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Home My WebLink About060211 DH Agenda AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING June 2, 2011 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street - Temecula, CA 92590 CALL TO ORDER: Stuart Fisk, Senior Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Planning Director on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Planning Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Planning Director. When you are called to speak, please come forward and state vour name and address. Item No. 1 1:30 p.m. Project Number: PA11-0056 Project Type: Tentative Parcel Map Project Title: Margarita Crossings TPM 36369 Applicant: Matt Muckerman, Excel Engineering Project Description: A Tentative Parcel Map No. 36369 (for financing purposes) to subdivide the Margarita Crossings shopping centerfrom one existing lot into four lots Location: Southwest corner of Overland Drive and Margarita Road Environmental Action: CEQA Section 15315, Class 15 Minor Land Division Project Planner: Cheryl Kitzerow The agenda packet (including staff reports) will be available for viewing at Ciry Hall's Planning Department Public Counter located at 41000 Main Street and at the Temecula Library located at 30600 Pauba Road during.normal business hours. The packetwill be available for viewing the Friday before the Director's Hearing after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.cityoftemecula.org. R:\Directors Hearing�Agendas�2011106-02-11 Agenda.doc � STAFF REPORT — PLANNING CITY OF TEMECULA ' DIRECTOR'S HEARING DATE OF MEETING: June 2, 2011 PREPARED BY: Cheryl Kitzerow, Case Planner PROJECT Planning Application No. PA11-0056, Tentative Parcel Map No. • SUMMARY: 36369 (for Financing Purposes) to subdivide the Margarita Crossings shopping center from one existing lot into four lots, located at the southwest corner of Overland Drive and Margarita Road RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15315, Minor Land Division PROJECT DATA SUMMARY Name of Applicant: Matt Muckerman, Excel Engineering General Plan Community Commercial Designation: Zoning Designation: Community Commercial Existing Conditions/ Land Use: . Site: Developed as Margarita Crossings Shopping Center — Olive Garden restaurant, Tarbell Realty Building, San Diego County Credit Union Building, and 2 pad buildings with in-line retail shops North: SP-7, Promenade Mall SP, Existing Commercial across Overland South: Business Park, Existing Abbott Building across Nicole Lane East: High Density Residential, Existing Multi-Family residential across Margarita Road West: Community Commercial, Existing Retail across Nicole Lane Proposed Min. Required Minimum Lot Size: 30,161 square feet 30,000 square feet BACKGROUND SUMMARY On June 1, 2005, the Planning Director approved the Margarita Crossings Shopping Center, a Development Plan to construct and operate a 37,173 square foot mixed-use retail/office/restaurant center on 5.6 acres located at the southwest corner of Overland Drive and Margarita Road. Since approval of the Development Plan, the project site has been constructed and tenants include The Olive Garden restaurant, FirstTeam Realty, San Diego 1 County Credit Union, Wahoo's Tacos, and other retail/office uses. On March 1, 2011, Excel Engineering submitted a Tentative Parcel Map application to subdivide the 5.6 acre site into 4 parcels for financing purposes. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Tentative Map No. 36369 is for Financing Purposes and involves the subdivision of 5.6 developed acres into 4 lots. No new construction or development is proposed with this map. The lot sizes range from 30,161 net square feet to 77,996 net square feet, with an average lot size of 60,597 square feet. All buildings and associated improvements would remain. Access is provided to the center from Overland Drive and Nicole Lane (a private street). The existing reciprocal access and parking easement for the center would remain in effect. The proposed lot lines would not create a conflict with required Development Standards for the Community Commercial zone and the project would be consistent with the setback requirements, minimum lot size, and lot coverage for each lot. The overall center remains consistent with the open space requirements for the zone. The subdivision has been designed consistent with the Development Code, Temecula General Plan and Subdivision Ordinance. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on May 19, 2011 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA Section 15315, Class 15 Minor Land Division. FINDINGS (Per Municipal Code Section 16.09.140) Section 16.09.140, Tentative Map The proposed subdivision and the design and improvements of the subdivision are consistent with the Subdivision Ordinance, Development Code, General Plan and the City of Temecula Municipal Code. The proposed map is consistent with the Subdivision Ordinance, Genera/ Plan, and the City of Temecula Municipal Code. The Tentative Map does not divide land, which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965. . The proposed map does not impact land designated for conservation or agricultural use. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. 2 ' The proposed map subdivides 5.6 acres into 4 lots for financing purposes. The site is currently developed and no new development is proposed with this subdivision. The proposed Tentative Parcel Map design is consistent with the General Plan, as well as the development standards for the Community Commercial zoning designation. The design of the subdivision and the proposed improvements, with Conditions of Approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project consists of a Parce/ Map on developed property. No new improvements are proposed_ As conditioned, the subdivision is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. � The project has been reviewed by the Fire, Public Works, Planning, and Building and Safety Departments. As a result, the project is consistent or has been conditioned to be consistent with the City's General Plan and Municipal Code which contain provisions to protect the health, safety, and welfare of the public. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The Tentative Parcel Map creates 4 parcels that are already developed. No new construction is proposed with this Parcel Map. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. All acquired rights-of-way and easements have been provided on the Tentative Map. The City has reviewed fhese easements and has found no potential conflicts. The subdivision is consistent with the City's parkland dedication requirements (Quimby). The project does not involve the construction of any residential uses and is therefore not subject to the City's parkland dedication requirements. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A- Draft Conditions of Approval Notice of Public Hearing 3 VICINITY MAP } � W � Q Z W � � � a PA11-0056 OVERLAND DR O � F � Q � � Q � NICOLE CN � o zso soo Feet PLAN REDUCTIONS TENTATIVE PARCEL MAP NO. 36369 PLANNING APPLICATION NO. PAl 1-0056 FOR ASSCSSCWS NO; EX/SANGEASEMEN15 MARGARITA CROSSING I ,�>o-mu-uu LJreau,c�un, es „ozs es�.0 LEG.1G Gi�'.SGA/PAGW.� � �F'��uv,�xr.w�HC��a�„�i�-aoNirs rl��x��rAVr.w,vnxcuram��»+irn.HV�u�rmu� , ar, n a. r�,n . N rr�o rv Fe«x • �. �. U. 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R .'n .u.ri J . � ' � ' � ., .n � � ' _ _ a ' � _ � .w NUMBER Cl� CI�EN .S ACf LO75� �o cw a e �.. -.:. : ', i .— .�-..__..: .--a� --. - ' " �, ._ . r'� . ...- } - .. o , � - --{ ;. n�n. rr �n �,� j i 1 ��. , i OVERLAND : DRIVE I � �' g I r ^ � I I'� I. AVFkAQ�[OT.LIl. „ o ra-uur cra..u,.nsnr„arz,n .. - r, . . � - \ _ �� i oUS4Ji1S4I//i,lYrq4 GOi> A[D .fk R4f i.0 I ' '. . � � .� _ _.— r .� h �. . f � � . 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Atf r " r J � �� M - W il mtii' � f!tii - - / � \ �S4PKrwi.f.W1..:�A�GGt2Ki/L ....9<Hl�avn:IW.G4KV�P� �� / /M /uv u/Nf tII/.VCW AFLS WJ MYS�>�NANA�; t:tHVlNI PM� /Mnlutt � vn A �OAU. .vo oi�virnrw� FL(Kf9 AREA RAIIQV FAR .[LOI GYIY£RAGE .f p°£N SPACE -'R `�` \ � _ ""_ _ / / / / I / PARK/NC �, _- _ __'_ . .. . .._ _ . _ . _.___ . _ ._. _ _ . . _ ... .. . . . __ . _ '_ _ v.nrri ecanr; .ur. vsm� +x< —?� - vo -- +n ,i _ - - --� asi4risi �: � !OC/N/TY MAP mr.re ,ttsr � � v>e .vaevi xusr e — i I,JTi d 6/5� " 1 !.t?f_ � � _ ..._ � . __. _— . _ /'% I .! �.[ It _ —_ ; r,�6n - c ,r�.;�9>, ��r a �o m ie�r ier ncwvm�v . --- DH RESOLUTION DH RESOLUTION NO. 11- A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11-0056, TENTATIVE PARCEL MAP NO. 36369 (FOR FINANCING PURPOSES) TO . : SUBDIVIDE THE MARGARITA CROSSINGS SHOP�ING _ CENTER FROM ONE EXISTING LOT INTO FOUR LOTS, �. LOCATED AT THE SOUTHWEST CORNER OF OVERLAND DRIVE AND MARGARITA ROAD (APN 921- 810-033) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: � A. On March 1, 2001, Matt Muckerman of Excel Engineering, filed Planning Application No. PA11-0056, Tentative Parcel Map. Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Director, at a regular meeting, considered the Application and environmental review on June 2, 2011, at a duly noticed public hearing as prescribed , by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. � D. At the conclusion of the Director's Hearing and after due consideratior�. of the testimony, the Planning Director approved Planning Application No. PA11-0056 subject to Conditions of Approval, after finding that the project proposed in Planning ;. Application No. PA11-0056, conformed to the City of Temecula's General Plan Development Code, and Subdivision Ordinance. Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA11-0056, hereby makes the following findings as required by Municipal Code Section 16.09.140, Tentative Map. A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Subdivision Ordinance, Development Code, General Plan and the City of Temecula Municipal Code; -:, The proposed map is consistent with the Subdivision Ordinance, General Plan; = and the City of Temecula Municipal Code. � B. The Tentative Map does not divide land, which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965; The proposed map does not impact land designated for conservation or agricultura! use. " C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map; The proposed map subdivides 5.6 acres into 4 lots for financing purposes. The site is currently developed and no new development is proposed with this subdivision. The proposed Tentative Parcel Map design is consistent with the General Plan, as well as the development standards for the Community Commercial zoning designation. D. The design of the subdivision and the proposed improvements, with Conditions of Approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; The project consists of a parcel map on developed property. No new improvements are proposed. As conditioned, the subdivision is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; The project has been reviewed by the Fire, Public Works, Planning, and Building and Safety Departments. As a result, the project is consistent or has been conditioned to be consistent with the City's General Plan and Municipal Code � which contain provisions to protect the health, safety, and welfare of the public. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; The Tentative Parcel Map creates 4 parcels that are already developed. No new construction is proposed with this parcel map. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided; All acquired rights-of-way and easements have been provided on the Tentative Map. The City has reviewed these easements and has found no potential conflicts. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby); The project does not involve the construction of any residential uses and rs therefore not subject to the City's parkland dedication requirements. Section 3. Environmental Findings. The Planning Director hereby makes the following environmental findings and determinations in connection with the approval of the Tentative Parcel Map Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (CEQA Section 15315, Class 15, Minor Land Division). 1. The project involves commercial land to be subdivided into 4 lots in conformance with the General Plan and zoning designation of Community Commercial. 2. All services and access to the proposed parcels are available; the parcel has not been involved in a division of a larger parcel within the previous 2 years; the parcel does not have an average slope greater than 20 percent. Section 4. Conditions. The Planning Director of the City of Temecula approves Planning Application No. PA11-0056, Tentative Parcel Map No. 36369 (for Financing Purposes) to subdivide the Margarita Crossings shopping center from one existing lot into four lots, located at the southwest corner of Overland Drive and Margarita Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Director this 2" day of June 2011 Patrick Richardson, Planning Director I, Cynthia Lariccia,- Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 11- was duly and regularly adopted by the Planning Director of the City of Temecula at a regular meeting thereof held on the 2" day of June 202011. Cynthia Lariccia, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A � CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA11-0056 Project Description: Tentative Parcel Map No. 36369 (for Financing Purposes) to subdivide the Margarita Crossings shopping centerfrom one existing lot into four lots, located at the southwest corner of Overland Drive and Margarita Road. Assessor's Parcel No.: 921-810-033 MSHCP Category: N/A no new construction DIF Category: N/A no new construction TUMF Category: N/A no new construction , � Approval Date: June 2, 2011 Expiration Date: June 2, 2014 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four pollars ($64.00) for the Counry administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements PL-2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the three year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL-5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL-6. A separate building permit shall be required for all signage. PL-7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-8. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL-9. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL-10. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. An Extension of Time may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 60 days prior to the expiration date. PL-11. If subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Planning Director. PL-12. The applicant shall comply with the Public Art Ordinance. PL-13. All landscaping, walls, fencing, parking and on-site lighting shall be maintained by the property owner or maintenance association. Prior to Recordation of the Final Map PL-14. A copy of the Final Map shall be submitted to and approved by the Planning Department. PL-15. A copy of the Environmental Constraint Sheet (ECS) shall be submitted to and approved by the Planning Department with the following notes: a. This property is located within 30 miles of Mount Palomar Observatory. All � proposed outdoor lighting systems shall comply with the California lnstitute of Technology, Palomar Observatory recommendations, Ordinance No. 655. PL-16. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by ' deeds and shall be recorded concurrent with the map. PL-17. Prior to final map recordation the applicant shall submit a georectified digital version of the map including parcel and street centerline information (pursuant to Riverside County standards). The electronic file will be provided ina ESRI ArcGIS compatible format and projected in a State Plane NAD 83 (California Zone VI) coordinate system. The City must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. OUTSIDE AGENCIES PL-18. The applicant shall comply with the recommendations set forth in the Rancho Water DistricYs transmittal dated May 12, 2011, a copy of which is attached. FIRE PREVENTION General Requirements F-1. All previous existing conditions for this project, Specific Plan, or Development Agreement will remain in full force and effect unless superseded by more stringent requirements here. F-2. A reciprocal access will be required for the site. This will need to be noted on the final map. F-3. This development shall maintain two points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau (CFC Chapter 5) PUBLIC WORKS DEPARTMENT General Requirements PW-1. The Department of Public Works recommends the following Conditions of Approval for this project. Unless otherwise noted, all conditions shall be completed by the developer at no cost to any Government Agency. PW-2. It is understood that the developer correctly shows on the Tentative Map all existing and proposed easernents, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PW-3. All onsite drainage and water quality facilities shall be privately maintained. Prior to approval of the Parcel Map, unless other timing is indicated, the developer shall complete or have plans submitted and approved, subdivision improvement and monumentation agreements executed and securities posted. PW-4. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. City of Temecula Fire Prevention Bureau d. Planning Department e. Riverside County Health Department f. Cable TV Franchise g. Community Services District h. Verizon i. Southern California Edison Company j. Southern California Gas Company, or other affected agencies PW-5. Relinquish and waive right of access to and from Overland Drive on the Parcel Map with the exception of one opening as delineated on the approved Tentative ParcelMap. PW-6. Relinquish and waive right of access to and from Margarita Road on the Parcel Map with no openings as delineated on the approved Tentative ParcelMap. PW-7. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard Number 805. PW-8. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. PW-9. Any delinquent property taxes shall be paid. PW-10. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel Map to delineate identified environmental concerns and shall be recorded with the map. . PW-11. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. PW-12. The developer shall make a good faith effort to acquire the required off site property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the Parcel Map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall be approved by the City prior to commencement of the appraisal. PW-13. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the Final Map. PW-14. An easement for a joint use driveway shall be provided prior to approval of the Parcel Map or issuance of building permits, whichever occurs first. PW-15. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the Final Map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the Final Map. A note shall be added to the Final Map stating "drainage easements shall be kept free of buildings and obstructions." May 12, 2011 � �� r � � zcr�� Cheryl Kitzerow Board of Direciors ��...� City of Temecula Lawrence �I. Libeu � PresidenE P�$t �fllCe B�X 9�J3 .Jona E. xoa��ana Temecula, CA 92589 �r. Vice President ' Stephen J. c��na SUBJECT: WATER AVAILABILITY $e° ft. Drd'`e MARGARI�'A CROS�Ill1G; TENTATIVE PARCEL 1VI�iP , Lisa 0. Herman NO. 36369; PARCEL NO. 3 OF PARCEL MAP NO. 30107; 6S`illiam E. Plummer . APN 921-810-033 [EXCEL ENGINEERINGJ R�land C. Skumawitz o�r•:�e,�_ Dear Cheryl: titatthew G. Stone cener�<<Iaraaz� Please be advised that the above-referenced project/property is located within x��h�,rd s. �v;��,��;o�. P.E. the service boundaries of Rancho California Water District (RC WD). A„i�tanc General l�Iana�er . Jef&ey D. aizn;tron� c�.:et�F�nan��a�oeF�er,T�ea„a��r The subject project/property fronts an existing 12-inch diameter water pipeline �. cra; E��tharp, P.E. (1305 Pressure Zone) within Nicole Lane, an existing 12-inch diameter water D_reciorot" opE�a��on,a pipeline (1305 Pressure Zone) within Margarita Road and a 16-inch water �Iaiatenance � Perry ft. Louck pipeline (1305 Pressure Zone) within Overland Drive. Dieccor of Ptannina �naTe�� L. Webster, P.E. WateT service to the subject project/property exists (under Account No. Chie.+ [:neineer he,,; E. Gdt.�;a 10047699, No. 10047698, No. 1004796, No. 10047663, and No. 10041 �91). °�=�l�i�� e�r'tar-: Additions or modifications to water service arrangements are subject to the s�m B Bt &'KT P Rules and Regulations (governing) Water System Facilities and Service, as well General Counsel as the completion of financial arrangements between RCWD and the property owner. ' Since private (on-site) facilities exist for water service, fire protection, irrigation, and/or other purposes, RCWD requires recordation of a Reciproca! Easement and Maintenance Agreement {see enclosed) for such on-site private facilities, where private on-site water facilities may cross (or may be shared amongst) multiple lots/project units, and/or where such `common' facilities may be owned and maintained by a Property Owners' Association (proposed now or in the future). Therefore, the recordation of this Reciprocal Easement and Maintenance Agreement must occur upon recordation of Parcel Map No. 36369. l 1 \PM:hab009\F450\F EG Rancho.California t'Vater District 4213�'t§ inchesier Road • Po;t OfSce Box 9017 • Temzcula. California 92089-90i7 •(90ll 296-6900 • F.AX (9n71 29F-hRFn Cheryl Kitzerow/City of Temecula May 12, 2011 Page Two There is no recycled water currently available within the limits established by Resolution 2007- 10-5. Should recycled water become available in the future, the project/property may be required to retrofit its facilities to make use of this availability in accordance with Resolution 2007-10-5. Recycled water service, therefore, would be available upon construction of any required on-site and/or off-site recycled water facilities and the completion of financial arrangements between RC WD and the property owner. Requirements for the use of recycled water are available from RCWD. If new facilities are required for service, fire protection, or other purposes, the project proponent should contact RCWD for an assessment of project-specific fees and requirements and for a determination of existing water system capability, based upon project-specific demands and/or fire flow requirements, as well as a determination of proposed water facilities configuration. Please note that separate water meters will be required for all landscape irrigation. Sewer service to the subject project/property is provided by Eastern Municipal Water District. If you should have any questions or need additional information, please contact an Engineering Services Representative at this office at (951) 296-6900. Sincerely, RANCHO CALIFORN[A WATER DISTRICT ..�e�2�i� 1 ` Peter Muserelli Engineering Project Coordinator � Enc losure cc: Corey Wallace, EngineerinQ Manager Warren Back, Engineering Planning Manager Ken Cope, Construction Contracts Manager Laurie Williams, Engineering Services Manager 1 t\PM:hab009\F450\FEG � Rancho California Water Districi RECORDING REQUESTED BY AND WFIEN RECORDED RETURN TO: [INSERT NAME] [INSERT ADDRESS] Space Above This Line for Recorder's Use �2ECIPROCAL EASEMENT AND MAINTENANCE AGREEMENT (Private Fire Protection, Domestic Water, Reclaimed Water, Landscape, and/or Sewer System) This agreement ("Agreement") is executed by , a[INSERT TYPE OF COMPANY) ("Developer"), to provide for reciprocal easements and the maintenance of a [INSERT, AS APPROPRIATE: fire line AND/OR water line] and related facilities on such parcel(s) as set forth and legally described in E�ibit "A" attached hereto and incorparated herein (the "Parcel(s)"). 1. UNDERLYING FACTS/RECITALS 1.1 This Agreement is executed for the benefit of all present and future Owner(s) of the Parcel(s) (the "Owner(s)"), the Rancho California Water District ("District�') [and INSERT ANY OTHER PUBLIC AGENCIES WITH JURISDICTION OVER THE PARCELS]. This Agreement is required as a condition of development of the Parcel(s), and will run with the Parcel(s) in perpetuity as a covenant and equitable servitude. 1.2 As applicable, to provide fire protection, domestic/landscape water, and/or sanitary sewer far the Parcel(s), water supply lines, sewer lines, fire hydrants, fire department connections, post-indicator valve devices, reduced pressure devices, andlor all related facilities and appurtances as more specifically described in Exhibit "B" ("Facilities"), have been or will be � installed on the Parcel(s) in the area past the Districts' facilities and depicted on attached E�ibit "C" ("Easement Area"). The parties desire to provide for the maintenance and repair of the Facilities, and to provide a method for sharing of maintenance and repair costs, commodity charges, monthly capacity charges, and other applicable Facilities charges between the Owner(s) of the Parcel(s). � 2. RECIPROCAL EASEMENTS AND MAINTENANCE 2.1 The Owner of each of the Parcel(s) shall have a non-exclusive easement, appurtenant to each of the Parcel(s), over, under, alorig, and across the Easement Area for the Facilities and purposes incidental thereto. No Owner shall unreasonably interfere with or interrupt the use of such easement. 08\ : \F312\(project No.) i Reciprocal Easement and Maintenance Aereement 22 Until the sale or other transfer of all the Parcel(s) by Developer, Developer shall serve as the agent to contract for and oversee such maintenance and repair of the Facilities ("Agent"). At such time as Developer is no longer the Owner of any of the Parcel(s), the Owner of Parcel(s) [INSERT PARCEL NLTMBER(S)], or the legally recognized Property Owners' Association, shall serve as the Agent to contract for and oversee such maintenance and repair. The Agent shall be responsible for the collection and payment of the Facility and Use Charges on behalf of the Owner(s) to the District. In the event that Agent defaults in its obligations under this Agreement and the default remains uncured for thirty (30) days after written notice to cure from any Owner or if the default is of a nature that reasonably cannot be cured within thirty (30) days after notice and Agent fails to commence action to cure the default and thereafter diligently proceed to cure the default, then a substitute Agent may be appointed by the remaining Owner(s). The substitute Agent shall be appointed by the majority vote of the remaining Owner(s) with each Owner having one vote for each parcel of the Parcel(s) owned by such Owner. The substitute Agent elected shall serve as and have all powers of the Agent under this Agreement until such Agent is removed as a result of such Agent's default under this Agreement and a new Agent elected. 2.3 The Facilities shall be maintained and repaired by the Owner(s) in accordance with industry standards. All charges related to the Facilities, including without limitation the cost of such maintenance and repair and/or water and sewer usage charges, domestic and landscape meters, and sanitary sewer service, as may be applicable, (collectively, the "Facility and Use Charges") shall be paid to the District by the Owner(s) of each of the Parcel(s) on an equal basis, on a prorated basis with private metering provisions, or on a combination of both equal and prorated, as determined to be most equitable method by the Agent . Notwithstanding the above, any water andlar sewer usage or other charges for unautharized use of the Facilities shall be paid by the Owner of the Parcel(s) responsible for the water and/or sewer usage or other charges for unauthorized use, regardless if the unauthorized use occurs on the parcel owned by the Owner of the Parcel(s). Any maintenance and repair costs of a private meter shall be the sole responsibility of the Owner of the Parcel(s) which the private meter serves. 2.4 The Agent shall from time to time, but not more often than once each calendar � month, nor less than four times each calendar year, send to each Owner a written statement of the total costs and expenses of such Facility and Use Charges for the period of the preceding month or longer. In the alternative, Agent may, at its option, reasonably estimate such expenses in advance for the calendar year and bill each Owner for such expenses on an equal monthly basis provided each Owner has been notified in advance and in sufficient detail for them to determine the reasonableness of such estimate. Within ten (10) days after receipt thereof, each Owner shall pay to Agent their share of such costs and expenses as set forth above. If such expenses are billed on an estimated basis, an annual adjustment based on actual expenses shall be made within ninety (90) days following the closing of each calendar year. If any Owner's share of the actual costs for any calendar year exceeds the amount paid by Owner to Agent, the Owner shall within ten (10) days of billing reimburse Agent for the amount of excess; provided, however, if any Owner's share for any calendar year is less than the amount Owner has paid to Agent, Agent shall promptly refund the difference to such Owner. Agent shall keep complete books of account covering the Facility and Use Charges and preserve far at least twenty-four (24) months after the close of each calendar year all vouchers, invoices, statements, and other papers evidencing the said costs and expenses for that calendar year. Any Owner shall have the right to examine and/or audit the books and records evidencing such costs and expenses for the previous two (2) calendar years, at reasonable business hours and with prior written request to Agent. 08\_:_�F3121(project No.) 2 Reciprocal Easement and Maintenance Agreement 2.5 The Agent shall be responsible for arranging for the maintenance and repair of the Facilities, and for paying the costs associated with the Facilities. The Owner(s) understand and acknowledge that Agent may contract or delegate its responsibilities hereunder to a property manager or management company, the expense of which will be included in the Facility and Use Charges. Such amounts shall be due and payable to the Agent within ten (10).days after delivery of a written statement therefare. If any Owner fails to pay such Owner's share of the Facility and Use Charges, the Agent shall be entitled to collect a late payment charge equal to the greater of $100 or 6% of the amount due, plus interest on the amount due at the lesser of (a) the highest rate permitted by law or (b) three percent (3%) per arinum in excess of the prime rate of interest as publicly announced from time to time by Bank of America. Any and all delinquent amounts, together with said interest, costs, and reasonable attorneys' fees shall be an obligation of the Owner required to pay such sums as well as a lien and charge upon the Owner's Parcel(s). The District may bring an action at law against any Owner obligated to pay any such sums or foreclose the lien against such Owner's Parcel(s). The lien and right of foreclosure shall be in addition to and not in substitution for all of the rights and remedies which the District or Agent may have hereunder � and by law. 2.6 Each Owner shall have the right to enter, and to authorize others to enter, upon the other Parcel(s) for purpose of maintaining and repairing the Facilities on the Parcel(s) in accordance with this Agreement. 3. GENERAL PROVISIONS 3.1 If any action is instituted between the parties in connection with this Agreement, the prevailing party shall be entitled to recover from the losing party the prevailing party's costs and expenses including court costs and reasonable attorneys' fees. 3.2 This Agreement shall bind and inure to the benefit of the respective successors and assigns of the parties. The provisions hereof shall constitute covenants running with the land in accordance with California Civil Code Section 1468, and shall be fully enforceable by and against all successors in title to all or any portion of the Parcel(s). 3.3 LJpon the sale ar other transfer of a Parcel(s), the successor Owner of such Parcel(s) shall be deemed to have assumed all liability of such transferring Owner accruing under this Agreement after the effective date of such transfer, and the transferring Owner shall be released from any liability accruing under this Agreement after the effective date of such transfer. 3.4 This Agreement shall be governed by the laws of the State of California. 3.5 Upon the request of any party hereto, each party shall sign, acknowledge, and deliver any such documentation as may be required to further effectuate the terms of this Agreement. 3.6 No breach of this Agreement shall entitle any party to cancel, rescind, ar , otherwise terminate this Agreement, but such limitation shall not affect, in any manner, any other right or remedies that the parties may have by reason of any breach of this Agreement. 3.7 This Agreement contains the entire agreement between the parties relating to the rights granted herein. Any oral understandings, discussions, ar representations concerning this 08\_:_�F312\(project No.) 3 Reciprocal Easement and Maintenance Agreement Agreement shall be of no force or effect, excepting a subsequent modification in writing, signed by the party to be charged. Owner By: . Its: � � 08\ : \F312\(project No.) 4 Reciprocal Easement and Maintenance Agreement EXHIBIT "A" LEGAL DESCRIPTION OF PARCEL(S) � Parcel(s) _ through _ of Parcel(s) Map as shown by map on file in book of Parcel(s) Maps, pages _ through _ thereof, Riverside County Records, California. Recorded Instrument No. 08\ : �F'312\(project No.) 5 Reciprocal Easement and Maintenance Ag.reement EXHIBIT "B" DESCRIPTION OF FACILITIES [INSERT DESCRIPTION OF FACILITIES AND LEGAL DESCRIPTION OF LOCATION] 08\_:_�F312\(project No.} ( Reciprocal Easement and Maintenance A�eement , EXHIBIT "C" EASEMENT AREA [INSERT DESCRIPTION OF EASEMENT AREA] 08\ :_�F312\(project No.) '7 Reciprocal Easement and Maintenance Agreement NOTICE OF PUBLIC HEARING �\\ I �/i � `" �`�� ; Notice of Public Hearin g ��' I989 "�` � A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING DIRECTOR to consider the matter described below: Case No: PA11-0056 Applicant: Matt Muckerman, Excel Engineering Proposal: A Tentative Parcel Map No. 36369 (for Financing Purposes) to subdivide the Margarita Crossings shopping center from one existing lot into four lots, located at the southwest corner of Overland Drive and Margarita Road. Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA Section 15315, Class 15, Minor Land Division. Case Planner: Cheryl Kitzerow, (951) 694-6409 Place of Hearing: City of Temecula, Great Oak Conference Room Date of Hearing: June 2, 2011 Time of Hearing: 1:30 p.m. PA 1 '1-Q056 �� Y �� .�� ,9 �� .��, �, {� �� . � ` ��ai� .��w� �� ' ��. �l . " n�.�. t I!��' � r i '�� I . � -..� �w� �1� � � , I; `�� , y�� _ r� � o z ,0 5ao Feea Any person may submit written comments to the Planning Director before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Director shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Director, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. The proposed project application may be viewed at the City of Temecula Planning Department, 41000 Main Street, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner.