a maximum grade of 15%. The Land Use Element designates the Chaparral Area as Low Residential, however, much of the Chaparral Area is inappropriate for development of half-acre lots. The Development Code wilt implement the Low Residential designation through two zoning districts. These districts will have different development aandards, such as half-acre and one-acre minimum lot sizes. Based upon the above policies, it can be anticipated that much of the Chaparral Area will be zoned for the larger one.acre lot sizes. TF.M-OlUOOP-COM.D~N · Draft Date: Augus~ 10, 1993 Page 10-29 CITY OF TEMECULA Commun~ly Design Element I. ,l,f. Neighborhood Compability Special attention has been given in the General Plan to the 'interface between rural residential and urban development. However, the compatibility between the character of exisang single-family neighborhoods and adjacent proposed projects is also an important consideration within the community. Key considerations in the planning and design of projects adjacent to existing single-family neighborhoods includes the following: Proposed land use densities should provide a density transition or buffer to improve compaU'baity with adjacent neighborhoods; Proposed projects should be designed in terms of height, architectural style, buli~ location of parking, and vehicular and non-vehicular access, to be compatible with surrounding neighborhoods; and The design of commercial and office projects should allow for convenient non-vehicular access by adjacent neighborhoods to the extent feasible. TEM-0XU0GP-COM.I:~ · Draft Date: January 4, 1993 Page 10-29 ATTACHMENT NO. 2 EXHIBIT A: NGK AGENCY RESPONSES S\GENPLAN\GP. CC7 12 State Deedline for General Plan Adoption: Novmr 25, 1993 EXHIBIT "A" Resource Agency Responses The Gas Comoanv: Alternatives One and Two do not meet their long-range program or existing investment in pipe and supply provisions which were based on the SWAP (Southwest Area Plan). Alternative Three meets their needs. They would, however, consider a graded roadway and easement through any vacated or amended road alignment. Eastern Municioal Water District: The District favors Alternative Three but would consider an easement along any vacated road. This is the District's proposed access into Meadowview for future sewer service. Riverside County Fire Deoartment: The Fire Department indicates that they consider this road their future "Initial attack" access into the Meadowview area from the proposed fire station. The connection made under alternate no. 3 represents an important reduction in response time as compared to other access points. This fire station is anticipated to be in service within the next year. Rancho California Water District: The District indicates that there is an existing 12-inch water main along this street alignment with a 16-inch water main planned for the later nineties. Alternate Three is preferred with Alternative Two acceptable, subject to conditions. Their systems are also based on the SWAP alignment and the fact that the street has already been dedicated. Southern California Edison CoreDany: The Edison Company does not have facilities within the possible street vacation but would request public utility easement reservation as provided under the Streets and Highway Code for street vacations. GTE California: GTE's major feed from the Meadowview area is contained within an existing easement which runs along the westerly edge of the NGKR right-of-way between Calle Madera and the southerly limits of Tract No.22786. GTE requires access to this easement and would seek a general easement reservation in any portion of NGKR which is vacated. Riverside County Sheriff's Deot: The Department recommends either Alternative One or Two as they address the local residents concern with traffic volumes and speed anticipated from through traffic on NGKR. Some minor re-routing of traffic is expected with the opening of Calle Olvera which is currently a dead-end street. Closure of NGKR avoids the problems which occurred on Calle Pina Colada, Calla Medusa, and Avenida De La Reina. City Planning Department: The Department favors Alternative Three as providing the best neighborhood and area-wide circulation. This plan also eliminates the alternatives of a very long cul-de-sac (Corte Coelho) and the creation of a potential loitering area by dead-ending NGKR as proposed under Alternatives One and Two. · ! ""' .x\,S"l'll:S ~'1" 6 / ...?'. / I \ ATTACHMENT NO. 3 EXHIBIT B: NGK ALIGNMENT MAPS S\GENPLAN~GP. CC7 1 ~3 State i for Generel Plan Adoption: Nove~ber 25, 1993 EXHIBIT C: ATTACHMENT NO. 4 NGK PROPOSED STREET SECTION S\GENPLAN\GP. CC7 14 State Deadlieqe for General Plan Adoption: Novefftber 25, 1993 EXHIBIT "C" I Urban Arterial 8- Lanes Urban Arlerial 6 - Lanes Ar,rial 4 - Lanes Major 4 - Lancs Secondary 4 - ~nes Principal Collector 2 - Lanes  S~cific Plan Road Size Varies Transil Corridor lmerchnnge Improvemeal CIRCULATION PLAN The City of TEMECULA General Plan Program i i / ',iJ , z.< .............., ..................................~ .....j[ -" i FIOURE 3-1 ATTACHMENT NO. 5 EXHIBIT D: NGK STREET TRAFFIC MATRIX S\GENPLAN\GP.CC? 15 State De~dtine for General Plan Adoption: November 25, 1993 EXHIBIT "D" Street Traffic Matrix N. General Kearny Winchester Road Nicolas Road (East) ~ ,arita Road Draft Circulation Plan 'Alternative A {AIt. I & 2) Altemative B (AIt. 3) ADT V/C LOS ADT V/C LOS ADT VIC LOS 10-12K 0.2 A 81-83K 1.09-1.12 76-79K 1.02-1.06 21K 0.50 A 26K 0.62 B C 35K 0.83 D 30K 0.71 10-12K 0.4 A 76-79K 1.05-1.08 B 21K 0.67 B 30K 0.81 D V/C LOS N.A. - Volume to capacity ratio - Level of service - Not applicable to alternative Alternative A - Without General Kearny Extension · Winchester Road between Margarita Road and Nicolas Road would serve between 81,000 and 83,000 vehicles per day. · Nicolas Road between Winchester Road and Roripaugh Road would carry an average of 26,000 vehicles per day. · Margarita Road between Winchester Road and General Keamy Road would serve an average of 35,000 vehicles per day. Alternative B - Without General Kearny Extension and with Nicolas Road Extension to Margarita Road · Winchester Road between Margarita Road and Nicolas Road would serve between 78,000 and 80,000 vehicles per day. · Nicolas Road bcnvecn Winchester Road and Roripaugh Road would carry an average of 28,000 vehicles per day. · . Nicolas Road between Winchester Road and Margarita Road would carry an average of 10,000 vehicles per day. · Margarita Road between Winchester Road and General Kearny Road would serve an average of 34,000 vehicles per day. Other shifts in traffic would occur as a result of eliminating the General Kcamy Extension which arc not explicitly noted on Figure 1. These generally include increases in traffic along the following roadways: the Butterfield Stage Road corridor between Borel Road and Paula Road; the Borel Road/Hunter Road corridor west of Butterfield Stage Road; the La Sercna Way corridor west of Butterfield Stage Road; and the Margarita Road corridor between Rancho Way and Rancho California Road. DraR Circulation Plan - With General Kearny Extension Winchester Road between Margarita Road and Nicolas Road would serve between 76,000 and 79,000. Nicolas Road between Winchester Road and Roripaugh Road would carry an average of 21,000 vehicles per day. . · Margarita Road between Winchester Road and General. Keamy Road would serve an average of 30,000 vehicles per day. Traffic Operation Imnacts The assessment of forecasted volume to capacity ratios and corresponding Level of Service is summarized in the following table: Draft Circulation Plan Alternative A Alternative B Winchester Road v/c LOS v/C LOS Nicolas Road (East) 0.50 A Nicolas Road (Extension) N.A. N.A, Margarita Road 0.71 C V/C - Volume to capacity ratio LOS - Level of Service N.A. - Not applicable to alternative 1.09-1.12 F 0.62 B \, N.A. N.A. 0.83. D v/c LOS L05-1.08 /,,/F 0.67 B 0.59 A 0.81 D ,t Select Link Analysis The "select link" analysis is a tool offered by the traffic forecasting computer model which filows the user to identify the origins and destinations of vehicle trips assigned to a roadway segment (link) or segments in the highway network. This procedure was used to identify the general geographic location of origins/destinations. of vehicle trips which would use the General Kearny Extension. · The results of the General Kearny Extension "select link" analysis are illustrated in Figure 4. For the purpose of graphically showing geographic origins/destinations of trips which would use General Kearny, the Temecula Circulation Element Traffic Model traffic analysis zones were grouped into larger zones which represent the geographic locations of the trip ends. The numeric value shown in each area represents the number of vehicle trip ends either "originating in" or destined to" the area which would use the General Kearny Extension. Number shown next to arrows indicate the general direetional location and magnitude of trip ends outside of the City. in response to questions regarding the general contribution of trips to and from the proposal Kernper Urban Core Projects (e.g..Temecula Regional Center, Campos Vetdes, and ~chester Hills), the contn'bution would total approximately 1,(520 trip ends for the three projects. Temecula Regional Center, which will offer shopping and employment opportunities to area residents in the principal contributor of the three Urban Core Projects. It should be noted however, that if these shopping and employment opportunities are not · provided at this location, residents would seek these opportunities .elsewhere in the community or outside the area. Since most other shopping and employment opportunities are oriented along the 1-15 corridor (within and outside the City) the trip routings would still maintain the same general orientation. Findings The projected build-out traffic volume and traffic operation analysis result in the following key findings: 1. Alternative A, which eliminates the General Kearny Extension would result in approximately 4,500 vehicles per day being added to the critical Winchester Road segment. The projected volumes on the segment of Winchester Road would result in volume to capacity ratios ranging from 1.09 to 1.12. Level of Service remains at F (as compared so the Draft Circulation Plan) only because service levels are not defined beyond the point tha~ traffic volu.me exceed the maxlmum roadway capacity..,The increase in daily volume to capacity ratio essentially indicates that severe congeared traffic conditions could be expected during extended periods of the day. Alternative B, which also eliminates the General Kearny Extension but provides an extension of Nicolas Road to Margarim Road, results in a smaller increase of approximately 1,400 vehicles per day on Winchester Road. Traffic operation on Winchester Road would worsen by extending the period of severe traffic congestion, but not to the degree resulting from Alternative A. Although the analysis suggests that the Nicolas Road Extension would offset most of the traffic increase on Winchester Road resulting from the elimination of the General Kearny Extension, data generated by 'the General Kesrny "select link" analysis indicates that the Nicolas Road Extension serves less than ~400 of the approximate 11,000 vehicle trips which would otherwise have used the General Kearny Extension. In other words, the shift in traffic from General Kearny is still being 'added to the critical Winchester Road segment, and other traffic on Winchester Road is being shifted to the Nicolas Road extension. Both Alternative A and B would result in a significant increase in traffic volume on Margarita Road (between Winchester Road and General Kearny Road) and would degrade the Margarita Road level of service from "C' to "D'. ATTACHMENT NO. 7 ATTORNEY OPINIONS ON SCHOOL FACILITY POLICIES AND SB 1287 S\GENPLAN\GP.CC7 17 State Deadline for General Pin Adoption: November 25, 1993 V[NTURA COUNTY OFFICE 2310 PONDEROSA DRIVE SUITE I CAMARILLO, CALIFORNIA g3OIO (605) 987-3468 LAW OFFICES BURKE, ~TILLIAI~IS 8~ SOR]~NSBN 3200 mmI:;IISTOL STI:irEiT SUITE 640 COSTA fvlr,SA, CALIFORNIA 92616 (714) S4SoSSSg FACSIMILE: (714) 755-5548 LOS ANGELES OFFICE 6tl WEST SIXTH STREET. SUITE Z5OO LOS ANGELES., CALIFORNIA 90017 (:'13) 23G-OGOO TEL[COPIER: (Z13) P. 3G-2/OC) August 2, 1993 RECEIVED VIA FACST~T.R AND U.S. MATT. Mr. John Meyer Senior Planner City of Temecula 43174 Business Park Drive Temecula, California 92590 AUG 0 1993 Ans'd ..... - ......... Re: Riverside County Resolution No. 92-164, SB 1287 (School Impact Fees) and General Plan Policies Dear John: This letter is in response to the City's request for our opinion concerning the County of Riverside's recent adoption of Resolution No. 92-164 regarding school facilities impact mitigation. The Temecula Valley Unified School District has requested that the City Council include a similar policy in the City's General Plan. To our knowledge, no new legislation on school impact fees is currently under consideration by the State Legislature. However, two California appellate cases were decided in February 1993 regarding school fees which provide insight on judicial thinking on this subject. The following discussion on the County's resolution and the recent court cases is offered to assist the City Council in deciding how to proceed with its General Plan policies on this subject. SUMMARY OF OPINION AND RECOMMENDATION It is our opinion that the County of Riverside's Resolution No. 92-164 regarding school facilities impact mitigation is contrary to the language of SB 1287 and judicial interpretations of the relevant law. Therefore, it is recommended that the City Council does not adopt a similar resolution or amend the General Plan language currently recommended by the Planning Commission. Mr. John Meyer August 2, 1993 Page 2 DISCUSSION Background Under the School Facilities Law of 1986, cities were expressly prohibited from denying adjudicatory approval (i.e., map or plot plan) of a development project on the basis of the adequacy of school facilities even if the General Plan required you to do so. However, certain court decisions limited the statutory prohibition by holding that it does not apply to projects that require legislative land use approvals such as general plan amendments or rezonings. (Murrieta, Mira, and Hart cases). In our previous correspondence to the City on this subject, (see attached letters dated December'8, 1992 and January 15, 1993), our office analyzed SB 1287 and its impact on the above law and court decisions and made recommendations regarding the City's planning procedures and General Plan policies on impacts on school facilities. Based on our analysis, it was our view that SB 1287 extended the statutory prohibition to include projects requiring legislative approvals. Therefore, we recommended the following: (1) That individual development projects involving legislative (as well as quasi-judicial) land use approvals cannot be denied or conditioned on the grounds of inadequate school facilities. (2) That the adoption of any policies within the City's General Plan requiring that individual development projects demonstrate that adequate school facilities exist or will be provided to support their project (i.e., a "will serve" letter from the schooldistrict prior to the approval of a project by the City) be avoided. (3) That specific language recommended for the General Plan in its Growth Management/Public Facilities Element regarding Goal 4 on school facilities be adopted. It was also our opinion that our specific recommendations regarding language for the General Plan were not incompatible with the Legislative Counsel's Opinion No. 30455 (dated December 4, 1992) on SB 1287. In that Opinion, the Legislative Counsel determined that: Mr. John Meyer August 2, 1993 Page 3 ". . .[T]he apparent effect of [SB 1287] will be to specifically prohibit the inclusion within a general plan or zoning law of any provision that would authorize the denial of individual development projects on the basis of the adequacy of school facilities." However, the Legislative Counsel also concluded that SB 1287: ". . .does not prohibit a city. . .from considering the adequacy of school facilities in the course of adopting or implementing legislative land use policy in the form. . .of a general plan or zoning ordinance." (emphasis added). Thus, the City may establish land use densities in its zoning laws and general plan requirements to insure the number of school children is consistent with available school facilities. However, such policies do not authorize the denial of specific development projects on the hasps Of the adequacy of school facilities. It is our view that the County's policy does not meet this standard since its enforcement would have the apparent effect of denying a project on the prohibited basis even though its requirements are not mandatory but nonetheless would achieve the same result as a compulsory program. SB 1287 Through an amendment to Government Code Section 65995(a), (all future references shall be to Government Code Sections unless other indicated), SB 1287 prohibits the denial of individual development projects due to inadequate school facilities. The section states: "Except for a fee, charge, dedication, or other requirement authorized under Section 53080, or pursuant to Chapter 4.7 (commencing with Section 65970), no fee, charge, dedication, or other requirement shall be levied by the legislative body of a local agency against a development project, as defined in Section 53080, whether by adm~n.~strat.~v~ or ]eg.~s]ative action, for the construction or reconstruction of school facilities." (emphasis added). Mr. John Meyer August 2, 1993 Page 4 The statute also states in Section 65995(e): "The Legislature finds and declares that the subject of the financing of school facilities with development fees is a matter of statew~de concern. For this reason the Legislature hereby occupies the subject matter of mandatory development fees and other development requirements for school facilities finance to the exclusion of all local measures on the subject." (emphasis added). Under SB 1287, Section 65996(a) identifies the following laws as the "exclusive methods" of mitigating environmental effects related to the adequacy of school facilities when considering the approval or the establishment of conditions for the approval of a development project by administrative or legislative action pursuant to CEQA: (1) Lease-purchase (Education Code 17700 et seq); (2) Emergency Classroom Law (Ed. Code 17785 et seq); (3) California School Finance Authority (Ed. Code 17870 et seq); (4) Leasing Facility Act (Ed. Code 39327 et seq); (5) School District Development Fees (Section 53080); (6) Mello-Roos Community Facilities Act (Section 53311 et seq); (7) School Facilities Act (Section 65970 et seq). Also, Section 65996(b) specifically states: "No public agency shall, pursuant to [CEQA] or [the Planning and Zoning Law] deny approval of a project on the basis of the adequacy of school facilities, or impose conditions on the approval of a project for the purpose of providing school facilities that exceed the amounts authorized pursuant to this chapter." (emphasis added) This amendment to Section 65996 expands the restrictions from those enumerated in the 1986 legislation as the previous reference to the Subdivision Map Act (Section 66410 et seq) in former Section 65996(b) was replaced with the reference to the Planning and Zoning Law. Subsequent to SB 1287, the following two court decisions discussed and interpreted school impact fee laws. Mr. John Meyer August 2, 1993 Page 5 Grupe Development Co. v. Ch~ no Un~ f~ ed School Di stri ct 4 Cal.4th 911 (Feb. 1993) In Grupe, the Supreme Court held that a local measure imposing a "special tax" on all new residential construction to fund new school construction was preempted by Section 65995. The Court stated that the intent of the legislative act which included Section 65995 was to make uniform throughout the state the process of financing new school construction and to empower school districts to impose development charges rather than depending on local government to do so on their behalf. To allow school districts to collect special taxes to offset development costs in addition to collecting the maximum amount under the statute would upset the legislative intent of Section 65995. Id. at 919. Corona-Norco United School District v. City of Corona 13 Cal.App.4th 1577 (Feb. 1993) In Corona, the city's general plan included a "District Sign-Off or Certificate Sheet" that would indicate the adequacy of school operating capacity and other public services prior to city council approval of a final tract map. (This approach is very similar to the one suggested by the Temecula Valley Unified School District but rejected by the Planning Commission based on our recommendation.) In Corona, the school district claimed that the city had a duty, under CEQA, to impose conditions in addition to the statutory fee to mitigate the alleged impacts of the projects on school facilities. (This appears to be the approach adopted by the County of Riverside in its resolution.) The appellate court rejected all of the school district's claims and held that although generally, approvals of tract maps must be consistent with the general plan, the later and more specific provisions of Section 65996, dealing with the mitigation of impacts on schools from development approvals, creates an express exception to the general requirement of consistency between the two code sections. Id. at 1585. Thus, the court found that the provision of Section 65996(b) that no public agency may, pursuant to CEQA or the Subdivision Map Act, deny approval of a project on the basis of the adequacy of school facilities, prevails to the extent it is inconsistent with the requirement of consistency of Section 66473.5 In so holding, the court stated that: Mr. John Meyer August 2, 1993 Page 6 " . .the Legislature has clearly mandated that development takes precedence to the adequacy of school facilities." Id- at 1585. Although this case was decided prior to passage of SB 1287, the language of the case seems to emphasize the strict limits on local agencies' powers to demand mitigation measures and the statutory prohibition in Section 65996(b) that cities cannot use the CEQA process as a method to deny approval of a project or impose conditions on the approval of a project on the basis of the adequacy of school facilities. Such language supports our view that the County's resolution is beyond the scope of permissible powers of local agencies regarding mitigation measures for school facilities impacts. Attorney Genera] Opin~ on As you may know, the Riverside County Counsel's Office requested an opinion from the State Attorney General concerning the imposition of school facilities fees. (See attached letter to the Attorney General dated February 17, 1993). In response to that request, the Attorney General's Office solicited the views of all "interested parties" prior to issuing an opinion. (See attached letter to League of California Cities dated March 1, 1993). However, we have been advised by the County Counsel's Office that the Attorney General has since declined to issue an opinion due to pending litigation involving the City of Santa Maria. Thus, no additional insight on this subject will be forthcoming from the Attorney General in the foreseeable future. Recommendations Based on our understanding of the current state of the law, it is not permissible for the City Council to put policies in the City's General Plan that require the City to deny or condition individual projects based on the adequacy of school facilities as the County has adopted. Specifically, the use of the CEQA process by the County to compel mitigation measures seems clearly proscribed both by statute and case authority. Rather, it is our view that what is permissible under the law is for the school district to participate in the General Plan process by looking at the recommended land use densities to determine their impacts on the schools and providing input to the City Council regarding such densities. Mr. John Meyer August 2, 1993 Page 7 Our current view is also based on the lack of any additional legislative or other clarification on this issue since our earlier letter. However, should subsequent legislative or judicial developments occur which may alter our previous opinion, you will be so advised. If we may be of further assistance or answer any questions you may have regarding the above discussion, please do not hesitate to contact us. Very truly yours, attach. cc: Scott F. Field, City Attorney John E. Cavanaugh, Asst. City Attorney Gary Thornhill, Planning Director sb1287.2. LTR VENTURA COUNTY 0FFICr 2310 PONDEROSA DRIVE SUITE I CAk!ARILLO. CALIFORNIA 93010 (805) 987-3468 TELECOPIER: (SOS) 482-9834 LAW OFFICES ]~1:~:]~, WTT'T'TA'IVJ:S ~C S01~Tl:~4'Slq~l 3~'(}O BRISTOL STRrrT COSTA MEt'A, CALIFORNIA 926::*6 LOS ANGELES OFFICE Sll WEST SIXTH STRrE:T. SUITE 2500 LOS ANGELrS, CALIFORNIA 90017 (213) Z36-OBO0 TELECOPIrR: (213) 236-2100 January 15, 1993 VIA FACSIMILE AND 0.8. NAIL Mr. John Meyer Senior Planner City of Temecula 43174 Business Park Drive Temecula, California 92590 Re: SB 1287 and General Plan Policies RECEIVED AUG 0 4 1993 Ans'd ............. Dear John: As you are aware, substantial disagreement currently exists among interested parties regarding the meaning and legal effects of SB 1287, the recently enacted School Impact Fee Legislation. As we noted in our December 8, 1992 letter to Gary Thornhill, (copy attached), one of the unsettled issues regarding the legislation relates to its impact on earlier court decisions, The Murrieta, Hart, and ~ira cases, which exempted development projects requiring legislative land use approvals from the limitations and prohibitions of the School Facilities Law of 1986, permitted local agencies to deny such approvals based on inadequate school facilities. Apparently, it is the position of some school districts that SB 1287 did DOt overrule these cases and that local agencies are still obligated to require new development projects to mitigate their school impacts when seeking legislative land use approvals. It is their view that support for this position can be found in the Legislative Counselts Opinion No. 30455 (December 4, 1992) which concludes: '[SB 1287] does not prohibit a city. . .from considering the adequacy of school facilities in the course of adopting or , implementing a general plan, zoning ordinance, or other legislative land use policy." Mr. John Meyer January 15, 1993 Page 2 Obviously, this view is not totally consistent with our previous recommendation to-your office that legislative land use approvals cannot be denied or conditioned on the grounds of inadequate school facilities '(see December S, 1992 letter). Therefore, the purpose of this letter is to reconcile the con- flicting opinions and provide meaningful guidance on the appro- priate General Plan policies that should be considered in light of the controversy surrounding SB 1287. Leaislative Counsel's OD.~n.{on No. 30455 In its discussion on the impact of SB 1287 on school impact fee laws, the Legislative Counsel's Opinion states that under the law existing pr{or to adoption of SB 1287: ".. .Section 65995 precludes local agencies . .from adopting any legislative requirement, except ~o the extent authorized by Section 53080 and Chapter 4.7, that imposes fees as a condition to approval of a development protect in order to reduce the project's negative impact on school facilities. · ." (Legislative Counsel's Opinion #30455, page 6) (emphasis added). However, the Counsel further concludes at page 6 that: ".. .[Section 65995 et seq] does not prohibit a city.. .from considering the adequacy of school facilities in the course of adopting or implementing legislative land use policy in the form.. .of a general plan or zoning ordi- nance." (emphasis added). Thus, according to the Legislative Counsel, the law prior to SB 1287 permitted cities to consider the adequacy of school facili- ties in the context of adopting or amending general land.use policies but not when considering individual development pro- jects. The Legislative Counsel then analyzes the effect of SB 1287 on the above stated conclusions and determines that: ". . .[SB 1287] will expressly prohibit a city. . .from either establishing legislative standards, or applying any legislatively established standard, so as to require, as a condition of the approval of any development protect, that a fee be paid or other requirement be met for the purpose of funding school facilities construction or reconstruction, Mr. John Meyer January 15, 1993 Page 3 other than as levied pursuant to Section 53080 or Chapter 4.7." (Legislative Counsel's Opinion #30455, page S) (em- phasis added). The Legislative Counsel further determined at page 11 that: ".. .[T]he apparent effect of [SB 1287] will be to specifi- cally prohibit the inclusion within a general plan or zoning law of any provision that would authorize the denial of individual development Dro~ects on the basis of the adequacy of school facilities." (emphasis added). Finally, the Legislative Counsel opined (at page 12), that SB 1287 did not address the authority of local agencies to consider the adequacy of school facilities "in any context other than the approval of indiv~dua~ development p~ojects." (emphasis added). As a result, the Legislative Counsel concluded that SB 1287 does not prohibit a city from considering the adequacy of school facilities in the course of adopting or implementing a general plan, zoning ordinance or other legislative land use policy. The net effect of this conclusion is that SB 1~87 did not chanae the law regardina a city's authority to consider the adeauacy of school facilities when adoDtina or implementing leaislative land use policies! (See above discussion on law existing prior to SB 1287). In our opinion, the Legislative Counsel's Opinion ~30455 is not completely incompatible with our previous recommendations to you regarding the denial or conditioning of legislative land use approvals on the grounds of inadequate school facilities. Nevertheless, the Legislative Counsel has taken a very narrow interpretation of the legislative intent of SB 1287 to permit a "loophole" in what was considered an intentional effort by the Legislature to close a "gap" in the law created by the above referenced court decisions. In so doing, it appears even more likely that "clean up" legislation or further judicial interpre- tation will occur in order to resolve this controversy. Recommendations In the meantime, it is our opinion that the City of Temecula should take a prudent approach when considering land use policy decisions such as the adoption of its General Plan until these issues are finally settled. In our view, such an approach would include the following actions: Mr. John Meyer January 15, 1993 Page 4 1. Avoid the adoption of any policies within the City's General Plan requiring a developer to demonstrate that ade- quate school facilities exist or will be provided to support their project. An example of such a policy would be to require a "will serve" letter from the school district prior to the approval of a project by the City. Such a require- ment would, in all likelihood, be considered impermissible under SB 1287. 2. Recommend the adoption of the following language for the City's General Plan in its Growth Management/Public Facilities Element regarding Goal 4 on school facilities: -Discussion. Adequate school facilities and funding are necessary to ensure that the high quality of educa- tion is extended to future residents of the City, Mitigating impacts of development on the school system through the imposition of development fees as permitted by law and providing information to the School District are the primary mechanisms to sustain quality educa- tional services. Policy 4.1 Provide information to the Temecula Valley Unified School District when considering General Plan amendments or other legislative land use policy deci- sions to allow the School District to prepare and provide an assessment of whether adequate school facil- ities exist in order to facilitate the making of such decisions. Policy 4.2 Promote and encourage the phasing of pro- ject development so that the School District may plan, finance and construct school facilities intended to serve the development-" 3. Delete the current language in Policy 4.3 and renumber remaining Policies 4.4, 4.5 and 4.6 accordingly- Mr. John Meyer January 15, 1993 Page 5 We hope this discussion sufficiently answers your questions regarding this complicated area of the law to assist you in your preparation of the City's ~eneral Plan. If we may be of further assistance or answer any questions you have regarding the above, please do not hesitate to contact us. cc: Scott F. Field, City Attorney John E. Cavanaugh TEIq1101509.LTR WILLIAM C COUNTY COUNSEL COUNTY COUNSEL RIVI[IIaDE COUNTY 3535 TENTH g~.EET0 SUITE 300 RIVEI~IOf. CALIFORNIA 92501-3674 NLEI~ONE (714) 2154300 tAX (714) &8,1-492S I'J,)~J. tl CCX. WTYF, MIM~IOH:).SUIIT 113 TTL.I:FHI3e~ (714) 354-4125 February 17, 1993 The Honorable Daniel H. Lungren Attorney General State of Californfa 1515 K Street, Suite 511 Sacramento, California 95814 Re: Request for Opinion Chapter 1354, Statutes of 1992 [S.B. 1287] Dear Mr. LungTen: District v. County of R~vers~de (1991) 2 .App. · worksho s, public hearings before the Pl.a~ning Cornmiss.ion ..and ~ = ded en~ ~he voo chapner~g of S.B. 1287 ( P ' · Session] . The p~lic..he~ings, before ~he Board of ~his reco~enda=ion, are still continuing- The County of Riverside is now in the process of attempting to adopt a Comprehensive General Plan Amendment and has prepared an Environmental Impact Report (EIR) for that project. The only.item that cannot be mitigated to a level-of insignificance, if we are limited to the fee's authorized by Chapter 1354, is school facilities. Because of the constraints of Chapter 1354, our office is recommending overriding findings On this issue. The school districts are opposing the General planAmendmentand certification of the EIR with overriding findings, asserting that Chapter 1354 .does not limit the Counties ability to mitigate for school facilities to the fee's authorized by Chapter 1354. This opposition by the school districts is based primarily on the last paragraph on page 12 of a letter dated December 4, 1992 from Bion__ M. Gregory, Legislative Counsel, to the Honorable W~11~C E--,'~°°~, Jr. 'The public hearings before the Board of Sl~er~iso~% on the Comprehensive General Plan endman~ ~-a ~4~ication of the EIR are still continuing- ] . 0004?6 41 E -- ! Page two I Because of legal opinions which have beenwritten regarding Chapter 1354, Statutes of 1992 [Senate Bill 1287], (hereinafter referred to as "S.B. 1287") which conflict with our written opinions, we seek your opinion on various.matters affected by S.B. 1287. Because this legislation (S.B. 1287) amended and added two versions of Government Code §65995 and 65996 our questions will be asked by reference to Sections contained in S.B. 1287.1 Our questions are as follows: 1.a. Does the term "development project" as used within the provisions of §65995 (Section 4 of S.B. 1287) and §65996 (Section 7 of S.B. 1287) include General Plan Amendments, Specific Plans, Specific Plan Amendments and/or Changes of Zoning [legislative actions] (see Sectio..n 7{b) of S.B. 1287)?' b. Does'the 'te~m "development project" for the purpose of §65995 (Section 4 of S.B. 1287) and S65996 (Section 7 of S.B. 1287) mean something different from the term "development project" 'for the'.purpose of S65995 (Section 3 of S.B. 1287) and §65996 (Section 6 of S.B. 1287)? c. Do §6599S (Section 3 of S.B. 1287) and~65996 (Section 7 of S.B. 1287) abrogate [repeal] M~ra Development Corporation v. City of San Dieao (1988) 205 Cal.App.3d 1201, 1217-1218, Wil 1 iam S. Hart Union H~ ~h School District v. Re~ ona~ Plann~n~ Commission (1991) 226 Cal.App.3d 1612 and Va~.]ev Unified School District v. County of R~vers~de (19.91) 228 Cal.App.3d 12127 This question may be restated as - l Pending the results of the vote on ACA6, are Mira, Hart and Mu~ieta abrogated [repealed]? d. What is the effect of-Section 8 of S.B. 1287 which repealed Section 34 of Chapter 1209 of the Statutes of 19897 e. What is the significance of'the different references in §65996(b) (Section 6(b) of S.B. 1287) and §65996(b) (Section 7(b) of S.B.. 1287)? In Section 6(b) of S.B. 1287, the reference is to Division 2 (commencing at §66410) while in Section 7(b) of S.B. 1287 the reference is to Title 2 (commencing at §65000)? f. Does the term "project, as used in §65996(b) (Section 7(b) of S.B. 1287) include General Plans, General Plan Amendments, Specific Plans, Specific Plan Amendments and/or Changes of Zoning? 9- Is the preemption clause of §65995(e) (Section 4(e) of S.B. 1287) broader then the preemption clause of §65995(e) II t I I I Unless otherwise indicated, all section references are to the Government Code. Page three (Section 3(e) of S.B. 1287) and does it include legislative actions with regard to .development projects" (See Section 4(a) of S.B. '1287)? · When adequacy of 'school facilities is the only insignificance, by Y P d 65995 3 Government Code 83080°,n%8998 (Section 4 of S.B. 1287) an EI~] (Section 5 of S.B. 1287), is an Environmental Impact Report [ (Public Resources Code §21061) required even though the city, county or city and county is/are prohibited by §65996(b) (Section 7(b) of S.B. 1287) from denying approval of a .project" because of inadequate school facilities or -'imposing conditions on the approval of a projec~ for the purpose of providing school facilities that exceed the amounts authorized" by Chapter 1354 (S .B. 1287) ? In order to assist' you in preparing your opinion, we are enclosing copies of the following items: 1. Memorandum'dated October 7, 1992 from RiVerside County Counsel to Members of the Riverside County Board of Supervisors re: S.B. 1287 and Riverside County Resolution 92-164; 2. Memorandum dated December 11, 1992 from Riverside County Counsel to Members of the Board of Supervisors re: S.B. 1287; 3. Memorandum dated August 29, 1992 from Jack O, Connell, Speaker pro-Tempore, and others, to Members of the Senate; 4. Senate Third Reading Staff Report for S.B. 1287, dated August 25, 1992; 5. Assembly Unfinished Business Staff Report re: S.B-.1287, dated August 24, 1992; 6. Memorandum dated' September 3.~, 1992 from Governor .Pete Wilson to the Members of the California Senate re: S.B. 1287;. 7. Legislative Counsel's Digest re: S.B. 1287; 8. Letter dated December 4, 1992 from Bion M. Gregory, Legisl. ative Counsel of California, to the Honorable Willie L. Brown, Jr., re: S.B. 1287; 9. Undated October, 1992 memorandum prepared by Bowie, Ameson, Kadi, Wiles & Giannone re: S.B. 1287, entitled "No, Mira Didn't Go!" 10. Memorandum dated October 5, 1992 prepared by Bowi e, Ameson, Kake, Wiles & Gionnone re: S.B. 1287; 43 000478 Page four 11. Memorandum dated October .13, 1992 prepared by Lozano, Smith, Smith, Woliver &Ahrens re: .B. 1287; 12. Memorandum dated October 15, 1992 prepared by Schools Legal Services re: S.B. 1287; W4 28 ~ I f 13. Memorandum dated October 20, 1992 from Robert Ryan, Supervising Deputy County Counsel, acramento County, to Chairman and Members of the Board of Supervisors re: General Plan Update ~ Mitigation of School Impacts; ' 14. Letter dated November 4, 1992 from Kronick, Moskoritz,. TredemanPm & Girard to Robert A. Ryan, Deputy County Counsel, Sacrament~ County, re: Impact~ of S.B. I 7; 15. Memorandum dated October 22, 1992 from Don V. Collin (California.Building Industry ASsociation) to David L. Colgan re: S.B. 1287; · 16. Memorandum dated October 14, 1992 prepared by Kronick, Moskoritz, Tredemann & Girard re: Analysis and Implementation o S.B. 1287; . 17. .Letter'dated November 2, 1992 from Rutan and Tucker to Tom Tooker, Murrieta Valley Unified School District re: Impact of S.B. 1287; "' ' 18.. Letter dated December 18, 1992 from Lawrence M. Lunardini, City Attorney, City of Bakersfield, to Barbara Den Carols. .' ' 19. School Legal Defense Association, SLDA Bulletin No. 141 'date December 21, 1992. ' " We do not believe that the items attached are exhaustive of all of the opinions which have been issued on this matter. We are enclosing only those items which we have managed to secure copies of or have authorizedi~ . ' We appreciat'e your assistance on this matter and will assist you in this matter should you have any questions, need additional background, thoughts or suggestions. · Please do not hesitate to contact the undersigned or Jay G. vickers .of our Office. Ve truly~ou '~$~,1~ County Counsel WCK:kc\letters.93 44 000479 I DANIEL E. LUNGREN Attorney General $tate of California ~ DEPARTMENT OF JUSTICE ll0V,/F. STA~.SUr'F]~TG0 ~ DIF. J30, CA 92101 SAN DIEGO, CA 911~-Y2~ .__ (6x9) z~Jssx ~,^cs~m~(619) 238-3313 DIRECT DIAL: ( 619 ) 237-~182 March 1, 1993 Joanne Speers League of California Cities 1400 K Street, S=e. 400 Sacramento, CA 95814 REx Opinion No. 93-301 ;il Y OF TRACy MAR 11 1993 Dear Ms. Speersx We have received a request from Riverside County Counsel William KaCzenstein, copy enclosed, for an opinion of the Attorney General concerning ~he imposition of school facilities fees. IC is the policy of our office to solicit the views of all interested' par~ies prior to issuing an opinion. If you would like Co submit comments, a response by May 3, 1993, would be most helpful; materials received after such dace will nonetheless be considered. Views submitted will be treated by our office as public records under the Public Records Act. Please address your views to: Deputy Attorney General Gregory Gonot, Post Office Box 944255, Sacramento, CA 94244-2550~ telephone (916) 324-7860. Sincerely,. ROLxgs Enclosure DANIEL E. LUNGREN Senior Assistant Attorney General Chief, Opinion Unit 40 000475 VE:NTURA COUNTY OFFICE; 2310 PONDEROSA DRIVE SUITE I CAMARILL0. CALIFORNIA (SOS) 987-3488 TELECOPlER: (SOSI 482-S834 LAW OFFICES BURKIE, WZLLZAMS 8c SORIENSIEN SUITE 640 CO.'~.TA HESA, CALIFORNIA 92626 COPY LOS ANGELES OFFICE 611 WEST SIXTH STREET, SUfTE Z500 LOS ANGELES, CALIFORNIA 90017 (213} 236-0600 TELECOPIER: (213) 236-2700 August 8, 1993 RECEIVED AUG 10 1993 VIA FACSINIT.R ~ND U.S. ~ATT. Allied,-.._......, .. Mr. John Meyer Senior Planner City of Temecula 43174 Business Park Drive Temecula, California 92590 Re: Riverside County Resolution No. 92-164, SB 1287 (School Impact Fees) and General Plan Policies Dear John: The purpose of this letter is to supplement our August 2, 1993 letter to you on the above referenced subject. As you will recall, in that letter, we discussed the Attorney General's decision to not issue an opinion on this subject due to pending litigation involving the City of Santa Maria. We have 'since learned there has been a court decision in that action and wanted to advise you accordingly. Attached for your information is a copy of the court's order in Santa Maria-Bonita School District vs. The Planning Commission of the City of Santa Maria. et al, Superior Court Case No. SM 78558, entitled "Order Sustaining Demurrers to Petition without Leave to Amend and Dismissing Action." In that case, the court decided that in the exercise of its 1.egislative authority to adopt general plans, zoning laws, and other land use legislation, a public agency is prohibited by SB 1287 from either denying approval of a project on the basis of the adequacy of school facilities or imposing fees, charges, dedications or other requirements, other than the limited school facilitles fees provided in Government Code Sections 65995 and 65995.3. on the approval of a project for the purpose of providing school facilities. Mr. John Meyer August 8, 1993 Page 2 The court also held that the restrictions contained in the School Facilities Act (Government Code Section 65970 et seq) on the mitigation of environmental effects under CEQA apply to any and all administrative and legislative actions taken by a public agency under CEQA. As a result, the court found that the city was without authority to do any of the following: (1) Enact, impose or require payment of a school mitigation fee, as a condition of approval of a legislative land use approval, which exceeds the maximum amount authorized by Government Code Section 65995 and 65995.3; (2) Require as a condition of approval of a legislative land use approval that a developer participate in a "mitigation agreement" whereby the developer provides financial mitigations to school impacts which exceed the maximum amount authorized by Government Code Sections 65995 and 65995.3; (3) Require as a condition of approval of a legislative land use approval that a developer participate in a financial mechanism such as a Mello-Roos Community Facilities District to mitigate school impacts which exceed the maximum amount authorized by Government Code Sections 65995 and 65995.3; (4) Deny approval of a legislative land use application based upon the adequacy of school facilities. While this court decision is not binding at this time except on the parties involved, we thought the court's opinion was significant since it seems to provide answers to some of those questions currently surrounding SB 1287 about which interested parties still disagree. Since the court's opinion supports our understanding of the law on'this issue, we see no reason at this time for altering our previous recommendations to the City as expressed in our prior letters. However, as we have previously stated, should further judicial or legislative developments occur which alter our views on this subject, we will so advise you. Mr. John Meyer August 8, 1993 Page 3 If you have any questions regarding the above information, please do not hesitate tO contact us. very truly yours, attach. cc: Scott F. Field, City Attorn John E. Cavanaugh, Asst. City Attorney Gary Thornhill, Planning Director sb1287.3. LTR Craig A. Smith State Bar No. 6758~ CRAIG A. SMITH & ASSOCIATES 305 last Plaza Drive, Suite 4 Post Offi~ Box 1P44 Santa Maria, California 93456-1944 (805) 9287773 e JOHNSON PROPBRTIES, a CaliforniaP~Z~er~P~~ Arthe~ R. Montandon, City Attorney Bar No. 089793 8 StateWsnd~Ba~ No. I~'001DI~uty City Attorney CITY OF SANTA MARIA 204 Bast Cook Strut Sanm Ma~ CA 93454 (805) 925-0951, F, xL 310 Attorneys fur THE CITY OF SANTA MARIA, A Municilm{ Corporation; TIlE COMMISSION AND CITY COUNCIL OF THE , SUPERIOR COURT OF THE STATE OF CALH:ORNIA FOR THE COUNTY OF SANTA BARBARA ' 18 19 2O 21 22 23 SANTA MARIA-BONITA SCHOOL) DIgI'RICT. a political subdivision of thc) 8tat~ of C,~forni~, ) ) Peatloner, ) ) ) THE PLANNING COMMISSION OF THE) CITY OF SANTA MARIA; CITY) COUNCIL OF THE CITY OF SANTA) MARIA, THE CITY OF SANTA MARIA) and DOES 2 through 25, induslve, ) 24 Rl~mondem$. 25 26 27 2S KELLY/JOHNSON LTD.. a partnership; IOHNSON PROPERTIF. S, California general partnership, Real Parties in Interest. ) ) ) limited) a) ) ) Case No.: SM 78558 ORDER SUSTAINING DBMURRBI~ TO PETITION WITHOUT 1-F-4,VB TO AMEND AND DISMISSING ACTION ' PJJO-eLS-199~ 16:e~ FROM CRRIG R, SHITH RS,.gOC 17147555648 P,IEI3 1 2 3 4 5 6 7' 9 10 11 The Demurrots of Rc, spondcnu Planning Commission of ~¢ City of Santa Maria, City Council of the City of Santa Maria, thc City of Santo Mafia and Real Parties in Interest, KeI]yrJohnson, LId., Johnson Properties to the First Amended Petition herein came on regularly for hearing on by the COurt, Department 1, on June 1, 1993. William J. Kadi appeazed as counsel fox' P~tion~ Santa Maria.,Bonim FJemenlmry School DisUic[; Craig A. Smith appeaxed as couusel for Real Parties in Interest, Kelly/Johnson, I~., and JohnSon Pxvl~erfies; Ar~er R. Monlandon apimr~ as counsel for Respondents Planning 'Commimsion of the City of Sanui Maria, the City C. oun~ of the City of Santa Maria and the City of Santo Ma/ia. After hearing, the matter was 'submitted to the Court for a ruling. The Court, having read and considered the supporting and opposing points and authutiti~ and having heard and considcrcd the argumenU of all o:mnsel, and good mule apthating the, IT IS ORDERBD that the Demurmrs be, and hereby are, sustained without leav~ m amend as to all ~aum=s of ac~on on the following grounds: · 1. The First Cause of Action, 'General sufficient to constitute a cause of action in that: a. Whether the provisions of Senate Bill 1287, Adam:l Slats 1992 ~h 1354 of the Government Cede, hereinafter Senate Bfil 1287, modifying the School Facilities Act apply to the within a~on is a question of taw for the Court, and the Court concludes that maid provimions apply to the within aution as the law in eff~t at the time the matter is d=~ided by this Cxnn't is the appropriate law to apply; b. Sexrote Bill 1287 prohibits a public agency, in the exemx~ime of its legj-~lnfive authority to adopt general plus, zoning laws, and other land use legislation. from ei~nr denying approval of a proj~t on the basis of the adequaoy of school facilities or imposing fe~s, charges, dedi~tions or other r~luinments, other than the requirement to Iny the limited school f'aciliti~ fees provided in Government Code §§65995 and 65995.3, on the approval of a project for purpose of pruviding school facilities; c. The wJief requested in the Petition constitutes the exaction of a f~e, Plan Inconsistency' does not state fac~ 1 2 3 4 6 7 9 11 17 18 19 20 21 22 23 24 25 26 28 dedication or other rcquirement in excess of that authorized by Government ~ §65995Co).. 2. The Second Cause o~r Action, alleging violations of the California Environmental Quality Act (CF..QA) (Public Rcsourcu Code § 21000, et seq.), does not state facts sufficient to amstiu3z a cause of action in that; a. Government Codc §6599~o), as modified by Senate Bill 1287, deleted thc referrace to the Subdivision Map Act, 'Division 2 (commencing with Section 66410) of this code" and added the 3z~P. renn~e to the Planning and'~Zoning Law, 'Tide 7 (commencing with Section 65000'. As s. r~su]t the restrictions contained in the Schoo.] l= .acilities Act upon the mitigation of · environmental effects under the California Environmental Quality Act (CEQA) apply to any and all adrninistrazive and legislative action takP. n by a public agency under CEQA; b. Respondeats are without authority to: l. Enact, impose or require payment of a r. hoo/mitigation fee, as a condition of approval of a legislative land use approval. which exceeds the maximum amount authorizat by Government Code §§ 65995 and 65995,3, as that would impos2 a fee~ charge, dalication or other requirement in excr,~ of that authorized by Government Code §65995(b). 2. P, cquirg as a condition of approval of a legislative land u2 appzoral that a devclopa participate in a "mitigation agreement" whereby the developer provides financial mitigations ~o school impacts which exceed the maximum amount authorized by Government Code §§ 65995 and 65995.3, as that would impose a fee, charge, dedication or other requirement in excess of that authorized by Government Code §65995(b). 3. Require as a condition of approval of a legislative land use appzovl that a developer participate in a financial mechanism such a~ a Mcllo-Roos Community Pacilities District (Government Code §§ 53311, et seq.) to mitigatc school impacts which eg__,~_ the maximum amount authoriz2d by Government Code §§65995 and 65995.3, as that would impose a fee, charge, dedication or other requircment in excess of that authorized by Government Code §65995(b). 4, Deny approval of a legislative land use application based upon the adequacy of school facilities. -3- 16:88 CRRIG R. F:~I]~TH RSSOC 17147555648 P. e5 1 2 3 4 5 6 7 8 9 10 11 17 18 19 20 22 24 25 26 27 28 Th{ rcmajning c~use~ of action are mnderexl moot by the precedin8 grounds for this The Motion to Slrikc is rendered moot by the P-~--~in8 decision. ::.7,: ' ' ' no viable caus~ of acu nS, the s distressed. HONO ~Fr~ - /U OR COURT -4-