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Home My WebLink About011591 CC AgendaAGENDA TEMECULA CITY COUNCIL A REGULAR MEETING TEMECULA TEMPORARY COMMUNITY CENTER- 27475 COMMERCE CENTER DRIVE JANUARY 15, 1991 - 6:30 PM Next in Order: Ordinance: No. 90-02 Resolution: No. 90-04 EXECUTIVE SEssION: Closed session pursuant to Government Cede Section 54956.9(c) to consider pending litigation. CALL TO ORDER: Invocation Flag Salute ROLL CALL: PRESENTATIONS/ PROCLAMATIONS Pastor Roger Sowder Oak Springs Presbyterian Church Councilmember Lindemans Birdsall, Lindemans, Moore, Mu~oz, Parks 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. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item not listed on the Agenda, 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 'Request To 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'. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. 2/110end~ro 11681 1 01110/91 CONSENT CALENDAR Standard Ordinance Adoorion Procedure RECOMMENDATION 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Statement of Revenues and Exl~enditures for the Month EndinQ November 30. 1990 RECOMMENDATION: 2.1 Receive and file report. 3 City Treasurer's Re[~ort for the Month Ending November 30. 1990. RECOMMENDATION: 3.1 Receive and file report. 4 CFD 88-12 - Notice of Exemotion from California Environmental Quality Act for Park Land Ac(]uisition RECOMMENDATION: 4.1 Direct the City Clerk to file the attached Notice of Exemption with the Riverside County Clerk. 5 Sam Hicks Park - Agreement with County to Fund Street and Parking Lot ImDrovements with Community DeveloPment Block Grant Funds RECOMMENDATION: 5.1 Authorize the Mayor to execute the attached agreement. 2/IOE~I~O 11591 2 01110JI1 Household Hazardous Waste Disoosal Site RECOMMENDATION: 6.1 Authorize the City Manager to send a letter to the County of Riverside offering to fund a Household Hazardous Waste facility and supporting a compost area located with the planned Murrieta Material Recovery Facility. 7 Final Vestine Tract Man No. 23142 RECOMMENDATION: 7.1 Approve Final Vesting Tract map No. 23142, Amended No. 1, subject to the Conditions of Approval. 8 Reconsideration of Acceotance of Public Improvements - Parcel Mao No. 23354 RECOMMENDATION: 8.1 Reconsider the acceptance of Public Improvements and the reduction in Letters of Credit previously approved for Parcel Map No. 23354. 8.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors of the City Council's action. PUBLIC HEARINGS 9 Recommendation to the County Board of Suoervisors Regarding the Procedure for ADoroving Aoolications for Locatine Solid Waste Transfer Facilities RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING PROCEDURES FOR REVIEW OF SOLID WASTE TRANSFER FACILITIES WHICH ARE DESIGNED TO RECOVER FOR REUSE OR RECYCLING LESS THAN 15 PERCENT OF THE TOTAL VOLUME OF MATERIAL RECEIVED BY THE FACILITY AND SERVING ONLY ONE JURISDICTION. 2/Igendl/O 11581 3 01/10/91 9.2 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING PROCEDURES FOR REVIEW OF SOLID WASTE TRANSFER FACILITIES WHICH ARE DESIGNED TO RECOVER FOR REUSE OR RECYCLING LESS THAN 15 PERCENT OF THE TOTAL VOLUME OF MATERIAL RECEIVED BY THE FACILITY AND SERVING MORE THAN ONE JURISDICTION. 10 Plot Plan No. 34, Tentative Parcel Ma;) No. 25059, ChanQe of Zone Nos. 6 and 7 A proposal to construct a seven-story office building, a 7,872 square foot restaurant, a four-level parking structure containing 134,933 square feet and a building pad for a proposed 7,000 square foot restaurant on 5.51 acres located at Ridge Park Drive, southwest side approximately seventy feet east of its intersection with Rancho California Road. RECOMMENDATION: 10.1 Adopt a Negative Declaration for Plot Plan No. 34, Tentative Parcel Map No. 25059 and Change of Zone Nos. 6 and 7. 10.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO DEVELOPMENT STANDARDS IN THE I-P ZONE (INDUSTRIAL PARK) 10.3 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 6 TO CHANGE THE MAXIMUM HEIGHT LIMITATiON CONTAINED IN THE DEVELOPMENT STANDARDS FOR THE I-P (INDUSTRIAL PARK) ZONE ON THIS SITE FROM 50 TO 91 FEET LOCA TED ON RIDGE PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NO. 940-310- 033, 034, AND 037. 21~gend~O 11681 4 01/10/91 0.4 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 7 TO AMEND ORDINANCE NO. 348, SECTION 10.4(b), TO INCREASE THE MAXIMUM HEIGHT PERMITTED FOR BUILDINGS AND/OR STRUCTURES, WITHIN THE I-P (INDUSTRIAL PARK) ZONE, TO 105 FEET. 10.5 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF. THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 34 TO CONSTRUCT A 276,312.5 SQUARE FO0 T OFFICE/RES TA URANT DEVEL OPMENT ON A PARCEL CONTAINING 5. 51 ACRES LOCATED ON RIDGE PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NOS. 940-310-033,034, AND 037. 10.6 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE PARCEL MAP NO. 25059 TO SUBDIVIDE A 5.51 ACRE PARCEL INTO FOUR (4) PARCELS LOCA TED ON RIDGE PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NOS. 940-310-033, 034, AND 037. COUNCIL BUSINESS 11 Aooroval of City Stationary RECOMMENDATION: 1 1.1 Approve the City stationary and business card using the approved seal design and direct staff regarding its use. 12 URM (Unreinforced Masonry Buildings) Ordinance/Senate Bill No. 547 Oral Presentation by Building 'Official Tony Elmo 01110/~1 13 Quarterly Reoort - Planning Deoartment RECOMMENDATION: 13.1 Receive and file staff report. 14 Quarterly Reoort - EnQineerinQ Deoartment RECOMMENDATION: 14.1 Receive and file staff report. 15 Quarterly Reoort - Building and Safety Deoartment RECOMMENDATION: 1 5,1 Receive and file staff report, 16 Solid Waste Haulinq and Recvclinc] - Reeuest for Prooosals RECOMMENDATION: 16.1 Authorize issuance of the attached Request for Proposals for solid waste hauling and recycling. CITY MANAGER REPORT CITY ATTORNEY REPORT CITY COUNCIL REPORTS ADJOURNMENT Next regular meeting: January 22, 1990, 7:00 PM, Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California. 2/egendWO 11Eel e 01110/81 ITEM NO. 1 ITEM NO. 2 APPROVAL CITY ATTORNEY FINANCE OFFICER'~ CITY MANAGER TO: FROM: DATE: SUBJECT: C/7~ OF TEMECULA AGENDA REPORT City Manager/City Council Mary Jane Henry, Finance Officer January 15, 1991 Statement of Revenues and Expenditures for the Five Months Ended November 30, 1990 RECOMMENDATION: That the City Council receive and file the Statement of Revenues and Expenditures for the Five Months Ended November 30, 1990. DISCUSSION: The attached statements reflect the activity of the City for the five months ended November 30, 1990. In reviewing the following statements, please note that 42% of the current fiscal year has lapsed as of November 30, 1990. Forty-four percent of general fund revenues were collected as of November 30, 1990. A slump in housing sales resulted in a decline in property transfer tax collections.To date, we have collected 31% of estimated sales tax. In Community Development, Planning fees reflect the slow down in the development industry at 14% of expected fees. Engineering fees exceed the estimate as a result of a back log of projects from the Spring of 1990, an increase in fees at September 1, as well as a $200,000 collection from the County for cases transferred to the City. General fund expenditures totalled 27% of budget. Certain negative variances result from June 30 encumbrances paid during fiscal year 1991. There is no impact on unreserved fund balance as of November 30, as these amounts had been reserved at June 30. In Building and Safety, 68% of appropriations have been expended to date due to sevices rendered by Willdan Associates based on hourly rates rather that seventy-five percent of building plan check fees. Additionally, Willdan Associates continues to staff the Building and Safety Department. The originally adopted budget only included staffing by Willdan Associates through September 30, 1990. Gas Tax revenues to date were transferred to the General Fund to be used for road and traffic improvements. As of June 30, 1991, any unexpended gas tax revenues will be transferred back to the Gas Tax Fund and will be reserved for future road improvements. In the Development Impact Fee Fund, there was a decline in revenues for November due to the slump in the building industry. ATTACHMENTS: Statement of Revenues and Expenditures for the Five Months Ended November 30, 1990. c: I ~ 0 ~ m ~ · 0 oes.~ · ~.~ 0 m 0 m ~ ~ 0 ~ ~ ~o~oo~o ~ ~ o ~ ~ ~ o ~ ~ 0 ~ ~ o~~o o~o~ JJJJJJ O~ ~ ~o~oo~ ~o~~o~ o~o o~oo 0~o o~o~ o~o o~o~ ~ 0 U U 0 ~ 0 m 0 ~0 m -H ~ 0 m 00000 ~ ~ ~ 0 ~ 0000000 ~ 00 0 ~000~ ~0~00 O0000~00 0~ ~00000 ~0000 ~00 ~ ~ 0 O~ mm ~ E m · U -~ -~ ~ ~ ~ -~ ~ ~ ~ .~ -~ C 0 0 ,-I 0 0 ~ ~00~ + · -~ o o o u~ o o ~o~o oo ~o0~o O0 o~~ oo ~ ~ oO ,-I o (J O~00~ II o II ~ II (~1 II - tl I-,, II o II ~-, II ,,, II · -i II ~ II 0 II ~ II 0o II .,. II ,=1 II o II o II - II eq II -.-- II 0 m ~ ,~ ~ ~0 ~ 0 ~ ~ 0 E m.~ · .~ 4J ~} 0 m o 4J u u D..1 u u 0 ~ 0 u 0 o o o o ~ ~ u'l o ~ o 0 o o ~o ~o ~ o I o4 I I I I ~oo coo m ~o~ oo ooo oo ooo ~ o~o o o o o o o 0 0 o o o o o o o o 0 o o o II c,4 II ,-I II ~-I II II II II II II II II II II II Ll') II ~-I il O0 II '.. II l.r) il ~ II II II II II il l.~ II ~ il ~ II - II 0 II ~ II II II li II II II 0 II "~ II ~:) II '. il a:) II II II II II 0 II ~:) II ~,D II - II ~ II ('~ II II il II II r'-. il (',,I II 0'~ II -. II i".- II ('4 II II II li U -,..4 0 0 ~ 0 .-4 O0 0 0~0 ~0 0 0 O~ ~0 0 ~ ~i 0 0 0 0 O0 0 0 ~ 0 0 ~ m'l u~ ,-~ 0 0 0 II ,,O II ',. II ~ II ~1 It ~Z) II II II It II II ,-¢ II ~ II ~ II ,,. II ~ II O~ II ~ II II II II II ~0 II ',~ II ~ II ~. II r'~ II ~n II II II 11 II II II ,-~ II o,I II '~ II ~ II ,,D II ;~ II II II II m II 0 II 0 II ',. II 0 II '~ II I! II II LO II i,n II o', II ~ II 0 II c~ II 0 I! ',- II ,""~ II II APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Mary Jane Henry, Finance Officer January 15, 1991 City Treasureds Report for the Month Ended November 30, 1990 RECOMMENDATION: That the City Council receive and file the City Treasurer's report for the month ended November 30, 1990. DISCUSSION: Reports to the City Council regarding the City's investment portfolio and receipts, disbursements and fund balance are required by Government Code Sections 53646 and 41004 respectively. Accordingly, the City's investment policy includes these Government Code Sections as an integral part of City policy. FISCAL IMPACT: None ATTACHMENT: City Treasurer's Report for the Month Ended November 30, 1990. C o~ooo o~ooo 0~ o~ooo o~ooo o o o o c) c) o o c) o o o o o o o o o o o o o c~ o u~ o ~D 0 r~ 0 ~o 0 c~ J o ,-t II II ,.o II ,-I II o~, II ~ II ~ II ~ II o II ~ II ,-i II II II II II ,-I II u') II m II ,.. II t'~ II o~ II ~ II II II II II II II II II II II II II II II II II (x) II o II m~, II - II ~o II ,-t II ,-t II II II ~ II (~ II ,,o II .,. II ~ II ,.-I II ~o II II II II II II II II II II II II II II ~ o ~ ~ ~ ~ o o ~ ~ o ~o~ ~ o oooo~ o 0 0 O :~ 0 ..4 O m O .,4 O,-~ : o~o~o o~o~o ~~O ~ '~' o ~D ~O O OOOOO OOOOO ~~O .~'. 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II II U1 II t.~ II II II II II II '. II 0 II OD II II ~ II I1 I.-. II II II 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 ITEM NO. 3 II II I.~ II ~, II o II !~ II o II II II Ln II 01 II II II II ~ II II 0 II ~, II 0 II 0 II II II II II II ~ II ~. II ~ II I~ II I.-, II II II I1 II II II ~ II '~ II II I~ II O~ II m II II II II II II '~' II II · II I~ II ~ II I.-, II II II II II II ~, II I~ II II '. II O~ II (~ II II o o o 0 0 0 ~ u~ o o o o I-~ i-, L~ td I-~ 0 fl) m City of Temecula City Treasurer's Report For the Month Ended November 30, 1990 Cash Activity: Beginning Balance, November 1, 1990 $ 4,771,187 CashReceipts 936,871 Cash Disbursements (794,307) Cash and Investments as of November 30, 1990 $ 4,913,751 Cash and Investments Portfolio as of November 30, 1990: Description Institution Yield Maturity Balance Money Market Demand Deposits Certificate of Deposit Demand Deposits Sweep Account Petty Cash L.A.I.F. Overland Bank Overland Bank Overland Bank Security Pacific Pacific Horizons N/A State Treasurer 6.50% 4.75% 8.25% N/A 7.51% 7.58% 8.52% N/A N/A 2/26/91 N/A N/A N/A N/A 1,145 30,904 100,000 (384,825) 716,177 350 4,450,000 Cash and Investments as of November 30, 1990 $ 4,913,75I APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Director of Community Services January 15, 1991 Sponsor's Agreement for the use of Community Development Block Grant Funds PREPARED B~ Gary King, Park Development Coordinator RECOMMENDATION: Authorize the Mayor to execute the attached agreement with the County of Riverside. BACKGROUND: This agreement will provide $50,000 in Community Development Block Grant (CDBG) funds to be used to improve access to Sam Hicks Park by installation of 800 linear feet of curbs, gutters, sidewalks, match up asphalt and street lights along Moreno Road and Mercedes Street and the construction of a parking lot to serve the park, the fire station and the proposed museum. FISCAL IMPACT.' The City, as the sponsor of this project, will provide $70,000 to complete the public facilities and improvements during the program year. JSG ITEM NO. 4 ITEM NO. 5 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MA NA GER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: MEETING DATE SUBJECT: CITY MANAGER/CITY COUNCIL SCOTT F. FIELD, CITY ATTORNEY JANUARY 4, 1991 JANUARY 15, 1991 CFD $8-12 - NOTICE OF EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR PARK LAND ACQUISITION RECOMMENDAT/ON: That the City Council direct that the attached Notice of Exemption be filed with the Riverside County Clerk. DISCUSSION: One of the projects to be funded in the first series of bonds from CFD 88- 12 is park land acquisition in the amount of $2 million. However, before bonds may be sold for any specific project, the California Environmental Quality Act ("CEQA") must be satisfied. This requires that either a negative declaration or an environmental impact report be issued, unless the project is exempt from CEQA. Park land acquisition is one such exempt project. Section 15316 of the State CEOA Guidelines provides that park site acquisition is categorically exempt from CEOA because merely acquiring existing land cannot have an impact on the environment. (It should be noted that this is only for acquisition of vacant land; it does not cover construction of improvements.) Given that this project is categorically exempt, it is appropriate that the City Council direct that a Notice of Exemption be filed with the County Clerk. By filing this Notice of Exemption, the City will trigger a thirty-five (35) day statute of limitations for challenging the City's action in finding this project exempt from CEQA. ATTACHMENTS: - Notice of Exemption NOTICE OF EXEMPTION TO: County Clerk FROM: County of Riverside 4080 Lemon Street, 9th Floor Riverside, California 92501 City of Temecula 43172 Business Park Drive Temecula, California 92390 Community Facilities District 88-12 - Funding for acquisition of park land Project Title Undetermined - Within the Citv of Temecula Project Location City of Temecula Project Location - City Riverside County Project Location - County Ac(~uisition of park land Description of Nature, Purpose, and Beneficiaries of Project City of Temecula Name of Public Agency Approving Project City of Temecula Name of Person or Agency Carrying Out Project Categorical Exemption: Section 15316 of CEQA Guidelines Exempt Status: Reasons why project is exempt: Section 15316 of CEQA Guidelines Scott F. Field, City Attorney Contact Person Signature (714)545-5559 Area Code/Telephone/Extension City Attornev Title 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. TERM OF AGREEMENT. The term of this agreement for the construction of acquisition of the project shall be for a period of one (1) year commencing upon the date of the execution of this Agreement and proceed consistent with the completion schedule set forth in Exhibit "A ." If substantial compliance with the completion schedule, due to unforeseen or uncontrollable circumstances, cannot be met by SPONSOR, the schedule for the project may be extended. If substantial progress toward completion, as determined by COUNTY, of a project is not made during the term of this Agreement, the entitlement funds associated with the project may be reprogrammed by COUNTY after appropriate notice is given SPONSOR. 4. DISPOSITION OF FUNDS. COUNTY°s Board of Supervisors shall determine the final disposition and distribution of all funds received by COUNTY under the Act consistent with the provisions of Paragraphs 2 and 3 of this Agreement. COUNTY, through its Economic Development Agency, shall: (1) make payments of the grant funds to SPONSOR as designated in Exhibit "A," and (2) monitor the project to ensure compliance with applicable federal regulations and the terms of this Agreement. All disbursements of grant funds will be on a reimbursement basis and made within thirty (30) days after the SPONSOR has submitted its letter identifying payments made and requesting reimbursement. SPONSOR shall comply with timely drawdown of funds by submitting monthly requests for reimbursement. 5. COMMUNITY DEVELOPMENT BLOCK GRANT MANUAL. SPONSOR warrants that its staff members, responsible for implementing - 2 - 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the CDBG program, have received, reviewed and shall follow the Community Development Policy Manual prepared by COUNTY, which is incorporated herein by this reference and made a part hereof. 6. COOPERATION WITH HOUSING ASSISTANCE ACTIVITIES. SPONSOR shall cooperate with COUNTY in undertaking essential community development and housing assistance activities, specifically urban renewal and public assistance housing, and shall assist COUNTY in carrying out its housing assistance plans and other requirements of the Community Development Block Grant Program. SPONSOR shall adhere to the COUNTY CDBG Housing Policy as set forth in Exhibit "~." 7. REAL PROPERTY CONSTRUCTED WITH CDBG FUNDS. ACOUIRED OR PUBLIC FACILITY When CDBG funds are used, in whole or in part, by SPONSOR to acquire real property or to construct a public facility, SPONSOR will comply with the National Environmental Policy Act of 1969 (42 U.S.C. SS4321, et seq.), the California Environmental Quality Act (Cal. Pub. Resources Code SS21000, et seq.), the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended, (42 U.S.C. SS4630, et seq.), California Government Code Sections 7260, et seq., and the Housing Policy for the Community Development Block Grant Program adopted by COUNTY, Exhibit "B." In addition, the following is to occur: (1) Title to the real property shall vest in SPONSOR; (2) The real property will be held by or the constructed facility will be maintained by the SPONSOR for a minimum period of twenty (20) years; / / - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 (3) While held by SPONSOR, the real property or the constructed facility is to be used exclusively for the purposes for which acquisition or construction was originally approved by COUNTY: (4) Written approval from COUNTY must be secured if the property or the facility is to be put to an alternate use that is consistent with federal regulations governing CDBG funds; (5) Should SPONSOR desire during the twenty-year period to use the real property or the constructed facility for a purpose not consistent with applicable federal regulations governing CDBG funds or to sell the real property or facility, then: (a) If SPONSOR desires to retain title, it will have to reimburse either COUNTY or the federal government an amount that represents the percentage of current fair market value that is identical to the percentage that CDBG funds comprised monies paid to initially acquire the property or construct the facility; or (b) If SPONSOR sells the property of facility or is required to sell the property or facility, SPONSOR is to reimburse either the COUNTY or the federal government an amount that represents the percentage of proceeds realized by the sale that is identical to the percentage t~at CDBG funds comprised monies paid to initially acquire the property or construct the facility. / / - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This percentage amount will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds. 8. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA). Pursuant to Section 15051(d) of Title 14 of the California Administrative Code, SPONSOR is designated as the lead agency for the project that is the subject matter of this Agreement. 9. HOLD HARMLESS AND INDEMNIFICATION. Sponsor shall comply with all applicable laws, rules and regulations, and shall indemnify, save and hold harmless COUNTY and its agency members and their respective agents, servants and employees of and from any and all liabilities, claims, debts, damages, demands, suits, actions, and causes of action of whatsoever kind, nature or sort including, but not by way of limitation, wrongful death, expenses of the defense of said parties, and the payment of attorney's fees, arising out of or in any manner connected with the performance by SPONSOR under this Agreement. 10. RECORDS AND INSPECTIONS. a. SPONSOR shall establish and maintain records in accordance with Title 24 of the Code of Federal Regulations Part 570, and OMB Circular Nos. A-110 A-87,· and A-122, as applicable and as they relate to the acceptance and use of federal funds under this Agreement. b. SPONSOR shall maintain a separate~ account for CDBG funds received as set forth in Exhibit "A." / / - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 c. SPONSOR shall, during the normal business hours, make available to COUNTY and to the Department of Housing and Urban Development for examination and copying all of its records and other materials with respect to matters covered by this Agreement. 11. FEDERAL REOUIREMENTS. SPONSOR shall comply with the provisions of the Act and any amendments thereto and the federal regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, SPONSOR is to comply with those regulations found in Part 85 and Part 570 of Title 24 of the Code of Federal Regulations. SPONSOR is to comply with OMB Circular Nos. A-110, A-87, and A-122, as applicable, as they relate to the acceptance and use of federal funds under this Agreement. SPONSOR is to abide by the provisions of the Community Development Block Grant Manual, prepared by COUNTY and cited above in Paragraph 5 of this Agreement. 12. INDEPENDENT CONTRACTOR. SPONSOR and its agents, servants and employees shall act at all times in an independent capacity during the term of this Agreement, and shall not act as, shall not be, nor shall they in any manner be construed to be agents, officers or employees of COUNTY. 13. TERMINATION. a. SPONSOR. SPONSOR may not terminate this Agreement except upon express written consent of COUNTY. b. COUNTY. Notwithstanding the provisions of Paragraph 13a, COUNTY may suspend or terminate this Agreement upon written notice to SPONSOR of the action being taken and the reason for such action: - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1) In the event SPONSOR fails to perform the covenants herein contained at such times and in such manner as provided in this Agreement; or (2) In the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or untenable; or (3) In the event the funding from the Department of Housing and Urban Development referred to in Paragraphs 1 and 2 above is terminated or otherwise becomes unavailable. c. Upon suspension of this Agreement, SPONSOR agrees to return any unencumbered funds which it has been provided by COUNTY. In accepting said funds, COUNTY does not waive any claim or cause of action it may have against SPONSOR for breach of this Agreement. d. Upon suspension of this Agreement, SPONSOR agrees not to incur any additional cost with regard to the prQject that are cited in the, written notice as necessitating the suspensions. 14. NONDISCRIMINATION. SPONSOR shall abide by Section 570.601 of Title 24 of the Federal Code of Regulations, which require that no person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, be denied the benefits of, or be / / - 7 - 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 subjected to discrimination under any program or activity funded in whole or in part with Community Development funds. 15. ENTIRE AGREEMENT. It is expressly agreed that this Agreement embodies the entire agreement of the parties in relation to the subject matter hereof, and that no other Agreement or understanding, verbal or otherwise, relative to this subject matter, exists between the parties at the time of execution. 16. MINISTERIAL ACTS. The Director of the COUNTY's Economic Development Agency or his or her designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to implement the terms, provisions, and conditions of this Agreement as it may be amended from time to time by COUNTY. 17. MODIFICATION OF AGREEMENT. This Agreement may be modified or amended only by a writing signed by the duly authorized and empowered representatives of COUNTY and SPONSOR, respectively. DATED: ATTEST: GERALD A. MALONEY Clerk of the Board COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors ATTEST: SMW:KLP:nvt (0741U 1-8) By: Mayor, City of Temecula - 8 - EXHIBIT A Page 1 FILE NO: 1.051 SUPPLEMENTAL AGREEMENT Cooperative Agency: City of Temecula Address: P.O. Box 488, Temecula, CA 92390 Project Title: Sam Hicks Park Improvements Location: Corner of Moreno Road and Mercedes Street in Downtown Temecula Description: 1) 2) 3) Project Budget: This project will improve access to and on Sam Hicks Park by: Installation of 800 linear feet of curbs, gutters, sidewalks, match up asphalt and street lights along Moreno Road and Mercedes Street Construction of a parking lot to serve the park, fire station and proposed museum. Provide access to the park's playground equipment. 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition C~sts 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency (5%) (0739U 4-6 Cost 14,000 100,700 50,000 CDBG Approved $ 6,0000 TOTAL $120,000 $50,000 EXHIBIT A Page 2 Timetable Implementation Milestone Complete Bid Documents Bid Advertisement Bid Opening Award Contract Begin Construction Complete Construction Schedule Start Date 8/1/90 10/30/90 1/1/91 Completion Date 9/30/90 11/30/90 11/30/90 12/15/90 3/1/91 EXHIBIT A Page 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM PROJECT SUMMARY 3. PERIOD OF APPLICABILITY FROM TO 4. July l, 1990 June 30, 1991 1. NAME OF APPLICANT County of Riverside 2. APPLICATION/GRANT NUMBER B-90-UC-06-0506 X Original (each year) __Revision, Date Amendment, Date 5. NAME OF PROJECT Sam Hicks Park Improvement 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS 1.051 Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of Temecula (714) 694-1989 10. DESCRIPTION OF PROJECT l) Installation of 800 linear feet of curbs, gutters, sidewalks, match up asphalt and street lights along Moreno Road and Mercedes Street 2) Construction of a parking lot to serve the park, fire station and proposed museum. 3) Provide access to the park's playground equipment. Eligibility 570-201(c) Benefit 570-208(a)(1) __ Check if continued on additional page(s) and attach. 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) CT 432 ED 713 12. ANTICIPATED ACCOMPLISHMENTS Increased parking; reduced flooding; improved drainage; increased accessibility to the park; and increased safety by installation of street lights; aesthetic improvements and improved traffic circulation. __ Check if continued on additional pages(s) and attach. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) Public Facilities and Improvement $50,000 $ $70,000 City of Temecula 14. Totals $50,000 $ $70,000 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $50.000 EXHIBIT "B" HOUSING POLICY FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COUNTY OF RIVERSIDE The Housing and Community Development Act of 1974, as amended, encourages and supports the development of decent, safe, and sanitary housing within a suitable living environment that is affordable to ~low and moderate income persons. The County is required under the Act to develop and implement an approved Housing Assistance Plan (HAP) as part of its Community Development Block Grant Application (Title 24) Code of Federal Regulations (Part 570.306). The Housing Assistance Plan serves as a measure of the conditions of the housing stock and the needs of low and moderate income persons for housing assistance. The HAP also serves to establish goals for assistance best suited to meet the identified needs and to further the revitalization of the community. The HAP must also provide general locations for assisted housing, which promotes a greater choice of housing opportunities and avoids undue concentrations of assisted persons in areas containing a high proportion of lower income persons, and which furthers fair housing and assures the availability of public facilities. In addition, all communities are expected to share in providing expanded housing opportunities for lower income persons and to participate in area-wide solutions of housing problems through promotion of spatial deconcentration of housing opportunities for lower income persons. The County and its cooperating cities have reviewed and formally approved their respective Housing Assistance Plans. As such, the local jurisdictions are responsible for implementation of the Housing Assistance Plan in an expeditious manner. This includes the timely achievement of all goals for assisted housing and particularly those which address the needs of families and large families requiring rental assistance. Local jurisdictions may be expected to take any or all actions within their control to facilitate the implementation of an approved Housing Assistance Plan, including: acquisition of sites and provision of site improvements for the development of assisted housing; adoption or modification of local ordinances and land use measures to facilitate the development of assisted housing, including insti- tution of local referendum actions, where necessary; issuance of appropriate zoning changes, building permits, utility connections and similar administrative requirements; formation of a local housing authority or execution of an agreement with a housing authority having powers to provide assisted housing within the local jurisdiction; removal of local residency preferences for assisted housing; promotional and assistance activities to encourage developers to initiate assisted housing or to allocate a portion of their planned unsubsidJzed developments for assisted housing, and to encourage own- ers to make units available for Section 8 Housing Assistance Payments Program; (0739U 7-8) Exhibit "B" Housing Policy for CDBG County of Riverside Page Two measures to reduce the cost of housing development, such as tax abatement, deferral, waiver or deferral of fees and other admin- istrative costs. The County of Riverside requires all cities and sponsors to contribute to the implementation of the Housing Assistance Plan. Section I of the Sponsor's Agreement states that Community Development Block Grant funds are to be used to assist and undertake essential Community Development and Housing Assistance activities pursuant to the Housing and Community Development Act of 1974, as amended. Failure to comply with these provisions, specifically any action on the part of a cooperating city or sponsor taken to impede the development of publicly-assisted housing, may result in that City or sponsor not qualifying to receive Community Development Block Grant Funding. State law also requires local government action to produce housing. California Government Code, Section 65302 (c) requires that all jurisdictions in the State of California prepare a housing element which identifies existing and future housing needs, and develops plans for meeting such needs. Section 65008 of the California Government Code, as amended, prohibits, inter alia, any city or county from enacting or administering ordinances pursuant to Title 7 (Planning and Land Use, Government Code 65000 et. seq.) which prohibit or discriminate against any residential development or project because of the method of financing or the race, sex, color, religion, national origin, ancestry, lawful occupation, or age of the owners or intended occupants of the residential development. The Code further provides that "the Legislature finds and declares that discriminatory practices which inhibit the development of housing for persons and families of low, moderate, and middle income, or emergency shelters for the homeless, are a matter of statewide concern". Discrimination against housing for low, moderate and middle income persons, and especially families, is also a matter of local concern. Therefore, it is the policy of the County of Riverside that Community Development Block Grant funds shall be withheld from any sponsor or potential sponsor which discriminates against, or inhibits the development of housing for low and moderate income persons or families within its jurisdiction. Furthermore, each sponsoring entity shall take actions within its capabilities to the support of publicly-assisted housing. In addition to city and community support, special districts, including school districts, are expected to assist, contribute or set aside sufficient capacity where legally possible, to accommodate the development of low, moderate, and middle income housing within their jurisdictions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 File No: 1.051 SPONSOR°S AGREEMENT FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS COUNTY OF RIVERSIDE of the State of California, hereinafter referred to as "COUNTY," and City of Temecula, a governmental agency located within said County, hereinafter referred to as "SPONSOR," mutually agree as follows: 1. GENERAL. COUNTY has qualified as an "Urban County" for purposes of receiving Community Development Block Grant (CDBG) funds which are to be used to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974, as amended, hereinafter referred to as "the Act." SPONSOR, as a governmental agency, is eligible under the Act to receive CDBG funds to perform those activities described herein. 2. PURPOSE. SPONSOR promises and agrees to undertak£ and assist with the community development activities by utilizing the sum of $50,000, CDBG Entitlement Funds, as specifically identified in Exhibit "A ," respectively, which is attached hereto and by this reference is incorporated herein, for the project: Sam Hicks Park Improvements SPONSOR shall obtain COUNTY°s approval, through its Economic Development Agency, of the project plans and specifications prior to SPONSOR's construction of same. SPONSOR promises and agrees to utilize and maintain the project for a minimum period of twenty (20) years or the life of the project, whichever event is less. 28 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: Vesting Tract Map No. 231~2 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan ~ K-Rat) Parks and Recreation (Quimby) Public Facility ( Traffic Mitigation ) Public Facility ( Traffic Signal Mitigation) Public Facility ( Library ) Fire Protection Flood Control (ADP) Condition of Approval Condition No. 18.h. (Planning) N/A N/A Condition No. 7 I Roads & Surveyor) N/A Condition No. 15 (Planning) Condition No. 1 ( Flood Control ) STAFFRPT\FVT231~2 ITEM NO. 6 APPROVAL CITY ATTORNEY FINANCE OFFICER~----- CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department ~ January 15, 1991 Final Vesting Tract Map No. 23142 PREPARED BY: R ECOMMEN DAT I ON: Douglas M. Stewart That the City Council approve Final Vesting Tract Map No. 23142, Amended No. 1, subject to the Conditions of Approval. DISCUSSION: Vesting Tract Map No. 23142 was originally submitted to Riverside County Planning Department on December 17, 1987. The Tentative Tract Map Amended No. 1 was approved by the County Planning Commission September 28, 1988 and by the Board of Supervisors on October 25, 1988. Vesting Tract Map No. 21342 contains 20 single family residential lots within 6.01 acres. The tract is located north of Rancho California Road and west of Butterfield Stage Road. This project is surrounded by, but not part of, the Margarita Village Specific Plan No. 199-{SP 199). This tract is part of Change of Zone No. 5115, Lot Line Adjustment No. 3252, and Lot Line Adjustment No. 3253. The applicant is Costa Construction, Inc. The following fees have been paid for Vesting Tract Map No. 23142: Signal Mitigation Fee {Deferred to Building Permit) Area Drainage Fee Fire Fee {Deferred to Building Permit) $ 3,000.00 5,601.32 8,000.00 This Tract Map is not part of a Specific Plan nor is it governed by a Development Agreement. Requirement of Quimby fees { Park and Recreation) were not historically Conditions of Approval by the County of Riverside until some time on or after June, 1988. A Condition of Approval requiring Quimby fees was not adopted with the project approval. STAFFRPT\FVT23142 1 APPROVAL FINANCE OFFICER CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council Joe Hreha, Information Systems Management Officer January 8, 1990 HOUSEHOLD HAZARDOUS WASTES FA CILITY/COMPOST AREA RECOMMENDA T/ON: DISCUSSION: FISCAL IMPACT: Authorize the City Manager to send a letter to the County of Riverside offering to fund a Household Hazardous Wastes facility and supporting a compost area located with the planned Murrieta Material Recovery Facility. Attached is a proposed letter to be sent to the County of Riverside. The Murrieta Material Recovery Facility (MRF), to be constructed by Inland Disposal, is approximately 14- 18 months from completion. Discussions with Inland Disposal indicate that a Household Hazardous Wastes (HHW) facility and compost area are being discussed but have not been made part of the MRF. Inland Disposal has stated that they are willing to provide the land to support this initiative. The Department of Health and the County's Subcommittee for HHW support the initiative; however, they have stated that funding such a facility will be a problem. Therefore, the attached letter offering funding to the County of Riverside for a HHW facility is expected to be well received and hopefully will cause the MRF to be modified to provide such a service. Our Solid Waste Request For Proposal contains a section requesting haulers to bid special collections of HHW. This section is included to provide HHW collection until the Murrieta MRF is constructed and provides HHW services. The funding sources identified in the attached letter are not forecasted revenues; therefore, there is no fiscal impact. ATTACHMENT: Proposed letter to the County of Riverside. ITEM NO. 7 My staff has indicated to me that this proposal is achievable and is supported by the Department of Health's Hazardous Materials Management Branch and the County's HHW Subcommittee. The required permits for such a facility could be obtained and the facility could be adequately staffed to support the above proposal. To assist in the implementation of this proposal, the City of Temecula would be willing to provide the funding to build the HHW site located at the Murrieta MRF. The City of Temecula would either provide $25,000 from the grant the City is applying for with the California Integrated Waste Management Board for establishing and implementing a new HHW program, or, if the grant is not approved, $13,700 through the tipping fee cost sharing apportionment recently approved by the County of Riverside. This letter and proposal was presented to the Temecula City Council at its January 15, 1991 City Council Meeting. The Council unanimously approved that I send you this letter. The City of Temecula supports the MRF in Murrieta. However, we also believe that one central facility that will serve all of the public needs and will assist in diverting all recyclables, compost, and HHW will be money well spent. We are willing to invest in such a facility. This City's point of contact is Joe Hreha at (714) 694-1989. Sincerely, David F. Dixon City Manager cc: Department of Health, Hazardous Materials Management Branch Mayor Ron Parks Mayor Pro Tern Karel F. Lindemans CITY OF TEMECULA P.O. Box 3000 Temecula, Califomia 92390 (714) 694-1989 FAX (714) 694-1999 Councilmembers Patricia H. Birdsall Peg Moore J. Sal Mu5oz January 16, 1990 Mr. Robert A. Nelson Director, Waste Management County of Riverside 11728 Magnolia, Suite A Riverside, California 92503 Dear Mr. Nelson: As you are well aware, Southwestern Riverside County sorely needs a Material Recovery Facility (MRF). We are extremely pleased that such a facility is in the planning stages for Murrieta. We can maximize the use of this facility by providing a central point for all recyclables, compost, and all household hazardous wastes (HHW). It is my understanding that a compost and HHW area at this MRF is being discussed but has not been decided. Southwestern Riverside County cannot continue to rely on the mobile HHW vehicle. Serving this area maybe once a year, funding permitting, is just not adequate. If the MRF was able to receive routine HHW during the same hours of operation that it would receive recyclables, this action would: serve the public, divert the wastes, and assist in removing the dangers associated with HHW. If the MRF was also capable of receiving permit-required HHW on a designated monthly basis, this action would: completely serve the public with a facility to dispose of all HHW, provide a facility capable of diverting all HHW, and eliminate the need for the mobile facility to serve this area. PINKS aOBMITTAL TO THE BOARD OF $UPERV,vORS COUNTY OF RIVERSIDE. STATE OF CALIFORNIA ~:{~~. FROM: THE PLANNING DEPARTMENT SUBMITTAL DATE: t. SUBJECT: CHANGE OF ZONE NO. 5115 - VESTING TENTATIVE TRACT NO. 23142 '-~ ~. Costa Construction - First Supervisorial District o Rancho California Area - 6.0 Acres -"22 Lots - Schedule A - REQUEST: R-R to R-! RECOMMENDED MOTION: The Planning Conzntsston and Staff Recon~nd: ADOPTION of the Negative Declaration for Environmental Assessment No. 32354 based on the findings incorporated in the environmental assessment and the conclusion that the proposed project will.not have a significant effect on the environment; and DENIAL of CHANGE OF ZONE NO. 5115 from R-R to R-! in accordance with Exhibit 2, but APPROVAL of CHANGE OF ZONE NO. 5115 from R-R to R-1 and R-5 in accordance with Exhibit 4, based upon the findings and conclusions incorporated in the Planning Con~nission minutes dated September 28, 1988; anc APPROVAL of VESTING TENTATIVE TRACT NO. 23142, AMENDED NO. 1 subject to the attached conditions, based on the'findings and conclusions incorporated in the Planning Commission minutes dated September 2B, 1988. t RIVERSIDE COUNTY ROAD - & SURVEY DEPARTMENT Dept. C,~mment~ Diet. AGENDA Zoning Area: Pancho California C:KN~£ OF ZONE llO. $115 First Supervisortel District VESTING TENTATIVE lZACT II0. Z3142 E.A. Number: 32354 N~!I)ED NO. 1 Ragtonal Team No. ! Planning Commission: 9-28-88 Agenda Item No. 3-5 KIVERSZDE ~ PtANNING DEI)~ STAFF REPORT IO Applicant: Engineer/Rap.: Type of Request: Location: Existtng Zoning: Surrounding Zoning: Existing Land Use: Surrounding Land Use: g. Comprehensive General Plan Designation: 10. Land Division Data: 11. Agency Recommendations: 12. Letters: 13. Sphere of Xn~uence~ ANALYSIS: Costa Construction, Inc. RanPac Engineering Schedule 'A' subdivision and zone change fro~ R-R to R-1. North of Rancho California Road and West of Butterfield Stage Road. R-R R-R, R-l, R-2, R-S, C-l/C-P, Vacant Vacant land, single family ho~es under construction, vineyards and horse ranches. Land Use: Category II Density: 2-8 DU/acre Total Acreage: 6.0 Total Lots: 20 single family lots, 2 open space lots. DU Per Acre: 3.3 Proposed Min. Lot Size: ft. See letters dated: CZ 5115 Road: No Comment Health: 2-17-88 Flood: No Ccmnent Fire:-- 3-01-88 7200 sq. VTR 23142 3-23-BB 4-04-8B 3-29-88 3-23-B8 Opposing/Supporting: None received Not within a City Sphere .../ Pro,act Description Change of Zone No. $115 and Vesting Tentative Tract No. 23142 are requests ~o chanB~ the zoning on 6.0 acres of land tn the Rancho California area fr~ R R to R I end to create ZO single family lots. The proposed project wlll have an average density of 3.3 dwelling units per acre with a minimum lot size of 7200 square feet. (]wr~ OF ZONE NO. 6115 VEST]I~ TENTATIVE TRACT I0. Z~142 /I~ED NO. 1' Staff b r o, t Page 2 The project site ls located north of Rancho California Road and west of Butterfield Stage Road. The project stte ts surrounded by, but not a part of, the IMrgarita Village Spectfic Plan (S.P. 199). The project site also lies adjacent end north of Tentative Tract No. 20879, which wes approved on November 26, 1986 by the Board of Supervisors and which created 140 R-1 lots on 45 acres of land. The project site ts presently vacant. Surrounding land uses tnclude single family houses under construction on Tract No. 20679 to the south, a ~mter tank to the northwest, and vineyards and a horse ranch to the east. The rmaining surrounding ar~a 15 vacant. Zoning on the property ts currently R-R. Surrounding zoning includes R-1 to the south, A-1-10 tn the vineyard area to the east and R-R, R-2, R-l, R-5 and C-Z/C-P zoning tn the area encompassed by the ~rgarita Village Specific Plan. Design Considerations The proposed project has '~been designed in accordance with the R-1 single family residential development standards, and all other pertinent standards of Ordinance 348 and 460. Due to the tracts vesting status, additional materials were submitted for review in accordance with Ordinance 460. A drainage plan, a hydrology study, and e grading plan were submitted and found to be adequate. These plans will be implanted through the conditions of approval. As is the applicant's option, e design manual addressing architecture, landscaping and irrigation, and fencing was submitted and reviewed. These development guidelines will be implemented through an Ordinance 34B, Section e 8.30 plot plan Which will need to be submitted and approved by the Planning partment prior to the issuance of any building ~rmits. Project Consistency/Compatibility The 'project site 1tes within the Rancho Callfornla/Temecula Subarea of the Southwest Territory Land Use Planning Area. Land use policies for this area state that future development shall generally be Category ] and If, .-with CategoRr~. It! developMpt tn the_outlying areas. lhe project site 11es adjacent to in R I subdivision (TR 20879) wttha density of 3.1 dwelllng untts Per acre, and ts surrounded by the I~rgartti ¥tllage Spectftc Plan, wtth adjoining . property designated for I~dium denstty development (2-6 d~lltng units per acre). The area therefore can be designated a Category II area. Due to the proposed denstry of the project and with the availability of all the necessary services and facilities, the project is considered consistent with the Comprehensive General Plan end is compatible with area development. CItMEE Otr Zl)ME 10. 5115 ltI~TIIE T~MTA]I¥£ litACT II0.~t142 JN~:)ED li0. 1 Staff Ripoft I~Ie 3 The applicant ts proposing R-! zoning for the entire tract. Because two open space lots are betrig created with this tract, staff feels tt would be more appropriate to place R-$ zoning on these two lots. Therefore staff would rectumand & change of zone from R-R to R-! and Ftscml Knal.yst s Under current poltcy regarding processing of vesting tentative maps, a fiscal ana]ysis is required to be submitted to the County for review. The fiscal analysis prepared for this project showed a net benefit to the County of $36B.00 upon buildout of the project, and a net annual deficit of $2,3B2. These figures w~re reached by using an assumed average selling price of $125,000 per house.. Environmental Assessment: The initial study for ~nvtronmental Assessment No. 32354 indicated these !~otential environmental-concerns: 1. erosion potentials 2. impacts to Stephens ~mngaroo Rats 3. Pale0ntological Resourcest 4. Mt. Palomar Impactss 5. library impact. The biological report prepared for this project found that Stephens Kangaroo Rats were inhabiting portions of the project site. Since this report ms prepared, the County has established an interim Stephens rangaroo Rat mitigation program. The ipplicant is conditioned to participate in this program, with participation to include payment of $750 per unit toward establishment of habitat area, so therefore the impacts are considered mitigated. Erosion impacts will be mitigated through erosion control landscaping and adherence to proper County grading standards. Paleontologtcal resources will be Ittigited through the' conditions of approval which w111 require that a .qualified Paleontologist be consulted prior to grading and any recommendations ~e 'adhered to. Iqt. Palomar impacts will be mitigated by adherence to County Lighting Ordinance No. 655. Any impacts to 1tbrary services will be mitigated through payment of a $100.00 per unit library mitigation fee. FIIql)II~S: ~ 2. The mppltcint proposes chinglng the zoning on 6.0 Icres of lind in the Rancho Cmlifornla Area from R-R to R-I lnd to divide the property into 20 single family lots and two open space lots. Z. The project will have e density of 3.3 dwelling units per acre. CK~RGE OF ZDRE mO. 5115 VESllI~ TEXTMIllE TRACT NO. Z3142 MENDED NO. 1 Staff Report Page 4 The project is located adjacent to Tract 'No. 20879 (Board of Supervisors approved November 26, 1985) whtch created 140 stngle family lots on 45 &CPeS. 4. The project is surrounded by the Margarita Village Specific Plan (S.P.. 199)..Adjacent areas are designated for medium density residential (2 5 DU/Acre). 5. Surrounding land uses include single family homes, vineyards, a horse ranch and vacant land. 6. Surrounding zoning includes R-R, R-l, R-2, R-5, C-Z/C-P and A-1-10. 7. The project is located within the Rancho Caltfornia/Temecula Subarea the Southwest Territory Land Use Planning Area. of 8. The two open space l~ts are proposed to have R-1 zoning. 9. The fiscal analysis indicates a financial net benefit to the county of $36B.00 at buildout and a net annual deficit of $2,3B2 every year thereafter. 10. Environmental concerns include erosion, biological impact, Paleontological resources, Mt. Palomar resources and library impacts. All environmental concerns can be mitigated by the conditions of approval. CONCLUSIONS: 1. The project is consistent with the Comprehensive General Plen. 2. The proposel is compatible with area develoiz~nt. 3. R-S zoning is I more appropriate zone for the two Open Space lots. 4. The project will not have a significant effect on the environment. RECOt~4F..I~DATIONS: ADOPTZOR of m Nega~tv~ Declaration for~nvlronmental Assessment No. 3Z354, based on the conclusion that the proJec~ will fmt have I significant effect on the environment; Ind, DEMIAL of C~E OF ZONE NO. SI15 from ~ lu) 1&-1, in eccordance with Exhibit 2; but, CHANGE OF ZONE BO. VESTING 'TENTATIVE TRACT BO. 23142 MENDED NO. ) Staff Report Page 6 APPROVAL of (3UUIGE OF ZORE IK). $115 fro~ R-R to R-1 and R-$ ~n ~cco~dance w~th i~h~bJt 41 ~nd~ APPROVAL of VEST[I~ TENTATIVE TRACT RO. 23142, subject to the conditions of &pp~ova~, end based upon the findtngs end conc]u$1ons tnco~pora%ed ~n this $teff ~eport. GIq:$c 9/13/88 1'- I00' ~.DE .COUNTY PLANNING DEPARTMENT ~o .c.t~ : R-R PROPOSE[. ZONING I R-R: ' A-1-10 · cz,,., R- 2 · R-R !App. COSTA OONS*PRUCTION, INC. . IU~e R-R ,TO .R~ !' 'lAm~ RANCHO CALIFORNIA . Sup.Oist. lt! !; iSec.~E~ T.?S~,R.'2W. ~ ~ Bk. ~25 Pg. El !11'- 0(~4:)' IFl%~E~ C~N~f PLANNING DEPARTMENT ,,o 1Ll O r I CZ 511_51TR 23142 RECOMMENDED' ZONING 'i 4 , ~:~., C.~$T& C4~NsTRuc'rIII~U. INC. -. LOCAT~NAL MAP I II'&ll I~ RIVERSIDE COUNTY PLANNING DEPARTIqENT S~BDIVlSION CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT NO. 23142 DATE: AMENDED NO. I EXPIRES: STANDARD CONDITIONS 1. the subdivider shall defend, indemnify, and hold harmless the County of ~iverstde, its sgents, officers, and employees frm any claim, action, or ~ aroceeding sgatnst the county of Riverside or its agents, officers, or ~ ~~nplOyees t° attack, set aside, void, Or annul an apprOv&l Of the C°unty )f Riverside, its advisory agencies, appeal boards or legislative body :onceming Vesting Tentative Tract No. 23142, Amended No. 1, which action is brought about within the time period provided for in California notify the subdivider of any such claim, action, or proceeding against the County of Riverside and will cooperate fully in' the defense. If the County fails to promptly notify the subdivider of any such claim, action, ~ or proceeding or fa~ls to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the County of Riverside. e The tentative subdivision shall comply with the State of California Subdivision Hap Act and to sll the requirements of Ordinance 460, Schedule A, unless modified by the conditions listed below. This conditionally approved tentative map will expire two years after the County of Riverside Board of Supervisors approval date, unless extended as provided by Ordinance 460. The final mp shall be prepared by a licensed land surveyor subject to all the requirments of the State of Cmltfornta Subdivision Hap Act and Ordinance 460. The subdivider shall submit one copy of a soils report to the Riverside C~nty Surve~r's Office and two copies to the Departnmnt of Building snd Safety. The report shall address the soils stability and geological conditions of the site. If Iny grading is proposed, the subdivider shall submit one print of comprehensive grading plan to the Department of Building and Safety. The plan shall comply with the Uniform Building Code, Chapter 70, &s emended by Ordtnanc~ 457 m)d as myhe additionally provided for in these conditions OT approval. VESTIIIG TEXTATIV[ lZACT NO. ~3)42, Ammmd. f! Conditions of Approval Page 2 7. A grading permit shall be obtained from the Department of Building and Safety prior to comnencement of any grading outside of county maintained road right of way. 8. Any delinquent property taxes shall be paid prior to recordation of the final map. The subdivider shall canply with the street Improveant recommendations outlined in the Riverside County Road Department's letter dated 3-23-8B, a copy of which is attached. 10. Legal access as required by Ordinance 460 shall be provided from the tract map boundar~ to a County maintained road. All road eas~nents shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Road Commissioner. Street names shall be subject to approval of the Road Goarnissioner. 12. Easements, when required for roadway slopes, 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 and recorded as directed by the County Surveyor. 13. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department's letter dated 4-04-8B, a copy of which is attached. 14. The subdivider shall comply with the tqood control recommendations outlined by the Riverside County Flood Control Distrtct's letter dated 3-~-BB, a copy of Which is attached. If the land division lies within an adopted flood control drainage area pursuant to Section 10.25 of Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the Road Commissioner. '16. ,The subdivider shall comply with the fire improvement reconnendations outlined tn the County Fire Marshal's letter dated 3-23-88, · copy of whtch is attached. Subdivision phasing, including any proposed common open space area tDemprovement phasing, if applicable, shall be sub~ect to Planning partmerit approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the Intent and purpose of the subdivision approval. Lots created by this subdivision shall comply with the following: VESTING TERTATIVE TRACT NO. 23142, Conditlmls of, Approval Page 3 18. All lot len(Ith to width ratios shall be in confor~mnce with Section 3.8C of Ordinance 460. , be Graded but undeveloped land shall condition and shall be either planted provided with other erosion control Director of Butlding and Safety. be mintmined in & weed-free with interim landscaping or mmasures as approved by the Prior to RECORDATION of the final mp the following conditions shall be satisfied: be Prior to the recordation of the final nmp the applicant shall submit written clearances to the Riverside County Road and Survey Department that all pertinent requireants outlined in the attached approval letters from the following agencies have been mmt: County Fire Department County Health Department County Flood Control County Planning Departhint Prior to the recordation of the final ~mp, Change of Zone No. 5115 shall be approved by the Board of Supervisors and shall be effective. Lots created by this land division shall be in conformance with the development standards of the zone ultinmtely applied to the property. Prior to recordation, the subject property shall be annexed into CSA 143. de Prior to recordation of the final mp, the subdivider shall convey to the County fee simple title, to all con,non or compri open space areas, free and clear of all liens, taxes, assessment, leases (recorded and unrecorded) and easehints, except those easements which in the sole discretion of the County are acceptable. *-As a condition precedent to the County accepting title to such areas, the subdivider shall submit the following documents to the Planning Department for review, Which documents shall be subject to the approval of that departant and the Office of the County Counsel: 1) A declaration of covenants. conditions and restrtcttons$ and 2) A sample document conveying title to the purchaser of an tndtvtduml lot or untt which provides that the declaration of covenants. conditions and restrictions is incorporated therein by reference. 12- PROPOSEr .~ONING II ~! R-R R-2 R R-R !App. COSTA OONS'PRUCTION, INC. LocAr~O~AL IU~e R-R ,'TO ,R'~I m.-~ ,,-- RANCHO (];ALIFORNIA , ' ~Circul,tion,RANOHO ~F. IM:). ARTERIAL IIO The following special circumstances apply to this project: 1. The developer assumptions included a factor of 2.1 persons per dwilling unit. CAO staff utilized a factor of 2.69 persons per household, which is closer to the countywide average for this t~pe of unit. 2. Please note the attached letter, dated March 25, 1988, from the Riverside City and County Public Library concerning this project. 3. Flood Control staff has indicated that flood control facilities constructed within Zone ? are unlikely to be sufficiently funded for maintenance costs. Current estimates indicate that funding shortages should occur for the next ten years. Suggested mitigation measures include a cash deposit by the project developer or use of an assessment mechanism. The amount of deposit would be determined by a present value analysis and project timing. The cost of maintaining flood control facilities not be known until final design phases, when facility have been fully ,identified. Flood Control staff therefore, condit~on project approvals to identify a of financing facility maintenance and operation necessary) prior to recordation of subdivisions. will needs will, means (if Based on the analysis and assuming that the average sales price of the units will be $125,000, overall Vineyards (Vesting Tentative Tract Hap Number 23142) will have a positive fiscal impact at buildout of $368. After buildout, this project will have an annual negative fiscal impact to the County of $2,382 at current levels of service. Initial Review By Review &pproved BY: ' The following bonds have been posted for Final Vesting Tract Map No. 23142: Faithful Labor and Performance Material Street and Drainage Water Sewer Survey monuments Traffic Signal $ 185,162.00 25,000.00 31,500.00 $ 8,500.00 3,000.00 $ 92,500.00 12,500.00 15,500.00 SUMMARY: Staff recommends that the City Council APPROVE Final Vesting Tract Map No. 23142 subject to the Conditions of Approval. GH:ks Attachments: 2. 3. 4. 5. Development Checklist Location Map Copy of Map Conditions of Approval Fees & Securities Report STAFFRPT\FVT23142 2 RIVERSIDE COUNT~ FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY RAY HEBRARD IqRl CHIEF 3-23-88 PLRHIqlNG DEPARTMElt1~ ATTN: TEA~ 3: TR 23142 - A)~NDF, D ll Pbnninl & Farinestihl Office 4090 L~non Street, Suite ! 1 Paracide. CA 92S01 (714) With respect to the conditions of approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: PROTECTION Schedule 'A' fire. protection approved standard fire hydrants, (6'x4"x2½") located one at each street intaraection and spaced no more than 330 feet apart in any direction, with no port,ion of any lot front·re more than 165 feet from a hydrant. Hinimum fire flow ·hall be 1000 GPH for 2 hours duration at 20 PS3:. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the followit~j certification: in accordance with the requirements prescribed by the Riverside County Fire Department.' The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any conbustible bulldin~ ~aterial being., placed on an individua! lot. NITIGATIOH Prior to the recordation oft he final map, the developer shall deposit with the Riverside County Fire Department, · cash sun of $400.00per lot/unit as mitigation for fire protection IJ~acts. Should the developer choose to defer the time of payment, he/she may enter into e written agraghent with the ~ounty deferring said payment to the time of issuance of m building permit. Rll questions regarding the meaning of the conditions shall be referred to the Fire Department Planning and Engineering staff. 111~TIIE TENTATIVE TRACT 10. Z3142, A~!. fl Conditions of Approval Page 4 The declaration of covenants, conditions and restrictions submitted for revle~ shall (a) provide for & term of 60years, (b) provide for the establts~nent of a property Mmer~" association comprised of the owners of each Individual lot or unit and (c) contain the following provisions verbatim: 'Notwithstanding Any provision in this Declaration to the contrary. the following provision shmll mpply: The property owners' mssoctmtion estmbltshed herein shmll. if dornmnt, be mctivmted, by tncorpormtton or otherwise, mt the request of the County of Riverside, Ind the property owners' mssociation shmll uncondtttonmlly Accept from the County of Riverside, upon the County's demmnd, title to all or Any part of the 'conwnon arem', ~re ~rticulmrly described on Exhibit 'A' attached hereto. The decision to require &ctivmtion of the property owners' mssocimtion mnd the decision to require that the association unconditionally mccept title to the 'con, on area' shmll be mt~the sole discretion of the County of Riverside. t In the .event that the con,non 'mrea, or any part thereof, is conveyed to the property owners' mssocimtton, the &ssocimtion, thereafter shall own such 'common mrea', shall mnage and continuously manrain such 'connon area' And shall not sell or transfer such 'con~mon mrea' , or any pmrt thereof, mbsent the rior ~n'itten consent of the Planning ~irector of the County of averside or the county's successor in-interest. The property owners' association shall have the right to assess the owners of each tndivtduml lot or unit for the remsonmble cost of mintmining such 'co, on area', mnd shall hmve the right to lien the property of any such owner who defaults in the payment of m ~mintenance mssessnmnt. An &ssessnm~-lten, once created, shall be prior to mll other liens recorded subsequent to the notice of assessMnt Or other docun~nt cramting the mssessmnt lien. This Declaration shall not be terminated, 'substanttmlly' &mended or property demnnexed therefrom absent the prior Pitten consent of the Plmnntng Director of the County of Riverside or the County's successor-in-interest. A proposed mmendment shmll be considered ~substmnttml' if it .mffects' the extent, usage or mmtntenmnce of the 'cmmon area' In the event of mny conflict betwen this Declmrmtion end the Articles of Incorpormtton, the Bylmws, or the property owners' essoclarion Rules mnd Regulations, if mny, this Declaration shall control.' VESTIBO ll~lMIVE TRAL'T MO. 23142, AmKI. ~1 K~mditions of Approval Page 5 Once approved, the declaration of covenants, conditions and restrictions shall be recorded at the same time that the final map is recorded. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the County Surveyor. A copy of the ECS shall be transitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to. the Planning Department and the Department of Building and Safety. g. The following note shall be placed on the Environmental Constraints Sheet: 'County Y Biological Report No. 189 was prepared for this property and is 6n file at the Riverside County Planning Department. The applicant shall participate in a fee program and shall pay the ultimate fee imposed for mitigation of impacts to the Stephens ~ngaroo Rat. Prior to final map approval or issuance of grading permits, whichever occurs first, the applicant shall enter into a deposit agreement with the County and shall deposit monies based on a rate of $750.00 per residential lot to be used towards payment of the fee, or if an ordinance implementing the fee is in effect, the applicant shall pay the fee. Prior to the issuance of $RADING PERI~ZTS the following conditions shall be satisfied: - a. Prior to the issuance of grading pamits, the biological mitigation found tn ConditionlSh shall be completed. (Amende~ ~ P~nntnq Co~nission on b. Prtor to the issuance of grading pemits detailed common open space area landscaping and irrigation plans sh&11 be suettied for Planning I)epmjrt~ent &pproval for the phase of development in process. The pla~s shall be certified by a landscape architect, and shall provide for the fol lowt rig. Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. 111~s'rzIIG TENTATIVE TRACT I10. Z3142, Md. I/1 Candittoes of. Approval Page 6 de e All uttllty servtce areas and enclosures shall be screened from view with landscaping and decdr·rive barriers or baTme treatments, as approved by the Planning Director. Utilities shall be placed underground. #here street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-of-way, they shall be planted outside of the road right-of-way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. All existing specimen trees and significant rock outcroppings on the subject property shall be shown on the proJect's grading plans and shall note those to be removed, relocated and/or retained. 7. All trees shall be minimum double staked. growing trees shall be steel staked. Weaker and/or slow All cut slopes located adjacent to ungraded exceeding ten (10) feet in vertical height shall incorporating the following grading techniques: natural terrain and be contour-graded The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. 2) Angul-ar forms shall be discouraged. The graded fore shall reflect the natural rounded terrain. 3) The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. 4) #here cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Prtor to the issuance of grading permits, the developer shall provide evidence to the'Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope mtntenance responsibilities have been assigned as approved by the Director ofB utlding and Safety. Prior to the tssuance of grading permits, · qualified paleontologist shall be retatned by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. VESTIS T191TATIVE TRAL'T BO. 23142. · Conditions of Approval Page 7 Should the Paleontologist find the potential is high for_ impact to significant resources, a pro-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary,. the paleontologist or representative shall have the authority to t~porartly divert, redirect or halt grading activity to allow recovery of fossils. Prior to the issuance of BUILDING P£~ITS the following conditions shall be satisfied: No building permits shall be issued by the County of Riverside for any residential lot/unit within the project boundary until the developer's successor*s-in-interest provides evidence of compliance with public facility financing maasares. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the Riverside County Department of Building and Safety as mitigation for public library development. bo A plot plan shall be submitted to the Planning Department pursuant to Section XB.30 of Ordinance No. 34B accompanied by all applicable filing fees, 6s e ~t plan that is not subject to the California Environmental Quality and is not transmitted to any governmental agency other than the Riverside County Planning Department. The plot plan shall ensure the conformance of the final site development with the tract's approved Design IMnual (Exhibit M), and shall contain the following elements: A final site plan showing the lots, butlding footprints, all setbacks, fences and/or walls, and floor plan and elevation assignments to individual lots. One (1) color and materials sample board (maximum size of 8 X 13 inches by 3/8 inch thick) containing precise color, texture and material s~tches or photographs (which may be from suppliers' brochures). Indicate on the board the name, address and phone numbers of both the sample board preparer and the project applicant, tract number, and the manufacturer and product numbers where possible (trade names also acceptable). One (3) copy of the srchttectural elevations colored to represent the selected color combinations, with symbols keyed to the color and materials board. The written color and lUterill descriptions shall be located on the elevation. e Stx (6) copies of each of glossy photographic color prints (size 8 X 10 inches of ) both color mad mateft&Is board and colored architectural elevations for permanent filing, hearing body review and agency distribution. All writing must be legible. VESTING TEXTATIV£ TRACT Conditions Page 8 $atd plot plan shall requtre the approval of the Planntng Director ~rtor to the issuance of any building permits for lots included within he plot plan. The submittal of plot plans prior to the issuance of building permits my be phased provided: A separate plot plan shall be submitted to the Planning Department for each phase, which shall be accompanied by appropriate flling fees. 2. Each individual plot plan shall be approved by the Planning Director prior to the issuance of building permits for lots included within that plot plan. c? Prior to the issuance of building permits, composite landscaping and irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects the tract requiring landscaping and irrigation to be installed including. but not limited to. parkay planting. street trees, slope planting. and individual front yard landstaping. d. All dwellings..to be constructed within this subdivision shall be designed and constructed with fire retardant (Class A) roofs as approved by the County Fire ~rshal. e. Roof-mounted nmchanical equipmnt shall not be permitted within the sulxliviston, however solar equipment or any other energy saving devices shall be permitted with Planning Departnmnt approval. All frontyards shall be provided with landscaping and automatic irrigation. g. & fencing plan shall be submitted for Pla~n.ing Department approval. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: e. W11 end/or fence locations shall confoe to approved plans. b. All landscaping end irrigation shall be Installed in accordance with approved plans_ prior to the ts~uance of occupancy pemtts. seasonal conditions do not permit planting. interim landscaping end erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Smfety. GN:sc 9/13/88 J.IJO ~ OFFICE OF ROAD COMMIS$10h,'ER 6 COL'h:TY $L'RVEYOR LeRoy D. Smoot COa~mM,~N!! · CO,~et'~ Sglvt'~OI I~arch 23, 1988 Riverside County Planntng Con~ntsston 4080 Lemon Street Riverside, CA g250! Re: Tract Map 23142- Amend Schedule A - Team 1 Ladies and Gentlemen: With respect to the conditions of approval for the referenced tentative land division map, the Road Department recommends that the landdivider provide the following street improvement plans and/or road dedications tn accordance with Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 461). It ts understood that the tentative map correctly shows acceptable centerline profiles, 411 existing easements, traveled ways, and drainage courses wtth appropriate Q's, end that their omission or unacceptabtltty may require the map to be resul~nJtted for further consideration. These Ordinances and the following condJttons are essential parts and a requirement occurring ~n ONE 1s as binaJng as though occurring in 411. They are intended to be complementary an~ to describe the conditions for a co~plete design of the i~provement. All questions regarding the true meaning of the conditions shall be referred to the Road CommJsstoner's Offtee. The landdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentra- tion of diversion of flow. Protection shall be provided by constructing adequate drainage facllJt~es including enlarging extstJng facilities or by securJng a drainage easement or by both. All d~ainage easements shall be shown on the final map and noted as follows: 'Drainage Easement - no building, obstructions, or encroachments by land fills are allowed'. The protection shall be as approved by the Road Department. The landdivider shall accept and properly dispose of all offstte dratnage fiowtng onto or through the site. In the event the Road Commissioner permtts the use of streets for dratnege purposes, the provtslons of Arttcle X! of Ordinance No. 4GO ~tll apply. Should the quantities exceed the street capactty or the use of streets be prohibited for drainage purposes, the suMJvtder shall provtde adequate drainage facilities as approved by the Road Department. ~ract ~p 23242- Anm~ #! .March 25, 1988 Page 2 e MmJor drainage is involved on this landdivision and its resolution shall be as approved by the Road Department. 'A" Street (including any offsite right of way) shall be improvea wlthin the dedicated right of way in accordance with County Standard No. 105, Section A. (36'/60'). Concrete sidewalks shall be constructed throughout the landdivision in accordance with County Standard No. 400 ana 402 (curb siaewalk). A~ access road to the nearest paved road maintained by the County shall be constructed within the public right Of way in accorOance with County Standard rio. 106, Section B, (32'/60') at a grade &no &lignment as approved by the Road Commissioner. 7. Prior to the recordation of the final map, the developer shall deposit with the Riverside County Road Department, a cash sum of $150.00 per lot as mitigation for traffic signal impacts. Snoula t~e developer choose to defer the time of payment, he may enter into a written agreement with the County deferring said payment to the timer of issuance of a building permit. I B. %~provement plans shall be based upon & centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Riverside County Roaa Commissioner. Completion of road improvements does not imply acceptance for maintenance by County. 20. Electrical and communications trenches shall be provided in accordance with Ordinance 461o Standard 817. Asphalttc emulsion (fog seal) shall be appl~ea not less than fourteen days following placement of the asphalt surfacing ana shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Sections 37, 39'and 94 of the State Standard Specifications. Standard knuckles and offset cul-de-sacs shall be constructed throughout the division. Corner cutbacks in conformance with County Standard No. 805 shall be shown o~ the final nmp and offered for dedication. 'Map 231~,2- Amend ~a.cc h Z3, 1988 'PAO,e 3, 13. 14. 1S. 16. 17. 18. lg. Landdivisions creating cut or fill slopes adjacent to the Streets shall provide erosion control, sight distance and slope easements mS &ppr~d by tke Ro~d Department. The landdivider shall provide utility clearance from Rancho Calif. Water Company prior to the recordation of the final m~p. The ~mxtmum centerline gradient shall not exceed 15%. The mtn.'hnum lot frontages along the cul-de-sacs sha]l be 35 feet. Street tr~es shall be planted in conformance with the provisions of Article 13m of Ordinance 460.53 and their location(s) shall be shown on ~treet improvement plans. All driveways shall conform to the applicable Riverside County Standard. The minimum garage setback shall be 30 feet nmasured from the face of curb. 20. All centerline intersections shall be at go° with a minimum 50' tangent measured from flow line. 21. The street design and improvement concept of this project shall be coordinated with HB 169/16-19. 22. Street lighting shall be required in accordance with Orainance 400 and 461 throughout the subdivision. The County Service Area (CSA) ~aministrator Ueter~ines whether this proposal qualifies under an existing assessment district or not. Xf not, the land owner .. shall file an applir, mtion with LAFCO for annexation into or creation of a 'Lighting Assessment Districi# in accordance with Governmental Coae Section 56000. Very_truly yours, Gus Hughes Road Division Engineer GH:lh County of Ri~eFside TRACT HAP 231&2, Artended No. I ~nviron~encal Health Services has revieved Tract ~tap 231&2, A~ended Ho. ! dated Hatch 21, 1988. Our current coupehis vill re~ain as stated in our letter dated February 18, 1988. RIVERSIDE COUNTY PLANNING DEPARTMENT COUNTY RIVERSIDE 44-~00 OAI~I ~ L&ll ILIlIJII ~tlI milli! Oil. ~VI#l# InIJ#I IIII ItIl~J ILII. DEPARTMENT RIVERSIDE COUNTY PLAJ~q41NG D{~T. 4080 Lemon Street Riverside, CA 92502 ATTN: Oreg Heal r.i,.,..7..: .r -- r , · ,:.. · . - , ? RE; Tract Hap 23142: Being a subdivision of a portion of the Rancho Temecula, which was granted by the government of the United States to LuiI Yignes by Book l, Page 37 of patents dated January 28, 1860 recorded in the Office of the County Recorder of San Diego. State of California. (20 Lots) Gentlemen: The Department of Public Health has reviewed Tentative Hap No. 23242 and recouunends that: A water system shall be init&lied according to plans and ipecification as approved by the water company and the Health Department. Permanent prints of the plans of the water system shall be IubIitted in triplicati. with a minimu~ scale not less than one inch equaiI 200 feet, along with the original drawing to the County Surveyor. prints Ihali show the in%ernai pipe dinmiter, location of valves and fire hydrantis pipe and joint specifications~ and the Iize of the iain at the junction of the new systIm to the exiIting IyIteI. The plans Ihall comply in all reIpectI with Div. S, Part l, Chapter 7 of the California Health and Safety Code, California idIinistrativi CodI, Title 22, Chapter 16, and Oeneral Ordir He. 102 of the Public Utilities Commission of the State of California,when applicable. The plans ihali be Iigned by a registered engineer and watir company with the following certification: 'l cIrtify that the design of &hi water syitem in Tract Map 23242 iI in accordance with the water system expansion plans of the Rancho California Water District and that the water servici,Itorage and distribution Iystem will be adequate to provide water IerViCe to Iuch tract. Riverside County Planning Dept. Page Two. Attn: Oreg Neal February 18, 1988 This certification does not constitute a guarantee that it will supply water to such traGt at any specific quantities, flows or pressures for fire protection or any other purpose". This certification shall be signed by 8 responsible official of the water company. This Department has a statement from the Rancho California Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It will be necessary for the financial arrangements to be made prior to the recordation of the final map. This Department has a statement from the Eastern Hunicipa! Water District agreeing to alloy the subdivision sewage system to be connected to the sewers of the District. The sever system !hail be installed according to plans and specific!%ions as approved by the District, the County Surveyor.and the Health Department. Permanent prints of the plans of the sever system shall be submitted in triplicate. along with the original drawing, to the County Surveyor. The prints shall show the internal pipe diameter, location of manholes, complete pro~iles, pipe and 3oint specifications and the size of the severs at the ~unction of the new system to the existing system. A single plat indicating location of sever lines and water lines shall be a portion of the sewage plans and profiles. The plans shall be signed by a registered engineer and the sewer diltr~Ct with the following certification: 'I certify that the design of the sewer system in Tract Nap 23142 il in accordance with the sewer syltem expansion plans of the Eastern Nunictpll Vater District and that the waste dilpolal system is adequate at this time to treat the anticipated wastes from the proposed Riverside County P~,nning Dept. P,ge Three A~I'F~4: Greg Neml prior to the recordation of the fin,! map. completely finalized prior to recordation of the final map. Sincerely, Martinez, St. 5~nit~ri-n Environmental Health Services SM:tac I~I'NNLL'I'H L.. E'DV~ARD8 x .. ONI~ ~N~IN~ T~.I~JNONE (71,4) ?17~OII RIVERSIDE COUNTY FLOOD CONTROL AND Riverside County Planning Department County Administrative Center Riverside, California WATER CONSERVATION DISTRICT ~EOE~T IIBOII APR 0 6 li)88 Attention: Regtonal Teamilo. _~ Area: mVER~DE COUNTY ~NING DEPARTMENT have revtewed this case and have the following comments: Except for nuisance nature local runoff which may traverse portions of the property the project is considered free from ordinary storm flood hazard. However, · storm of unusual magnitude could cause some damage. New construc- tion should comply with all applicable ordinances. The topography of the area consists of well defined ridges and natural water- courses which traverse the property. There is adequate area outside of the natural watercourses (or building sites. The natural watercourses should be kept free of buildings and obstructions in order to maintain the natural drainage patterns of the area and to prevent flood damage to new buildings. A note should be placed on an environmental constraint sheet stating, 'All new buildings shall be floodproofed by elevating the finished floors a minimum of 18 inches above adjacent ground surface. Erosion protection shall be provided for mobile home supports.' This project ts in the drainage plan fees shall be paid in accordance with the regul&tions. Area applicable r~les and The proposed zoning is consistent with extstipg flood hazards. Some flood control facilities or floodproofing may be required to fully develop to the tmplled density. The Otstrtct's report dated ~-~o~ is stt11 current for this project. The District does not object to the proposed minor change. The attached comments epply. Very truly yours, KENNETH L. El)WARDS ht )f En,gtneer r ',.10HN H. KASHUBA Senior Civil En~tneer / DATE: ~L~(~ 2 el~ i~tAI) it&'1qNrr14 I.. ~DWAN~ ~EIIJ~ ~INI~ P.O. POx 1Oil RIVi~R51DE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT !~arch 2, 1988 Riverside Co~mty Planning Department County Administrative ~enter Riverside, California Attention: Regional ?am No. 1 Ores Heal Ladies and Gentl~en: Re: Vesting Tract 231.2 This is a proposal to divide 6 acres in the Temecula Valley area. The proper- ty is between South General Kearny Road and Rancho Cali£ornia Road about 2000 feet uest of Butterfield Stage Road. The property is located at high ground and receives very little offsite storm runoff. Onsite storm',runoff~uld be conveyed by the proposed Bonny Road and discharged at the oite's southwest corner through an offsite storm drain system. Following are the District's recmm~endations: This vesting tract map is located uithin the limits of the Murrteta Creek/T~ecula Valley Area Drainage Plan for uhich drainage fees have been adopted by the Board. Drainage fees shall be paid as set forth under the provisions of the "~ules and Regulations for Administration of Area Drainage Plans", mended July 3, 198~: Drainage fees shall be paid to theecad Countsstoner as part of' the filing for record of the subdivision Final map or parcel map, or if the recording of a Final parcel map is waived, drainage fees shall be paid as a coalition of the waiver prior to recording certificate of compliance evidencing the waiver of the parcel bo At the option of the lad divider, upon filing a required af- fidavit requesting defersent of the payment of fees, the drainage fees shall be paid to the ~llding Director at the time of auanoe of · grading permit or building permit for each approved parcel, ~hichaver may be first obtained at~er the recording of the subdivision final ~ap or parcel map; however, Drainage fees shall be paid to the Road C~=.issio~er as a part of the filing for record of the subdivision final map or parcel map, or before receiving a waiver to record · land division, for each lot ~ithin the land division ~here construction activity as evi- denced by me of the follo~Ang actions has occurred since ~ay ~, 1981: : Riverside County Planning Department Re: Vesting Tract 231q2 -2- Parch 2, 1988 (a) A grading permit or building permit I~s been obtained. (bY Grading or structures have been initiated. Offsite drainage facilities should be located within publicly dedicat- ed drainage eas~ents obtained from the affected property (rwner(s). 11qe doc~m~ent(s) should be recorded end a copy submitted to the District prior to recordation of the final map. All lots should be ~raded to drain to the adjacent street or an ade- quate outlet. ll~e 10 year storm flow should be contained within the curb and the 100 year storm flow should be contained within the street right of way. When either of these criteria is exceeded, additional drainage facili- ties should be instmlled. A drainage easement should be obtained from the affected property o~ners for the release o£ concentrated or diverted stons flows. A copy of the recorded drainage easement should be submitted to the District for review prior to the recordation of the final map. Evidence of m viable maintenance mechanism should be submitted to the District and County for review and approval prior to recordation of the finml map. 7. ~ copy of the improvement plans, grading plans and final map along with supporting hydrologic and hydraulic cmlculmtions should be sub- mitted to the District vim the Road Department for review and mpproval prior to recordation of the final map. Grading plans should be ap- proved prior to issuance of grading permits. Questions concerning this matter may be referred .tg.Robert Chimng of this of- floe st 71q/787-2333. Very truly yours, Rancho Pacific Engt~,eering Corp. H. !O~SHtI~ or Civil Engineer IC:pln Riverside City and County Public Libra y 28, 1988' Nr. Kevin Hughes ~ancho Pacific Engineering 27447 Enterprise Circle #est ~emecula~ CA 92390 Dear Hr. Hughes: VESTING TENTATIVE TRACT 23142-RANCH0 CALIFORNIA AREA ! a~ writing in response to your request for information re- garding the impact of a proposed project upon library service. The proposed project would adversely affect existing library services. The increase in population to be served would require an increase in funding to the County Library to maintain the current level of service. However, the current level of service has been recognized as substantially inadequate. The attached charts show how the current number of volumes per capita and the current square feet per capita are inadequate and have declined during the last decade due to the impact of rapid populati growth throughout the County See attached charts (Appendix°~ · and D). The fiscal impact of an additional 42 persons (20 dwelling units) is stated below in 1988 dollars in amounts needed to 1)maintain the current, inadequate level of service only and to 2)provide the desired level of service· The desired level is inclusive of the current level. - Facilities (one time cost only) Collection (volumes) (one time cost only)' HaintHin Current Level of Service ~ 954 $ 964 Provide Desired Level of Service $ 1~377 Subtotal for Facilities and Collection {one time cost only) Services (annual ongoing cost) $ 1~918 $ 386 $ 4,)59 $ 794 Linda M. Wood. Director P.O. Box 4M Riverside. California g2S02-O468 I! II Letter to RANPAC, Tract 123142, 3/28/88, Page 2. These cost~might be mitigated by= The assessment of a library facilities and collections fee in 1988 dollars at a cost of $96 per residential unit to maintain the current level of service, or $218 per residen- tial unit to provide the desired level of service. b. The determination that the pro~ect's estimated assessed valuation will provide at least $386 per year in 1988 dollars to the County Library District to finance ongoing expenses at the current level of service, or $794 per year to finance ongoing expenses at the desired level of service. Feel free to contact me at (714)782-5213, .if you have further questions. Sincerely yours, Billie E. Danc7 Bead of Branch Services B£D=m~b Enclosures= Appendix C and D cc= Linda Woodw Library Director Norm Caouettew Senior Administrative Analyst .dZO/B/eg Apr11 ~1, 1988 Land Develol~ent Committee Riverside County Planning Department 4080 Lemon Street, gth Floor Riverside, Caltfomta 92501 WaG ~ C~C G~ I~ D S~m~ I~ M Cm SU!~ECT: V£STIN~ TRACT Z314Z/ZONE CHANGE 5115 The Dtstrtct ls responding to your request for con~nents on the subject project(s) relattve to the provision of water and sewer servtce. The 1tams checked below apply to thts project raytaw. The subject project: ,,,X not within EHWD's: X water servtce area sewer service area ~Hust be annexed to this Distrtct's Improvement District No. in order to be eligible to receive domestic wmter/sanitary sewer service. X Will be required to construct the following facilities.; if serviced by EHI~): a.) Water Servtce b.) Sewer Service Onstte/offstte regionally sized gravity sewers and participate in regional sewer facilities. No sewers allowed now or future along lot lines. VeryTruly Yours, EASTERN HUN]CIPAL WATER. DISTRICT Planning Department March 9, 1988 w- ! 0 1988 RIVERSIDE COUNTY PLANNING DEPARTiv~ENT Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, California 92501-3657 Subject: Water Availability Reference: Vesting Tract 23142 Gentlemen: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District. Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Wster availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If RCWD can be of further service to you, please contact this office. Very truly yours, RANCHO CALIFORNIA WATER DISTRICT Senga P. Doherty Engineering Services Representative FO12/~kv075 RANCHO CALIFORNIA WATER DISTRICT 2806] DIAZ ROAD · POST OFFICE BOX 174 · TEMECULA, CA 9239~0174 · (714) 67~4101 · FAX (714) 6764)61 RiV R)iD coun u. PLAnnin( D PAR rn n DATE: January IS, 1988 TO: Assessor I)utldtng and Safety Survejmr - Dave Duda Road Depa rt~ent Health - Ralph Luchs ° Fire'Protection ...... Flood Control Dtstrl)~t Fish & G~ne LAFCO, S Paisley U.S. Postal Servtce- Ruth E. I)avtdson Rancho California Water Co Eastern Hunicipal Water District Southern California Edison Southern California (;as Gene rml Telephone Tenmcula Union School Dist Elsinore Union High School Dist Tenmcula Chamber of Conrnerce ~, Ht. Pmlomar Observatory Sierra (Club County Parks Depmrt~nent Cor~issioner Bresson CHANGE OF ZONE $11.~ - (Tm-1) - E.A. 32354 - Costa Construction Inc. - Rancho Pacific Enptneertng - Pmncho caltfrontm Arem - First Supervtsortml District - North of Rancho Cmlforntm ~omd &nd Hest of Butterfield Stage - 6 acres - Request Zone Change from R-R to R-1 - Concurrent Case Tract 23142 - Mod 11.q - A.P. 923-210-n15 Plemse review the case described above, Ilong wtth the mttached cmse mp. A Lmnd Division Cormnittee ~metin~ hms been tentatively sche4uled for ~rch 3, IQBB. If it clemrs, it will then go to public hearing. Your c~rmnts mnd recmunendattons mre reouested prior to February 18, 19RA in order thmt we my include the~ in the stmff report for this parttcul&~.cmse. Should you hmve mny westtons repmrdtn§ this item, plemse do not hesttmte to contmct Greg Neml it 787-1373 ' £01t~NTS: The ~Lre Depaztment ~al mo, commentl or condltlOnl* 'u~'E: 3- ~-8m SIG~TImE PLEASE prtnt nmnm mnd title 40BO LEUON SIREET, 9'" FLOOR RECEIVED :GEORGE S. TATUM, Planning OffAcer 46-209 OASIS STREET. ROOM 304 INDIO. CALIFORNIA 92201 County of l l ® slde Riverside County .Planning Department February 17, 1988 Attn: Greg Neal Sanitarian, £nvironnental Health Services ~m. ChL~ge of ~one $11S The ~nviron~ental Health Services has reviewed this change of zone case and has no objections. Sanitary sewer and water services are available in this area. SH:slw RiV=:DiDE counc.u i,t. nninG DEPARC EnC Amended [.A. 9-2-88 ENVIRONMENTAL ASSESSMENT FORM: STANDARD EVALUATION ENVIRONMENTAL ASSESSMENT (E.~) NUMBER: PROJECT CASE TYPE(s) AND NUMBERS(s): Ve[ttrtg Tract APf~JCANT~ NAME: Coste COnstruction. Inc. NAME OF PERSON(s) PREPARING E-~: ~-re0 Neal L PROJECT INFORMATION MODULE NUMBER(a): 1 ]9 ~.~IA? ~! ('k~ge Of ~onl NO. 51~ DESCRIPTION (tnGludepr~minimum Wt aizeand utes~applic~ble): ~uh~vi~nn Of 6 acres tnto 20 lots with a minimum of 7200 square feet, Change of 7one from Rural - Residential (R-R) to one family dwe~ltn; residential (R-I) untt~ B. TOTAL PROJECT AREA~ ACRES C. ASSESSOR'S PARCEL NO.(s): ~?3-~]0-0~ 5 D. EXISTING ZONING: R-R ~ IS THE PROPOSAL IN CONFORMANCE? F_ PROPOSED Z(~NING: R-i IS THE PROPOSAL IN CONFORMANCE? F. STREET REFERENCES: North of I~an~ho California Road and West of Butterfield Stage .Road. NO SECTION, TOWNSHIP, RANGE DESCRIPTION OR AI'I'ACH A LEGAL DESCRIPTION: Portion of Rancho ?emecula BREFDESCRIPTIONOFTHEEX~TINGENVIRONMENTALSETT~G OF THEPROJECTSITEAND~SSURROUNDING$: Vacant property in native grassess and brush.-Surrounding ,tea t~ vacant, but with rapid develoi~ent occurrtnq to the west. IL COMPREHENSIVE GENERAl. PLAN OPEN SPACE AND CONSERVATION DESIGNATION Chec~ the N~proprlete c~tion(e) below ~nd ~oceed accordingly. All or part of Ihe project alte b in 'Adopted Speclr~ Plans," "REMAP" or 'Rancho Villages Community Policy Arm". Complete $~ctlons III, IV (B and C ofily), V and Vl. !~1 All or part O~ the I:m~ject alte il In 'Area~ Not Designaled l~ Open Space". Complete $ection$ III, IV (A, B ~nd D only), V and VL ~] All or part ol the project alta has In Open Space and Co~ea~vatio~ Cle$1gnltic~ other than those mentioned above. Complete Sectkxm #1, IV (A, B, and E ofily), V and vi. ENVIRONMENTAl. HAZARDS AND RESOURCES A,SSESGMENT A. Indicade the natal of the proposed Im~f u~e as determined from the detcrlpUon~ Ae found in ~~ ~ ~ F~ure ~ (Clrcte Or~). Th~ inf~ i~ ~ to (:litermine the N)~ro~te land use e~!tabl!ity raUng~ ~ Sec-Uo~ Ili. B. B. Incfcic w~ a ym (%) or no (N! whet~K any ~viro~m~dil hizlrd ancl/or rNource ~ may signlrcanUy affect o~ be affect~ by 1he IXOlXW41. All ~af..:~'~ed figure~ ire t:~fitllned In ~ Comtxehen~ve ~ Plato, F(x any ~ m~ke<:l yes (Y) write ~ d~ta toun:~e~ ffgenc:e e conmJttsd, finclir~ O~ ~ ~ amy mitigation measures under Section V. Alto. where indic~t~::ft ~ gte ~ Iond use ,ultablllty {x noise I~<~otmblilty rating(s). (S~e CHrfinltio~s at bottom of thi~ HAZARDS 1- N 2- N 3- N 4- N 5- N ?. N B.Y 9_N 10- N 11- N Aicluist-Priolo ~ ~tudies or C,o~nly Fault 12. N ~ Zm~ (Fig. VI.~ ) N~ ) Ps u R (F',o. ~) ( Lk3uefactio~ Potential Zone (Fig. V!.I) 13. NA ) S PS U I~ (Fig. W.4) ( Groundshaking Zone (Fig V1.1 ) CLASS NA ) S PS U R (Fig. vt.S) ( Slopes {1=1i¥, Co. BOO Scale Slope Maps) 15. LandWide Risk Zorte (Riv. Co, 800 Seismic Maps or On-alta Inspection) NA ) S PS' U ~ (~ig. Rockfill Hazard (On-late Inepectio~) 17. Expansive Soils (U.S.DA. ~dl 18. N Co~ervltio~ Service ~olI Surveys) 19. ¥ Erosio~ (U.$.D.A. ,~oil Conservatio~ S0! Seneca S~t Surveys) ArC2 21. N Wind Ersosio~ & Btovv~and (Fig, Vt.1,"RFIE:3 22, N Ord. 460, Sec. 14.2 & Ord. 484) 23. Dam Inundetiof~ Area (Fig. VI.7) 24. , Roodp~ns (Fig. Vt.7) U ~ (riO. RESOURCES Agriculture (Fig. Vt.34 - Vt.35) tn or Near ~n Agricultural P~eserva (Riv. Co. Aoric~turil t.and COove~4Uon Contract Wil~ffe (l~ig. Vt~ - V137) Stephen ' s K-Rat Vegetat~c~ (Fig. Vt.3e - Vt~k)) Potential Mineral Reeourc~l (Fig. Vt,41 - Vt.42) Airport NOise (Fig, 11.18.5, ,.18.11 & w.12 & 1984 AICUZ Report. M.A.F.B.) N.A) A B C D (Fig, V1,1 Railroad Noise (Fig. Vl.13 - Vi.16) NA ) A B C D (Fig, Vl.1 High. way Noise (Fig. V!.17 - VI.29) NA ) A B C D (Fig, V1.11) Other Noise NA A B C D (Fig, VI.1 Project Generated Noise Affecting Noise ,~ensltive Uses (Fig. I/I.11 ) Noise ~ensltive Project (Fig. V1.11) Air Ouality Impacts From Project Project Sensitive to Air Quality Water Quality Impacts From Project Projecl ~ensitive to Water Ouality Hazardous MateriaJs and Wastes HazlrdOUl Fire Arel (Fig. V1.30 - Vl.31 Olher Other Definltloni for Land Use Suitability and Noise Acceptability Ratings NA - Not Applicable : $ - Generally Suitable PS - Provi~k:~ally Suitable U- Generafly Unsuitable R - Re~tricted A - Generally Acceptable B - Co.dillon, miry Acceptable C - Generally Unacceptable D - Land Use Di~.oumged IV. LAND USE DETERMINATION 1. OPENS CE AND CONSERVATION MAP DESlGNATION(s): Not. destgnatPd a~ f~Den SDace · . ~ LLS~. PI.I~I~ ~ e~nuth~e~t T~rrJ tnry ~ ~F.~I~ F ANY: Ranrhn ~ml t fnrn~ ~Tm~r.l m 4. COMMU~F~LICYAREA, IFANY: Nt. Pmlnm~r hh~;rvmtnry street lighting poltctes 5. COMMUNITY PLAN, IF ANY: 6. COMMUNITY PLAN DESIGNATION(s), IF ANY: ~UMMARYOFPOLJCIESAFFECTINGPRO~ Fur. re land lilac or I! with Category I]! in the outer portions. Mr. Palomar Observatory Poltcies apply as the property lies wtth~n their 30-mile radius. Low pressure sodium lighttag and appropriate shielding should be implemented. For all 1~3~K~, inidc, ate with a yes Cf~ or no (N) whether any public faciltlies and/or services issues may significantly affect or be affected by the proposal. All referenced figures are contained in the Comprehensive General Plan. For any issu~ marked yes (Y), write data sources, agencies consulted, findings of f&cL and mitigation measures under Section V. PUBUC FACIUTIES AND SERVICES Circulation (Fig. IV.l-IV.11. Dit~uss i~ 10. N Sec. V F. xistir~g, !=tanne<:l & Required Roads) Bike Tr~s (Fig. N.12 - IV.13) Wate~ (Agency Lenare) Sewer (Ammcy LeUers) Fire :,andce~ (Fig. IV.18 - ,ly.18) Shede Services prig IV.17- IV. lB) $chocds r~O. N.17 - IV.lB) Solid Waste (Fig. IV.17 - IV. lB) Pirk~ ~ I'Ze~. "=n (Iqg. IV.19 - IV,20) 2- N 3* N N N N 7-Y 11.N 12-Y 14-N 15_N 16_N 17. Equestrian Trails (Fig. IV.19 - IV.24/ Riv. Co. 8(30 Scale Equestrian Trail MAps) UlJlities (Fig. N25 - N.26) Libraries (Fig. N.17 - N.1B) HSelU~ Service~ (Fig. IV.17 - IV.18) NrlXX~ (Fig. 11.18.,2 - 11.18.4, 1[18,8 - 11.18.10 & IV.27 - IV.36) Disaster Preparedness Other pitt ol Ihe prc)jecl il located in "Adopted Specir~ F'tans", 'FIEMAP" or "Rancho Villages Cornmun~ Policy review in detail the Ipeclfic poflctes applying to the i~)po~l, and oomplete Ihe following: S~ate the relevant ~ use da~gnation(i): BaMd on this initial study, i~ the proposal consistent with the policies and deslgnatiorm of the appropriate docurr and Iherefore cons~tant ~ lhe Compr~~ General Ptan? ff not. explain: ~ ImrK~ ume ~'~)ory(ies) Io~ ~he m~tm b~med on existing cx)~c!itions~ ~ p~g~kmtia], cxxn~ I~c.) ICmtegnry lI - Rp~tdpntlA1 indicate land use ty~e 3. If D.1 cliffers from D.2. vHII Ihe diffemnc~ be resolved mtte clevelopmefit slage? ExgNain: I~ the proposed project consistent w~ the policies ~nd designations of the Community Plan? If ~ explain: '1 6. Is the proposal compatible ~ existing and proposed tUrTOunding land trees? Based on this Initial study. i~ the I~:g)osal consi~tent with tht Comprehe~siv~ General Ptan? I~ nc4. reference by Section and Is,sue Numb~ thoee laaues icientlfying incon$istm'tcies: Yes · II all c~ ~ of the protect Bite b in ~n Open Sp~ce ~ Con~tion clesig~atio~, ooml~ete the following: 1. St,d, the desig tim(s):. Based cm this Initial s~cly, Is the ;woposal oor~lsent with the Comprehensive OdmeraJ Ptan? II nc~ reference by Section .and Issue Number thom Issues identifying Inoonsistencles: 'V. INFORMATION I]1OURCF.~. FINDINO$ OF FACT AND MrT10&TION MEA~UFIE$ A. ADDITIONAL IqFORMATION REQUIRED BEFORE ENVIRONMENTAL A,.~SESSMENT CAN BE COMPLETED: SECTION/ ~ NO. 11I B-28 III B-~4 INFORMATtON REQUIRED Biological Report Archaeological Report DATE DATE ADEQUACY INFORMATION INFORMATION DETERt,~TION REOUESTED RECEIVED (YESa~J:)ATE) 2-5-88 4-88 2-5-88 B. Fo~ each issue marked y~s ~Y) under Sections III.B and IVY, identify the Sectlo~ and i~sue number and do the following, In the format as shown below: 1. Ust all aclditiona! relevant data Iource$, including Igencie$ co~lulted. 2. State all findings of fact regarding environmental concerns. 3. State $1:~=ific mitigation measures, If k:lentif'mble without requiring an environmental impact mlX)rt (E.I.R.) 4. If additional inforrr~tio~ is required before the environmental assessment can be completed, refer to Subsectio~ A. 5. If aclditionaJ sheets are needed to complete this ~ection, check the box l! the end of the section and attach the necessary ~eets. ~, I SECTION/ 1~31JE NO. III B-8 11I B-17 There are no existing noise produces which will mitigation is proposed. SOURCES, AGENCIES CONSULTED, FINDINGS OFFACT, MITIGATION MEASURES: Hitiqation for erosion shall occur throuqh slope landscapinq and proper erosion control technique during grading. impact the site. some 1II B-28&2g Biological Report No. 189 prepared for tbts project found that Stephens Kangaroo rats inbabtt the site. Development of the ~tte would result in the loss'of this habitat, so therefore the. pro]act may have a siqnificant effect on the environment. Ill B-33&34 Requested information concerntnq an archaeoloatcal report has not b,~n submitted for review. III B-35 Ill B-36 IV B-7 IV B-12 Potential Paleontolgical resources will require a paleontoloqtst be on site ~urtng grafting activity. ~t. ~alomar impacts mittqated by utilization of low pressure sodium lighting. Impacts to schools mitiqated thoruqh school fees. This project will'be required to DaY library mitigation fees. INFORMATION SOURCES, FIHDING$ OF FACT AND MITIGATION MEASURES (continued) SECT1ON/ ISSUE NO. · III B- ~8 & 29 *IIIB- 33 & 34 ~)URCE$,AGENC~$CONSULTED, FINDING$ OFFACT, M~IGATION MEASURES: Rfter this E.&. was found to have a positive declaration, a focused ElR was requested to address Stephens Kangaroo Rat tmDacts. Since the ~.O.P. was Issued. the County has established an triterim nrogram for the mitigation of tmpacts to Stephens. Because the applicant will be required to parttciDate tn this program. Including p~ent of $750 per dwelltnq untt. tt 1s determined that this project has mttiqated the potential tmpacts and that a negative declaration max be prepared. The Archaeoloqtca~ Report or·pared for this pro~ect ~as submitted for thi~ proiect. This re~grt indicated no resources were found. so therefore no ~itigation is necessary. 0 See attached pages. Vt. ENVIRONMENTAL IMPACT DETERMINATION: I-I The project will not have · ~gnlficant effect on the environment and · Negrotire Declaration may be ~] The project oould have · atgnltr~ant effect on the environment; however, there will not be a aignifican! ~fleCt In thi~ case because the mitigation measures described In Section V have been applied to the project and · Negative Declaration may be prepared. '~' ,~.,~l~,~,ed-. I ' -- ...... "' ' ~ °"~ '~ '-. '---'/~./; -~ ~. ~.~. ~-z- ~ ~ CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP / TRACT NO. 23142 DATE 12/30/90 FAITHFUL PERFORMANCE SECURITY IMPROVEMENTS Streets and Drainaqe $ 185,162.00 25,000.00 31,500.00 241,500.00 Water $ Sewer $ TOTAL $ *Maintenance Retention (10% for one year) *(or Bonds if work is completed) Monument Security City Traffic Signin9 and Striping Costs RCFC Drainage Fee Due Signalization Mitigation Fee - SMD Road and Brid9e Benefit Fee Other Developer Fees Plan Check Fee Due Inspection Fee Due Monument Inspection Fee Fee Paid To Date (Credit) Total Inspection/Plan Check Fees Due MATERIAL & LABOR SECURITY $ 92,500.00 $ 12,500.00 $ 15.5oo.oo $ 120,500.00 $ 24, OOO.OO $ 8.500.00 $ -0- $ 5,601.32 $ 3,000.00 $ -0- $ -0- $ $ $ $ $ 9,773.75 8,475.00 -0- 2,875.00 15,373.75 STAFFRPT\FVT23142 |~ Notice of Public Hearing THE CITY OF TEMECULA 43172 Business Park Drive Temecula, California 92390 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. Adoption of a recommendation to the Riverside County Board of Supervisors regarding the procedure to be used for approving applications for locating solid waste transfer facilities Any person may submit written comments to the City Council before the hearing(s) or may appear and be heard in support of or 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(s) described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing(s). The proposed project application(s) may be viewed at the public information counter, Temecula City Hall, 43172 Business Park Drive, Monday through Friday form 9:00 AM until 4:00 PM. Questions concerning the project(s) may be addressed to Joseph Hreha, (714) 694-1989. PLACE OF HEARING DATE OF HEARING TIME OF HEARING: Temporary Temecula Community Center 27475 Commerce Center Drive Temecula Tuesday. January 15. 1991 7:00 PM April 27, 1988 Mr. Richard MacHott, Supervising Planner Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, CA 9250! SUBJECT: Vineyards Vesting Tentative Tract Map Number 23142 Dear Mr. NacHott: The following summarizes our findings regarding the fiscal impact analysis for the project identified above. The appendix attached:summarizes the basic assumptions used in the analysis. Please note that these results reflect the current levels 'of service provided by the County based on Fiscal Year 1986 - 1987 actual costs (per capita factors) and Departmental and Auditor-Controller review of operations and facility costs for services reviewed using case study analysis. Staff to the Growth Fiscal Impact Task Force and Departments are currently reviewing service levels provided and the need to increase the levels of service. Current findings are that existing levels of service are not adequate inmost cases. Should the deslred level of service be utilized in the fiscal analysis performed, it would significantly increase the costs associated with this development. - COUNTY FUND (Operations and 'Maintenance) FISCAL IMPACT AFTER BUILDOUT CUHULATIVE FISCAL IMPACT &T BUILDOUT County ~eneral Fire Free Librar~ ($2,336) $2,424 ($554) ($554) ($72) ($72) SUBTOTAL COUNT~ ($1,961) $?89 Road Fund ($421) ($421) GRAND TOTAL (82,382) 8368 Rol:~d'T. Ander~r~ AdmlniWafive C~nte~ 4080L.LMONSTRF. L"T · 12THFLOO~ · R,n, rr. RSlI:~..CAl.~rORJ~92.%01 · (?]4) ?8?-2.r.r.r.r.r.r.r.r.r)M APPROVAL/----~ CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECU£A AGENDA REPORT TO: FROM: DATE: MEETING DATE SUBJECT: CITY MANAGER/CITY COUNCIL SCOTT F. FIELD, CITY ATTORNEY JANUARY 7, 1991 JANUARY 15, 1991 SOLID WASTE TRANSFER FACILITIES RECOMMENDATION: That the Council adopt the following two resolutions and direct that they be forwarded to the Board of Supervisors: A Resolution Of The City Of Temecula Adopting Procedures For Review Of Solid Waste Transfer Facilities Designed To Recover For Reuse Or Recycling Less Than 15 Percent Of The Total Volume Of Material Received By The Facility And Serving Only One Jurisdiction". A Resolution Of The City Of Temecula Adopting Procedures For Review Of Solid Waste Transfer Facilities Designed To Recover For Reuse Or Recycling Less Than 15 Percent Of The Total Volume Of Material Received By The Facility And Serving More Than One Jurisdiction. DISCUSSION: AB 939 requires that the City meet the goals of recycling 25% of all solid waste by January 1, 1995, and 50% by January 1, ~000. When AB 939 was adopted, the laws regarding solid waste facility siting were repealed. To fill the "gap" in the law (which otherwise would have put all siting on hold for several years) the Legislature adopted AB 2296 (Cortese). AB 2296 gives counties two options for dealing with solid waste siting questions. The first is to do nothing, in which case the following applies. For solid waste facilities which are "in" the old County Solid Waste Management Plans ("CoSWMPs"), the local approval consists of certification from the local enforcement agency ("LEA") (typically the City) that the facility conforms to the CoSWMP. If the facility is not in the CoSWMP, and is a landfill, it must be approved by the County and a majority of the cities with a majority of the population, and the city which is to be the site of the landfill. ITEM NO. 8 ITEM NO. 9 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department ~ January 15, 1991 Reconsideration of City Council Acceptance of Public Improvements in Parcel Map No. 23354 PREPARED BY: Albert Crisp R ECOMMEN DAT ION: That the City Council reconsider City Council action of December 18, 1990 Acceptinq the Public Improvements in Tract No. 23354, Authorizin.q the reduction of street, sewer, and water letters of credit, and DIRECT the City Clerk to so advise the clerk of the Board of Supervisors. DISCUSSION: On September 30, 1988, the Riverside County Board of Supervisors entered into subdivision agreements with: Tomond Properties. A General Partnership PO Box 2159 Escondido. CA 92025 for the improvement of streets and the installation of sewer and water systems. The Engineering Department recommended the acceptance of public improvements. authorization of reduction of letters of credit. and directing the City Clerk to so notify the clerk of the Board of Supervisors, Subsequent to City Council action on December 18, 1990. an issue has arisen that may necessitate rescinding that action pending resolution of this issue: STAFFRPT\PM23354 1 The subdivision improvements fall within the boundaries of Communities Facilities District No. 88-12 IYnez Corridor). Thus, the public improvement and right-of-way acquisition costs may be eligible for reimbursement under the provisions of City Council Resolution No. 90-30, Section 4 - "Facilities To Be Financed". It is the City Attorney's opinion that acceptance of said public improvements and reduction of letters of credit in connection with Parcel Map No. 23354 is premature; and further, should coincide with the determination of reimbursable costs and the establishment of funding for such acquisitions of public improvements and right-of-way as appropriate. The developer, Tomond Properties, a general partnership, concurs with the City Attorney and requests that such acceptance of public improvements and reduction in letters of credit be rescinded until the several issues are resolved. The developer will maintain the full face value of the letters of credit pending the resolution of these issues. AC:ks STAFFRPT\PM23354 2 Resolution No. 91- Page 2 SECTION 2. Resolution. The City Clerk shall certify the adoption of this PASSED, APPROVED AND ADOPTED this ~ day of ,1991. ATFEST: Ronald J. Parks, Mayor June S. Greek, Deputy City Clerk STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) $$ I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the day of , 1991 by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, Deputy City Clerk 2'~R.¢aoa\ 128 RESOLUTION NO. 91-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING PROCEDURES FOR REVIEW OF SOLID WASTE TRANSFER FACILITIES WHICH ARE DESIGNED TO RECOVER FOR REUSE OR RECYCLING LESS THAN 15 PERCENT OF THE TOTAL VOLUME OF MATERIAL RECEIVED BY THE FACILITY AND SERVING MORE THAN ONE JURISDICTION. WHEREAS, the City of Temecula must divert 25 % of all solid waste from landfill or transformation facilities by January 1, 1995, and 50% by January 1, 2000, and WHEREAS, the City of Temecula may establish procedures for the review of the siting of certain solid waste facilities that will assist the City to achieve these goals; and WHEREAS, section 5000 (d) of the California State Public Resources Code requires counties and the majority of the cities in the county containing a majority of the population of the incorporated area of the county to resolve by February 1, 1991, which review process will be followed for solid waste transfer facilities which are designed to, and, as a condition of their permits, shall, recover for reuse or recycling less than 15 percent of the total volume of material received by the facility and which serve more than one jurisdiction; WHEREAS, it is in the best interest of the City of Temecula to adopt a process empowering the cities of the County to review all prospective sitings that serve more than one jurisdiction; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the County and each City within the County should have the authority to review and approve/disapprove all prospective sitings of said transfer facilities that serve more than one jurisdiction. 2\r~aoa\129 Resolution 91- Page 2. SECTION 2. Resolution. The City Clerk shall certify the adoption of this PASSED, APPROVED AND ADOPTED this __ day of ,1991. ATTEST: Ronald J. Parks, Mayor June S. Greek, Deputy City Clerk STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) SS I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the day of , 1991 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS June S. Greek, Deputy City Clerk 2\~aos\129 SEN¥ BY: XEROX Telecopier 7017;12-26-90 ; 16:48 ; 61974220694 ?147555648;= 4/13 ,.TH COUNTY OF RIVERSIDE DEC 26 1990 ',. ROBERT A. NELSON Director December 20, 1990 David Dixon, City Manager City of Temecula P.O. Box 3000 Temecula, CA 92390 RE: RESOLUTIONS REQUIRRn UNDER AB 2296 BY FEBRUARY 1, 1991 Dear Mr. Dixon: Assembly Bill 2296 (Chapter 1617, Statutes of 1990) requires Riverside County and its cities to address the method for completing the Countywide review process for solid waste transfer facilities which are designed to recover for reuse or recycling less than 15% of the total volume of material received by the facility. The method must be specified by a resolution that is supported by the County and a majority of the cities within the County containing a majority of the population of the incorporated area of the County for those solid waste transfer facilities (as described above) that serve only one jurisdiction and for those that serve more than one jurisdiction. It must be emphasized that this Section of AB 2296 is concerned only with the Countywide review process. Each of these facilities will still have to receive approval from the jurisdiction where the facility is located and the California Integrated Waste Management Board (C.I.W.M.B.) (See Attachment I). Each of the two required resolutions (one for those facilities that serve only one jurisdiction and one for those facilities that serve more than one Jurisdiction) must specify if the Countywide review process will be completed by (A) the Riverside County Solid Waste Advisory Council/Local Task'Force or by (B) the County and each individual city within the County. Attachment II presents two sample resolutions (as prepared for the County Board of Supervisors) for those facilities that serve only one jurisdiction. One supports the Local Task Force as the body to complete the Countywide review process, while the other one supports the County and each city having an opportunity to review the facilities. Attachment III presents the same options in resolution form for those facilities that serve more than one jurisdiction. 11728 Magnolia, Suite A * Riverside, CA 92503 * (714) 785-6081 * FAX: (714) 785.9651 gENT. BY: XEROX Telecopier 7017;12-26-90 ; 16:49 ; 61974220694 7147555648;# 5/13 Your City Council may consider after a public hearing the options presented for the two required resolutions and if it desires approve one in each instance and submit it to this Department no later than Wednesday, January 16, 1991. The Local Task Force will consider the issue on Thursday, January 17, 1991, so that it can be placed on the Board of Supervisors agenda for Tuesday, January 29, 1991, in time for the February 1, 1991, deadline. If the required resolution is not adopted by February 1, 1991, the facilities that serve only one jurisdiction and the facilities that serve more than one jurisdiction shall in each instance be reviewed by the Local Task Force. A copy of AB 2296 is included for your review. If you have any questions regarding this issue, please call Michael Schier at (714) 354-1837. Sincerely, obert . Nelson Director GRA:ng Attachments cc: Joe Harha ;ENT.BY: XEROX Telecop£er 7017;12-26-90 ; 16:50 ; 6197422069w 7147555648;# 6/13 Facility Service Area 1. one Jurisdiction only T,evels of Approval A, -Local -Task Force -CIWMB -OR- .B. -Local -County & Each Individual City -CIWMB 2. More than one Jurisdiction A. -Local -Task Force -CIWMB -OR- B. -Local -County & Each Individual City -CIWMB. ATTACHMENT I RESOLUTION NO. 91-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING PROCEDURES FOR REVIEW OF SOLID WASTE TRANSFER FACILITIES WHICH ARE DESIGNED TO RECOVER FOR REUSE OR RECYCLING LESS THAN 15 PERCENT OF THE TOTAL VOLUME OF MATERIAL RECEIVED BY THE FACILITY AND SERVING ONLY ONE JURISDICTION. WHEREAS, the City of Temecula must divert 25 % of all solid waste from landfill or transformation facilities by January 1, 1995, and 50% by January 1, 2000; and WHEREAS, the City of Temecula may establish procedures for the review of the siting of certain solid waste facilities that will assist the City to achieve these goals; and WHEREAS, section 5000 (d) of the California State Public Resources Code requires counties and the majority of the cities in the county containing a majority of the population of the incorporated area of the county to resolve by February 1, 1991, which review process will be followed for solid waste transfer facilities which are designed to, and, as a condition of their permits, shall, recover for reuse or recycling less than 15 percent of the total volume of material received by the facility and which serve only one jurisdiction; and WHEREAS, it is in the best interest of the City of Temecula to adopt a process empowering the cities of the County to review all prospective sitings that serve only one jurisdiction; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the County and each City within the County should have the authority to review and approve/disapprove all prospective sitings of said transfer facilities that serve more than one jurisdiction. 2~Resos\128 d) e) f) g) h) i) The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns. access. and intensity of use. since the propose~d building height of ninety-one (91') feet does not comply with Section 10.4(b) of the zoning ordinance, as amended. The project as designed and conditioned will not adversely affect the public health or welfare. due to the fact that the proposed project may be consistent with the City's future General Plan. The project is compatible with surrounding land uses. The harmony in scale. bulk, and height creates an incompatible physical relationship with adjoining properties. due to the fact that the adjoining developments do not exceed two stories in height; and the subject property is located on a major topographic feature, within the City of Temecula, which is a very prominent hillside and is a visual feature from 1-15, which is a scenic corridor through the City. However, the project is consistent with the zoning ordinance. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area, due to the fact that the proposed height is consistent with the zoning ordinance. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the expanded initial study performed for this project, due to the fact that the proposed project is compatible with the surrounding land uses. STAFFR PT\ PP3/~ 15 Solid Waste Transfer Facilities January 15, 1991 Page 2 If the facility is a "MRF" (Materials Recovery Facility), and is not in the CoSWMP, the approval rests with the County-wide Local Task Force (LTF), and not the majority of the cities. (A MRF is a facility where solid waste is brought to and sorted so that recycled materials are diverted and the remainder is sent on to landfill.) However, if, on or before February 1, 1991, the majority of the cities, with a majority of the population, adopt resolutions, they, and not the LTF, will have approval authority over siting of MRFs. If the Cities, and the County do not act by February 1, 1991, they will lose this power. (It should be noted that in either event, the facility will still have to receive approval from the City where the facility is to be located and the California Integrated Waste Management Board.) The City has the option of either supporting review by the LTF, or review by each of the cities in the County. It is Staff recommendation that although the City does participate in the LTF, these matters are of such significance that they should be brought directly to the City Council for review. Accordingly, the attached two resolutions would require that all such facilities, regardless of whether located in only one jurisdiction or in two or more jurisdictions, must be brought to the City Council for review. A TTA CHMENTS: Above referenced resolutions. Letter, dated December 20, 1990 from Riverside County Waste Management re: AB 2296. {2) The planning agency finds. in approving projects and taking other actions, including the issuance of building permits, each of the following: a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time, b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan, c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C, The proposed Plot Plan is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code. to wit: (1) The City is proceeding in a timely fashion with a preparation of the general plan, (2) The City Council finds, in approving projects and taking other actions. including the issuance of building permits, pursuant to this title. each of the following: a) There is reasonable probability that Plot Plan No. 3~ proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. STAFFRPT\PP34 13 ITEM NO. 10 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof. held on the 15th day of January, 1991 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS JUNE S. GREEK DEPUTY CITY CLERK STAFFRPT\PP34 11 APPROVAL CITY ATTORNEY ~~ FINANCE OFFICER-'------ CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department January 15. 1991 Plot Plan No. 34 Tentative Parcel Map No. 25059 Change of Zone Nos. 6 and 7 PREPARED BY: RECOMMENDATION: Oliver Mujica The Planning Department Staff recommends that the City Council: ADOPT the Negative Declaration for Plot Plan No. 34. Tentative Parcel Map No. 25059. and Change of Zone Nos, 6 and 7; e ADOPT Ordinance No. 91- . entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE NO, 90-04 PERTAINING TO DEVELOPMENT STANDARDS IN THE I-P ZONE (INDUSTRIAL PARK)."; ADOPT Resolution No. 91- Zone No. 7; approving Change of ADOPT Resolution No. 91- Zone No. 6; approving Change of ADOPT Resolution No. 91- Plot Plan No. 34; and approving ADOPT Resolution No. 91- approving Tentative Parcel Map No. 25059. STAFFRPT\PP34 1 APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: BACKGROUND: DISCUSSION: Preferred Equities Markham & Associates Plot Plan No. 34 Construct one (1) seven story office building containing 102,243.5 square feet; one (1) 7,872 square foot restaurant; one (1) four level parking structure containing 134,933 square feet; and a building pad for a proposed 7,000 square foot restaurant; on 5.51 acres. Tentative Parcel Map No. 25059 Subdivide the subject 5.51 acre site into four industrial lots. Chanqe of Zone No. 6 Change the maximum height limitation contained in the development standards for the I-P (Industrial Park) zone on this site from 50 to 91 feet. Chanqe of Zone No. 7 Amend Ordinance No. 348, Section 10.41b), to increase the maximum height permitted, within the I-P I Industrial Park) zone, above 75 feet to 105 feet. Ridge Park Drive, southwest side approximately seventy (70) feet east of its intersection with Rancho California Road. I-P I Industrial Park) On December t7, 1990, the Planning Commission considered the applicant's proposal and has forwarded a recommendation of approval to the City Council by a vote of 4-1, subject to the inclusion of a condition prohibiting reflective glass. Ordinance Amendment Under the current Zoning Ordinance ( No. 348), the following sections govern the height limitations within the subject I-P (industrial Park) zone: STAFFRPT\PP34 2 Section 10.41b): "The maximum height of all structures, including buildings, shall be 35 feet at the yard setback line. Any portion of a structure that exceeds 35 feet in height shall be set back from each yard setback line not less than 2 feet for each 1 foot in height that is in excess of 35 feet. All buildings and structures shall not exceed 50 feet in height, unless a height up to 75 feet for buildings or 105 feet for other structures is specifically permitted under the provisions of Section 18.34 of this ordinance."; and, Section 18.34(1): "STRUCTURE HEIGHT. When any zoning classification provides that an application for a greater height limit may be made pursuant to this section. an application for a zone change may request a greater height limit in accordance with the limitations of the zoning classification." Correspondingly, the Planning Department Staff has made the interpretation that buildings shall be inhabitable space up to a maximum of 75 feet; and other structures above 75 feet shall be uninhabitable up to a maximum of 105 feet. Therefore, due to the fact that the applicant is proposing to provide inhabitable space above 75 feet, the applicant has filed a request (Change of Zone No.7) to amend Section 10.41b), in order to eliminate the distinction between buildings and other structures, as follows: "b. The maximum height of all structures, including buildings, shall be 35 feet at the yard setback line. Any portion of a structure or building that exceeds 35 feet in height shall be set back from each yard setback line not less than 2 feet for each 1 foot in height that is in excess of 35 feet. All buildings and structures shall not exceed 50 feet in height, unless a height up to 105 feet STAFFRPT\PP34 3 STAFF RECOMMENDATION: OM: ks Attachments: 1. 3. 4. 5. 6. 7. 8. 9. 10. for buildings and/or structures is specifically permitted under the provisions of Section 18.34 of this ordinance." Based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval, the Planning Department Staff recommends that the City Council: ADOPT the Negative Declaration for Plot Plan No. 34, Tentative Parcel Map No. 25059, and Change of Zone Nos. 6 and 7; ADOPT Ordinance No. 91- , entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDINC PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO DEVELOPMENT STANDARDS IN THE I-P ZONE (INDUSTRIAL PARK)."; ADOPT Resolution No. 91- Zone No. 7; approving Change of ADOPT Resolution No. 91- Zone No. 6; approving Change of ADOPT Resolution No. 91- Plot Plan No. 34; and approving ADOPT Resolution No. 91- approving Tentative Parcel Map No. 25059· Exhibits A. Site Plan B. Floor Plans C. Exterior Elevations D. Tentative Parcel Map Ordinance Resolution (Change of Zone No. 7) Resolution (Change of Zone No. 6) Resolution (Plot Plan No. 34) Conditions of Approval (Plot Plan 34) Resolution (Tentative Parcel Map No. 25059) Conditions of Approval (Tentative Parcel Map No. 25059) Planning Commission Staff Report I Dated December 17, 1990) Planning Commission Minutes I Dated December 17, 1990) STAFFRPT\PP34 4 Notice of Public Hearing THE CITY OF TEMECULA 43172 Business Park Drive Temecula, California 92390 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. Case No: Applicant: Location: Proposal: Environmental Action: Plot Plan No. 34 and Tentative Parcel Map No. 25059, Change of Zone No. 6 and No. 7 Preferred Equities Ridge Park Dr., southwest side approximately 70 feet east of its intersection with Rancho California Road. Plot Plan No. 34 - construct one seven-story office bldg. (102,243.5 sq. feet), one 7,872 sq. foot restaurant; one four-level parking structure (134,933 sq. feet); and building pad for proposed 7,000 sq. foot restaurant on 5.51 acres. Tentative Parcel Map No. 25059 - subdivide subject 5.51 acre site into four industrial lots. Change of Zone No. 6 - change maximum height limitation contained in development standards for I-P (Industrial Park) zone from 50 to 91 feet. Change of Zone No. 7 - Amend Ordinance No. 348, Section 10.4 (b), to increase the maximum height permitted, within I-P (Industrial Park) zone, above 75 feet to 105 feet. Negative Declaration Any person may submit written comments to the City Council before the hearing(s) or may appear and be heard in support of or 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(s) described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing(s). The proposed project application(s) may be viewed at the public information counter, Temecula City Hall, 43172 Business Park Drive, Monday through Friday form 9:00 AM until 4:00 PM. Questions concerning the project(s) may be addressed to Oliver Mujica, City of Temecula Planning Department (714) 694-6400 PLACE OF HEARING DATE OF HEARING TIME OF HEARING: Temecula Community Center 28816 Pujol Street Temecula Tuesday. $anuary 15. 1991 7:00 PM ORDINARCF. NO. 91-__ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO DEVELOPMENT STANDARDS IN THE I-P ZONE ( INDUSTRIAL PARK) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: S~CTION 1. City Ordinance No. 90-04 adopted by reference certain portions of the Non-Codified Riverside County Ordinances, including Ordinance No. 348. Article X, Section 10.4.b. of Ordinance No. 348 is hereby amended to read as follows: "b. The maximum height of all structures, including buildings, shall be 35 feet at the yard setback line. Any portion of a structure or building that exceeds 35 feet in height shall be set back from each yard setback line not less than 2 feet for each 1 foot in height that is in excess of 35 feet. All buildings and structures shall not exceed 50 feet in height, unless a height up to 105 feet for buildings and/or structures is specifically permitted under the provisions of Section 18.34 of this ordinance." SECTION 2. SEVFRABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 3. The city Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 4. EFFECTIVE DATE This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Council Members voting -1- thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED AND ADOPTED this , 1991. day of RON PARKS MAYOR ATTEST: DAVID F. DIXON City Clerk STATE OF CALIFOP~NIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, David F. Dixon, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 91- was duly introduced and placed upon its first reading at a regular meeting of the city Council on the day of , 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the __ d~y of , 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCIlEMBERS: ABSENT: COUNCILMEMBERS: APPROVED AS TO FORM: DAVID F. DIXON CITY CLERK Scott F. Field city Attorney -2- Ordinance No.. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) AFFIDAVIT OF POSTING says: DAVID F. DIXON, being first duly sworn, deposes and That he is the duly appointed and qualified City Clerk of the City of Temecula; That in compliance with City Resolution No. 89-9 on December 1, 1989, ORDINANCE NO. 91- was caused to be posted in three (3) places in the City of Temecula, to wit: Temecula Library Temecula Community Center Temecula City Hall bAVID F. DIXON, CITY CLERK -3- RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 6 TO CHANCE THE MAXIMUM HEIGHT LIMITATION CONTAINED IN THE DEVELOPMENT STANDARDS FOR THE I-P {INDUSTRIAL PARK) ZONE ON THIS SITE FROM 50 TO 91 FEET LOCATED ON RIDGE PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NO. 940-310-033, 034, AND 037. WHEREAS, Preferred Equities filed Change of Zone No. 6 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Change of Zone application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Change of Zone on December 17, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Change of Zone; WHEREAS. the City Council conducted a public hearing pertaining to said Plot Plan on January 15, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Change of Zone; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Change of Zone; NOW, THEREFORE. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE. DETERMINE AND ORDER AS FOLLOWS: SECTION 1. the following findings: Findinqs. That the Temecula City Council hereby makes A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. STAFFRPT\PP34 8 { 2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: (a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. lb) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. {c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, {hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County. including the area now within the boundaries of the City. At this time. the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The City Council in approving the proposed Change of Zone, makes the following findings, to wit: a) There is a reasonable probability that Change of Zone No. 6 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the subject request is consistent with the limitations of the zoning ordinance in which structures of up to 105 feet are permitted and since Change of Zone No. 7, which is a request to amend Section 10.~(b) of the zoning ordinance, is recommended for approval. b) There is not a likely probability of substantial detriment to or interference with the future General Plan, if Change of Zone No. 6 is ultimately inconsistent with the plan, due to the fact that an approval of such a building height within the I-P I Industrial STAFFRPT\PP34 9 Park) zone may be consistent with the goals and/or policies of the City's future General Plan. c) The project is compatible with surrounding land uses. Although the harmony in scale, bulk, and height creates an incompatible physical relationship with adjoining properties, due to the fact that the adjoining developments do not exceed two stories in height, the proposed project is consistent with the zoning ordinance. d) The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area, due to the fact that the proposed height is consistent with the zoning ordinance. D. The Change of Zone is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Action. That the City of Temecula City Council hereby approves Change of Zone No. 6 to change-the maximum height limitation contained in the development standards for the I-P (Industrial Park) zone on this site from 50 to 91 feet located on Ridge Park Drive and known as Assessor's Parcel No. 9~0-310-033, 034, and 037. SECTION ~ The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 15th day of January, 1991. RONALD J PARKS MAYOR STAFFRPT\PP34 10 RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 7 TO AMEND ORDINANCE NO. 348, SECTION 10.4(b), TO INCREASE THE MAXIMUM HEIGHT PERMITTED FOR BUILDINGS AND/OR STRUCTURES, WITHIN THE I-P (INDUSTRIAL PARK) ZONE, TO 105 FEET. WHEREAS, Preferred Equities filed Change of Zone No. 7 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Change of Zone application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Change of Zone on December 17, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Change of Zone; WHEREAS, the City Council conducted a public hearing pertaining to said Plot Plan on January 15, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Change of Zone; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Change of Zone; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findin.qs. That the Temecula City Council hereby makes the following findings:-- A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: {1) The city is proceeding in a timely fashion with the preparation of the general plan. 12) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: STAFFRPT\PP34 5 There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. lb) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. Ic) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The City Council in approving the proposed Change of Zone, makes the following findings, to wit: a) There is a reasonable probability that Change of Zone No. 7 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the subject request involves an amendment to Section 10.4lb) of the Zoning Ordinance, which pertains to building height within the I-P l industrial Park) zone, which may be consistent with the goals and/or policies of the City's future General Plan. b) There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed amendment (Change of Zone) is ultimately inconsistent with the plan, due to the fact that such an amendment, if deemed inconsistent with the plan, may cause all properties within the I-P (Industrial Park) zone to be inconsistent with the plan. Therefore, it is likely that the City will consider this amendment during their preparation of the General Plan. STAFFRPT\PP3~ 6 D. The Change of Zone is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Action. That the City of Temecula City Council hereby approves Change of Zone No. 7 to amend Ordinance No. 3[;8, Section 10.41 b), to increase the maximum height permitted for buildings and/or structures, within the I-P I Industrial Park) zone, to 105 feet. SECTION 4I. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 15th day of January, 1991. RONALD J PARKS MAYOR I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 15th day of January, 1991 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS JUNE S. GREEK DEPUTY CITY CLERK STAFFRPT\PP34 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 15th day of January. 1991 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COU N C I LMEMB E RS JUNE S. GREEK DEPUTY CITY CLERK STAFF R PT\ PP34 17 CITY OF TEMECULA CONDITIONS OF APPROVAL Plot Plan No: 34 Project Description: 276,312.5 Square Foot Office/Restaurant Development Assessor's Parcel Nos.: 940-310-033, 034, and 037 Planninq Department The use hereby permitted by this plot plan is for the development of a 276,312.5 square foot office/restaurant development containing one 11 ) seven (7) story office building (102,243.5 square feet and 91 feet high); one (1) 7,872 square foot restaurant; one (1) four (4) story parking structure (134.933 square feet); and a future building pad only for a proposed 7,000 square foot restaurant on a 5.51 acre site. The permittee shall defend, indemnify. and hold harmless the City of Temecula. its agents, officers. and employees from any claims. action, or proceeding against the City of Temecula or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City of Temecula, its advisory agencies, appeal boards, or legislative body concerning Plot Plan No. 34. The City of Temecula will promptly notify the permittee of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim. action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter. be responsible to defend. indemnify. or hold harmless the City of Temecula. This approval shall be used within two (2) years of approval date; otherwise. it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion. or the beginning of substantial utilization contemplated by this approval. This approval shall expire on January 15, 1993. The development of the premises shall conform substantially with that as shown on Plot Plan No. 34 marked Exhibit A, or as amended by these conditions. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. e The applicant shall comply with the Engineering Department's Conditions of Approval which are included herein. STAFF R PT\PP34 18 10. 11. Prior to the issuance of grading or building permits, three ~3) copies of a Parking, Landscaping. Irrigation. and Shading Plans shall be submitted to the Planning Department for approval. The location, number. genus, species, and container size of the plants shall be shown. Plans shall meet all requirements of Ordinance No. 348, Section 18.12, and shall be accompanied by the appropriate filing fee. All landscaped areas shall be planted in accordance with approved landscape, irrigation. and shading plans prior to the issuance of occupancy permits. An automatic sprinkler system shall be installed and all landscaped areas shall be maintained in a viable growth condition. Planting within ten (10) feet of an entry or exit driveway shall not be permitted to grow higher than thirty (30) inches. A minimum of 571 parking spaces shall be provided in accordance with Section 18.12. Riverside County Ordinance No. 348. 571 parking spaces shall be provided as shown on the Approved Exhibit B. The parking area shall be surfaced with asphaltic concrete paving to a minimum depth of 3 inches on ~ inches of Class II base. A minimum of 8 handicapped parking spaces shall be provided as shown on Exhibit B. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephone In addition to the above requirements. the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. Prior to the issuance of building permits. the applicant shall obtain clearance and/or permits from the following agencies: Planning Department Engineering Department Environmental Health School District Riverside County Flood Control Fire Department. STAFFRPT\PP3L~ 19 12, 13. 15, 16, 17. 18, 19, 20, 21. 22. A Plot Plan application for a Sign Program shall be submitted and approved by the Planning Director prior to occupancy. Building elevations shall be in substantial conformance with that shown on Exhibit C. Materials used in the construction of all buildings shall be in substantial conformance with that shown on Exhibit C (Color Elevations) and Exhibit D {Materials Board), with the exception of the green monolithic glazing (Item "B") which shall be non-reflective. Roof-mounted equipment for the two (2) proposed restaurants shall be shielded from ground view, Screening material shall be subject to Planning Department approval, No roof-mounted equipment shall be permitted for the proposed seven story office building and four story parking structure within the project site. All trash enclosures shall be constructed prior to the issuance of occupancy permits. Each enclosure shall be six feet in height and shall be made with masonry block and a steel gate which screens the bins from external view. Landscapin9 plans shall incorporate the use of specimen canopy trees along streets and within the parking areas, All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No, 655. This project is located within the vicinity of a subsidence zone. Prior to issuance of any building permit by the Department of Building and Safety, a letter of clearance from the Riverside County Geologist shall be submitted or a California Licensed Soils Engineer or Geologist shall submit a report to the Building and Safety Department identifying the potential for subsidence. Where hazard of subsidence is determined to exist. appropriate mitigation measures must be demonstrated. If determined to be within the Habitat Conservation Plan Study Area, prior to the issuance of grading permits, the applicant shall comply with Ordinance No. 663 by paying the fee required by that ordinance which is based on the gross acreage of the parcels proposed for development. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fees required by Ordinance No. 663, the applicant shall pay the fee required under the Habitat Conservation Plan as implemented by County ordinance or resolution. 23 Class I bicycle racks shall be provided in convenient locations as approved by the Planning Director to facilitate bicycle access to the project area. STAFFRPT\PP34 20 23. Prior to the issuance of building permits, performance securities, in amounts to be determined by the Director of Building and Safety to guarantee the installation of plantings, walls, and fences in accordance with the approved plan. and adequate maintenance of the Planting for one year. shall be filed with the Department of Building and Safety. 24. Prior to the issuance of occupancy permits. all required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Director of Building and Safety. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 25. All utilities. except electrical lines rated 33kv or greater. shall be installed underground. 26. Prior to the sale of any structure as shown on Exhibit D. a land division shall be recorded in accordance with Riverside County Ordinance No. 460 and any other pertinent ordinance. 27. Prior to the issuance of grading permits and/or building permit. the developer or his successor's interest shall submit a mitigation monitoring program which shall describe how compliance with required mitigation measures will be met and the appropriate monitoring timing of the mitigation. The applicant shall reimburse the City for all monitoring activity cost. 28. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 29. 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 at least 120 days prior to submittal for building permit, enter into an agreement to complete the improvements pursuant to Government Code Section 66[t62 at such time as the City acquires the property interests required for the improvements. 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 project. Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 30. Prior to the issuance of building permits, a certificate of Parcel Merger or Lot Line Adjustment shall be approved by the Engineering Department. Riverside County Fire Department 31. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 5~6. STAFFR PT\PP34 21 32. 33. 35. 36. 37. 38. 39. [;0. Provide or show there exists a water system capable of delivering 2000 GPM for a 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. A combination of on-site and off-site super fire hydrants (6"x4"x2 1/2x2 1/2 ), will be located not less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separation or built-in fire protection measures. Install a complete fire sprinkler system in all buildings requiring a fire flow of 1500 GPM or greater. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. Install a supervised waterflow monitoring fire alarm system. Plans must be submitted to the Fire Department for approval prior to installation, as required by the Uniform Building Code. A statement that the building will be automatically fire sprinklered must appear on the title page of the building plans. Install panic hardware and exit signs as per Chapter 33 of the Uniform Building Code. Low-level exit signs, where exit signs are required by Section 3314(a). Certain designated areas will be required to be maintained as fire lanes. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact a certified extinguisher company for proper placement of equipment. Prior to issuance of building permits, the applicant/developer shall be responsible to submit a check or money order in the amount of $558.00 to the Riverside County Fire Department for plan check fees. Prior to the issuance of building permits, the developer shall deposit with the Riverside County Fire Department, a check or money order equaling the sum of 25 cents per square foot as mitigation for fire protection impacts. This amount must be submitted separately from the plan check review fee. Building "C" must meet highrise life safety requirements per Riverside County Ordinance 5q6, Section 801, parking garage install Class I II standpipe system. Final conditions will be addressed when building plans are reviewed in the Building and Safety Office. STAFFRPT\PP34 22 Enqineerinq Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. PRIOR TO ISSUANCE OF GRADINC PERMITS: 45. The developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; and CATV Franchise. The developer shall submit four (4) copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-of- way. If grading is to take place between the months of October and April, erosion control plans will be required. Erosion control plans and notes shall be submitted and approved by the Engineering Department. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the City Engineer's Office. 50. The developer shall provide clearance from all applicable agencies and pay all fees prior to the approval of plans. 51. All work done within the City right-of-way shall have an encroachment permit. 52. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. STAFFRPT\PP34 23 53. A drainage study shall be submitted to and approved by the City Engineer. All drainage facilities shall be installed as required by the City Engineer, All concentrated drainage directed toward the public street shall be diverted through the undersidewalk drains, PRIOR TO ISSUANCE OF BUILDING PERMIT: 55, A precise grading plan shall be submitted to the Engineering Department for review and approval, The building pad shall be certified by a registered Civil Engineer for location and elevation. and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 56, Prior to issuance of a building permit, the developer shall deposit with the Engineering Department a cash sum as established per acre as mitigation for traffic signal impact. PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: 57. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. tl~l and as approved by the City Engineer, 58. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project. including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof. the Developer shall execute the Agreement for Payment of Public Facility Fee. a copy of which has been provided to Developer, Developer understands that said agreement may require the payment of fees in excess of those now estimated l assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Transportation Enqineerinq PRIOR TO ISSUANCE OF BUILDING PERMITS: 59, Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the City Engineer for the intersection of Rancho California Road and Ridge Park Drive. 60, A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for the intersection of Rancho California Road and Ridge Park Drive, Based on the Traffic Study. these plans shall be designed to provide for 300~ of left turn storage capacity on westbound Rancho California Road to southbound Ridge Park Drive. STAFFRPT\PP3t~ 24 61. The developer shall contribute 46 percentage for the construction costs of the signal at Rancho California Road and Ridge Park Drive. 62, The developer may enter into a reimbursement agreement with the City for the remaining percentage of the construction costs, above his pro rate share, for the signal at Rancho California Road and Ridge Park Drive. 63. Credit shall be given toward the developer's signal mitigation fees for the design and construction of the signal at Ridge Park Drive and Rancho California Road. 64. Plans for traffic signal interconnect shall be designed by a registered Civil Engineer and approved by the City Engineer along Rancho California Road from Diaz Road to Ridge Park Drive. 65. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 66. All signing and striping shall be installed per the approved signing and striping plan. 67. The traffic signal at Rancho California Road and Ridge Park Drive shall be installed and operational per the special provisions, and the approved traffic signal plan. 68. All traffic signal interconnects shall be installed per the approved plan. STAFFRPT\PP34 :75 RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE PARCEL MAP NO. 25059 TO SUBDIVIDE A 5.51 ACRE PARCEL INTO FOUR (4) PARCELS LOCATED ON RIDGE PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NOS. 9q4)-310-033, 034, AND 037. WHEREAS, Preferred Equities filed Tentative Parcel Map No. 25059 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Parcel Map on December 17, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission · recommended approval of said Parcel Map; said Parcel opportunity WHEREAS, the City Council conducted a public hearing pertaining to Map on January 15, 1991, at which time interested persons had to testify either in support or opposition to said Parcel Map; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Parcel Map; NOW. THEREFORE. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findinqs. That the Temecula City Council hereby makes the following findings:-- A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty 130) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: I1) The city is proceeding in a timely fashion with the preparation of the general plan. STAFFRPT\PP34 26 j) The design of the project and the type of improvements are such that they are not in conflict with easements for access through or use of the property within the proposed project. k) That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. E. As conditioned pursuant to SECTION 3, the Plot Plan proposed conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore. is hereby granted. SECTION 3. Conditions. That the City of Temecula City Council hereby approves Plot Plan No. 34 to construct a 276,312.5 square foot office/restaurant development containing one (1) seven-story office building 1102,243.5 square feet and 91 feet high); one I1) 7,872 square foot restaurant; one ll ) four-story parking structure (134,933 square feet and q18 parking spaces); and a future building pad only for a proposed 7,000 square foot restaurant on a 5.51 acre site located on Ridge Park Drive and known as Assessor's Parcel Nos. 9q4)-310-033,03q, and 037 subject to the following conditions: A. Exhibit A, attached hereto. SECTION ~_~. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 15th day of January, 1991. RONALD J PARKS MAYOR STAFF R PT\ PP3/4 16 'DNI 'VII71]D~IA/' S~]~IOOD SID~II!HD~iV · Z c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 18.30(c), no plot plan may be approved unless the following findings can be made: a) The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. b) The overall development of the land is designed for the protection of the public health. safety and general welfare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property, (2) The City Council, in approving the proposed Plot Plan, makes the following findings, to wit: a) There is a reasonable probability that Plot Plan No. 34 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law. due to the fact that the proposed building height is consistent with the zoning ordinance; and Change of Zone Nos, 6 and 7 are recommended for approval. b) There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed use is ultimately inconsistent with the plan, due to the fact that an approval of such a building height within the I-P (Industrial Park) zone may be consistent with the goals and/or policies of the City's Future General Plan. c) The proposed use or action complies with State planning and zoning laws. due to the fact that the proposed project may be consistent with the City's future General Plan, STAFFRPT\PP34 14 PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 43, All signing and striping shall be installed per the approved signing and striping plan, 44. The traffic signal at Rancho California Road and Ridge Park Drive shall be installed and operational per the special provisions and the approved traffic signal plan. 45. All traffic signal interconnects shall be installed per the approved plan. STAFFRPT\PP34 41 RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 34 TO CONSTRUCT A 276,312.5 SQUARE FOOT OFFICE/RESTAURANT DEVELOPMENT ON A PARCEL CONTAINING 5.51 ACRES LOCATED ON RIDGE PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NOS. 940- 310-033, 034, AND 037. WHEREAS, Preferred Equities filed Plot Plan No. 34 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Plot Plan application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Plot Plan on December 17, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Plot Plan; WHEREAS, the City Council conducted a public hearing pertaining to said Plot Plan on January 15, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Plot Plan; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Plot Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. the following findings: Findinqs. That the Temecula City Council hereby makes A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty 130) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. STAFFRPT\PP34 12 32. 33. 34. A declaration of Covenants, Conditions and Restrictions (CCSR's) shall be prepared by the developer and submitted to the Director of Planning. City Engineer and City Attorney. The CC&R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed. shall make the City a party thereto. and shall be enforceable by the City. The CC&R's shall be reviewed and approved by the City and recorded. The CC&R's shall be subject to the following conditions: a. The CC&R's shall be prepared at the developer's sole cost and expense. be The CC&R's shall be in the form and content approved by the Director of Planning, City Engineer and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interest of the City and its residents. The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. de The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas and facilities. The CCSR's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform. at the owner's sole expense. any maintenance required thereon by the CC&R's or the City ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. 461 and as approved by the City Engineer. Prior to recordation of the final map, the developer shall deposit with the Engineering Department a cash sum as established. per lot. as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. STAFFRPT\PP34 39 (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. { 2) The Planning Commission finds. in approving projects and taking other actions, including the issuance of building permits, pursuant to this title. each of the following: a) There is reasonable probability that Parcel Map No. 25059 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. STAFFRPT\PP3Z~ 27 c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. I1) Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c) That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. STAFFRPT\PP34 28 (2) The City Council in approving the proposed Tentative Parcel Map, makes the following findings, to wit: a) There is a reasonable probability that Tentative Parcel Map No. 25059 will be consistent with the City's future General Plan, which will be completed within a reasonable time in accordance with State Law. b) There is not a likely probability of substantial detriment to or interference with the future and adopted General Plan, if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with State planning and zoning laws. d) The site is suitable to accommodate the proposed land use in terms of the circulation patterns, access, and density. e) The project as designed and conditioned will not adversely affect the public health or welfare. f) Tentative Parcel Map No. 25059 is compatible with surrounding land uses. The harmony in scale, bulk, height, density, and coverage is likely to create a compatible physical relationship with adjoining properties. g) The proposal will not have an adverse affect on surrounding property, because it does not represent a significant change to the present or planned land use of the area. h) The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Initial Study for this project. That said findings are supported by minutes, maps, exhibits, and environmental documents associated with this application are herein incorporated by reference. STAFFRPT\PP34 29 j) The project will not have a significant adverse impact on the environment in that Stephen's Kangaroo Rat Habitat Conservation fees are required and archaeologlcal resources are not likely to be found at the site. k) The project will not be detrimental to human health or safety in that drainage and flood control measures must be approved by FEMA prior to map recordation, and the potential for liquefaction, differential subsidence, and surface fissuring at the site are very low. A soils report must be submitted to the Building and Safety Department addressing soil stability and geological conditions. E. As conditioned pursuant to SECTION 3, the Parcel Map proposed is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula City Council hereby approves Tentative Parcel Map No. 25059 for the subdivision of a 5.51 acre parcel into four (4) parcels located on Ridge Park Drive and known as Assessor's Parcel Nos. 940-310-033, 034 and 037, subject to the following conditions: A. Exhibit A, attached hereto. SECTION 4_~. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 15th day of January, 1991. RONALD J PARKS MAYOR STAFFRPT\PP34 30 I HEREBY CERTIFY that the forecjoincj Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof. held on the 15th day of January, 1991 by the followincj vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS JUNE S. GREEK DEPUTY CITY CLERK STAFFRPT\PP3L[ 31 CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No: 25059 Project Description: Four (4) Lot Industrial Subdivision Assessor's Parcel No.: 940-310-033, 034 and 037 Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460. Schedule E, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request. if made 30 days prior to the expiration date. o This conditionally approved tentative map will expire two years after the approval date. unless extended as provided by Ordinance 460. The expiration date is January 15, 1993. e The final map shall be prepared by a licensed land surveyor subject to all the requirements of the State of California Subdivision Map Act and Ordinance ~60. Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a City maintained road. o All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. Easements, when required for roadway slopes, 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 and recorded as directed by the City Engineer. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. STAFFRPT\PP34 32 o 10. 11. 12. 13. 15. An Association shall be established for maintenance of Lot ~. Open Space/Common Area and the developer/applicant shall pay for all costs relating to establishment of the Property Owners Association. A copy of the final grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: ao Be limited to a maximum slope ratio of 2 to 1 and a maximum vertical height of thirty (30) feet. Setbacks from top and bottom of slopes shall be a minimum of one-half the slope height. b. Be contour-graded to blend with existing natural contours. c. Be a part of the downhill lot when within or between individual lots. All slopes over three (3) feet in height shall be landscaped and irrigated according to the City Development Code. A detailed landscaping and irrigation plan. prepared by a qualified professional, shall be submitted to the City Planning Department for review and approval prior to issuance of grading permits. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of the I-P I Industrial Park) zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The developer shall be responsible for maintenance and upkeep of all slopes. landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to recordation of the final map. an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. STAFFRPT\PP34 33 16. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: I1) Prior to the issuance of grading permits detailed common open space area landscaping and irrigation plans shall 'be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: ao Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. be Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground. de Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth betming, ground cover, shrubs and specimen trees. Front yards shall be landscaped and street trees planted. ee Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. fo Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-of-way, they shall be planted outside of the road right-of- way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. he All existing specimen trees and significant rock outcroppings on the subject property shall be shown on the project's grading plans and shall note those to be removed, relocated and/or retained. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. STAFFRPT\PP34 34 17. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. 3. Preliminary pad and roadway elevations. Areas of temporary grading outside of a particular phase. ke All cut slopes located adjacent to ungraded natural terrain and exceeding ten [10) feet in vertical height shall be contour- graded incorporating the following grading techniques: The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. o The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. STAFFRPT\PP34 35 18. 19. 20. 21. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: Prior to the submittal of building plans to the Department of Building and Safety an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to 45 Ldn, bo All building plans for all new structures shall incorporate, all required elements from the subdivision~s approved fire protection plan as approved by the County Fire Marshal. Ce Prior to the issuance of building permits, composite landscaping and irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects the tract requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: ae All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. be All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. Ce Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required walls shall be determined by the acoustical study where applicable. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 25059, which action is brought within the time period provided STAFFRPT\PP34 36 for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. 22. 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 at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66~62 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 23. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground. with easements provided as required, and designed and constructed in accordance with City Codes and the utility provided. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. All utilities. except electrical lines rated 33kv or greater, shall be installed underground. Covenants. Conditions and Restrictions/Reciprocal Access Easements: 25, The Covenants. Conditions and Restrictions (CCF, R's) shall be reviewed and approved by the Planning Department prior to final approval of the tract maps. The CCSR's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. 26. No lot or dwelling unit in the development shall be sold unless a corporation. association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control. and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CCg, R~s which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance. repairs, and services. Recorded CCF~R~s shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence STAFFRPT\PP34 37 of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 27. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either ( 1 ) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 28. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC~,R~s. Enqineerinq Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. It is understood that the Developer correctly shows all existing easements. traveled ways. and drainage courses. and their omission may require the project to be resubmitted for further consideration. 29. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. 30. The final map shall be prepared by a licensed land surveyor or registered Civil Engineer. subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. ~60. PRIOR TO RECORDATION OF THE FINAL MAP: 31. The developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; and CATV Franchise. CalTrans STAFFRPT\PP34 38 'Z)NI 'VIIN~S3~ :. SfllA/OOZ) SIZ)3HH~!V ..................... SID]_I_IHD~IV I- I II1, i L .f.~'a;Ot .i ............ ' ~N! 'VIINOS]~~ SfilA/00) , ..... ............... S/3:111H3~IV Ill I ./ 0 5 'DNI 'V/Ii'l~D~W "SSWOOD $1:)]1]HD~tV ..................... SID]IIHD~IV Z~ II ,/F// l 'VllnbEIW ~1,~003 SID] I IHD~IV --Zo '1 L ' I ,b 'l I ,I I I I L .........................S. IZ)].I.!H:)~iV .J'. RESOLUTION NO, 90- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PLOT PLAN NO. 34 TO CONSTRUCT A 276,312.5 SQUARE FOOT OFFICE/RESTAURANT DEVELOPMENT ON A PARCEL CONTAINING 5.51 ACRES LOCATED ON RIDGE PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NOS. 940-310-033, 034, AND 037. WHEREAS, Preferred Equities filed Plot Plan No. 34 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Plot Plan application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission conducted a public hearing pertaining to said Plot Plan on December 17, 1990, at which time interested persons had opportunity to testify either in support or opposition to said Plot Plan; and WHEREAS, the Planning Commission received a copy of the Staff Report regarding the Plot Plan; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findinqs. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: (a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. STAFFRPT\PP34 I "~1l ~.[!'] I'~_'t ,!!:!·!; j Ii d) The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area, due to the fact that the proposed height is consistent with the zoning ordinance. D. The Change of Zone is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Change of Zone No. 6 to change the maximum height limitation contained in the development standards for the I-P ( Industrial Park) zone on this site from 50 to 91 feet located on Ridge Park Drive and known as Assessor's Parcel No. 9~0-310- 033, 03~, and 037 subject to the following conditions: A. Exhibit A, attached hereto. PASSED, APPROVED AND ADOPTED this 17th day of December, 1990. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 17th day of December, 1990 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS STAFFRPT\PP3~4 3 PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 35, Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Transportation En.clineerinq PRIOR TO RECORDATION: 36. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the City Engineer for the intersection of Rancho California Road and Ridge Park Drive. 37. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for the intersection of Rancho California Road and Ridge Park Drive. Based on the Traffic Study, these plans shall be designed to provide for 300' of left turn storage capacity on westbound Rancho California Road to southbound Ridge Park Drive. 38. Credit shall be given toward the developers signal mitigation fees for the design and construction of the signal at Ridge Park Drive and Rancho California Road. 39. The developer shall contribute 46 percentage for the construction costs of the signal at Rancho California Road and Ridge Park Drive. 40. The developer may enter into a reimbursement agreement with the City for the remaining percentage of the construction costs, above his pro rata share, for the signal at Rancho California Road and Ridge Park Drive. Plans for traffic signal interconnect shall be designed by a registered Civil Engineer and approved by the City Engineer along Rancho California Road from Diaz Road to Ridge Park Drive. 42. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. STAFFRPT\PP34 40 RESOLUTION NO. 90- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF CHANGE OF ZONE NO. 6 TO CHANGE THE MAXIMUM HEIGHT LIMITATION CONTAINED IN THE DEVELOPMENT STANDARDS FOR THE I-P I INDUSTRIAL PARK) ZONE ON THIS SITE FROM 50 TO 91 FEET LOCATED ON RIDGE PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NO. 940-310-033, 034, AND 037. WHEREAS, Preferred Equities filed Change of Zone No. 6 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Change of Zone application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Change of Zone on December 17, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Change of Zone; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findinqs. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty {30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: {a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. STAFFRPT\PP3/4 1 i i J / STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION December 17, 1990 Case Nos.: Plot Plan No. 34 Tentative Parcel Map No. 25059 Change of Zone Nos. 6 and 7 Prepared By: Oliver Mujica Recommendation: Forward the following recommendations to the City Council: ADOPT the Negative Declaration for Plot Plan No. 34, Tentative Parcel Map No. 25059, and Change of Zone Nos. 6 and 7; 2. ADOPT Resolution No. 90- approving Change of Zone No. 7; 3. ADOPT Resolution No. 90- approving Change of Zone No. 6; ADOPT Resolution No. 90- approving Plot Plan No. 34; and ADOPT Resolution No. 90- approving Tentative Parcel Map No. 25059. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: Preferred Equities Markham $ Associates Plot Plan No. 34 Construct one (1) seven story office building containing 102,243.5 square feet; one (1) 7,872 square foot restaurant; one ( 1 ) four level parking structure containing 134,933 square feet; and a building pad for a proposed 7,000 square foot restaurant; on 5.51 acres. STAFFRPT\PP34 1 Tentative Parcel Map No. 25059 Subdivide the subject 5.51 acre site into four (4) industrial lots. LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS: Chanqe of Zone No. 6 Change the maximum height limitation contained in the development standards for the I-P (Industrial Park) zone on this site from 50 to 91 feet. Chanqe of Zone No. 7 Amend Ordinance No. 348, Section 10.4(b), to increase the maximum height permitted, within the I-P (Industrial Park) zone, above 75 feet to 105 feet. Ridge Park Drive, southwest side approximately seventy (70) feet east of its intersection with Rancho California Road. I-P (Industrial Park) North: I-P South: I -P East: I -P West: I-P ( Industrial Park) ( Industrial Park) (Industrial Park) (Industrial Park) Not applicable. Vacant North: I ndustrial!Office South: Office East: Office West: Vacant No. of Buildings: No. of Building Pads: No. of Acres: Total Square Feet: No. of Parking Spaces: SWAP Designation: 3 bldgs. 4 pads 5.51 acres 276,312 sq.ft. 570 spaces Restricted Light Industrial STAFFRPT\PP3tl 2 BACKGROUND: Status Plot Plan No. 34 and Tentative Parcel Map No. 25059 were submitted to the City of Temecula on May 11, 1990. On June 14, 1990, this project was reviewed by the Preliminary Development Review Committee (Pre- DRC) in order to informally evaluate the project and address any concerns, as well as suggesting possible modifications. The comments by the Pre- DRC included the following: 1. Grading 2. Access/Circulation 3. Drainage Loading 5. Traffic Impacts 6. Building Height 7. Parking Subsequent to the Pre-DRC meeting, Staff met with the applicant to discuss possible design modifications in order to address the Pre-DRC's concerns. On October 11. 1990. this project was once again reviewed by the Pre-DRC in order to informally evaluate the proposed modifications, which included the reduction in overall building height from 103 to 91 feet; revising the parcel map to create four (4) lots instead of five (5); and reduce the square footage of the office building from 125.000 to 102,243,5 square feet, The comments by the Pre- DRC included the following; 1. Traffic Impacts 2. Phasing 3. Building Height Subsequent to the Pre-DRC meeting, Staff met with the applicant to discuss the appropriate land use applications that had to be filed in order to pursue the proposed building height of 91 feet, in which it was determined by the Planning Staff that an Ordinance Amendment request and a Change of Zone application is required. STAFFRPT\PP31~ 3 On November 21, 1990, Plot Plan No. 34, Tentative Parcel Map No. 25059, and Change of Zone Nos. 6 and 7 were reviewed by the Formal Development Review Committee (DRC); and, it was determined that the project, as designed, can be adequately conditioned to mitigate the DRC's concerns. PROJECT DESCRIPTION: Project PLOT PLAN NO. 3q is a proposal to develop the subject 5.51 acre site with a 276,312.5 square foot office/restaurant center, as follows: Building "A" - Restaurant Building "B" - Restaurant Building "C" - Office Building "D" - Parking 7,000 sq. ft. 7,872 sq. ft. 102,243.5 sq. ft. 134,933 sq. ft. With the exception of the proposed building height (Building "C" - 91 feet), which is requested under Change of Zone Nos, 6 and 7. the proposed development has been designed in accordance with the standards for the I-P (Industrial Park) zone. TENTATIVE PARCEL MAP NO. 25059 is a proposal to subdivide the subject 5.51 acre site into four {q) industrial lots, as follows: Parcel 1 ( Building "A") Parcel 2 (Building "B" ) Parcel 3 ( Building "C") Parcel 4 (Common Lot) 7,000 sq. ft. 8,160 sq.ft. 17,500 sq.ft. 203,380 sq.ft. It has been noted that Parcels 1-3 are the proposed building lines for Buildings A-C respectively and parcel 4 will be the common area that will contain the landscaping, parking, and parking structure which will be maintained through the CCSR's. The proposed subdivision has been designed in accordance with Riverside County Ordinances Nos. 348 and 460 as well as the Subdivision Map Act. ANALYSIS: Traffic Impacts The Transportation Engineering Staff has reviewed and accepted the findings and mitigation measures as specified in the Traffic Impact Analysis prepared STAFFRPT\PP34 4 for Tentative Parcel Map No. 25059 and Plot Plan No. 34; and has determined that the proposed project will have an impact to the existing road system. However, 9iven the proposed miti9ation measures, there will be no adverse unmitigable significant traffic impacts resulting from the development of this proposed project. Access and Circulation Access into the proposed development from Ridge Park Drive is provided by the proposed construction of a forty 140') foot wide private driveway, which is shared by the subject project and the adjacent project to the south ~ PM No. 25037 ) which is currently under construction. It has been noted that this private driveway will have a reciprocal ingress/egress easement. Internal, twenty-four (24') and twenty-six (26') foot wide, driveways will provide access through the project site and to the required off-street parking areas. Both the Engineering and Traffic Engineering Staff, as well as the Planning Department Staff, have determined that the applicant's proposed access and circulation are acceptable. Parkinq As submitted, the applicant has provided the following parking detail: BUILDING Dining Area 3,000/45 = Employees 10/2 = (Equals 72 Spaces x 3 = 216 Seats) 67 5 BUILDING Dining Area 4,000/45 = Employees 10/2 = (Equals 94 Spaces x 3 = 282 Seats) 89 5 BUILDING "C~' Office (Leasable 78,976/200 = 395 Total Parking 561 STAFFRPT\PP34 5 The following spaces have been shown on the site plan: ON GRADE Standard 136 Compact 17 PARKING STRUCTURE Standard 418 Compact 0 Total Parking Shown 571 The proposed five hundred, seventy-one (571) parking spaces complies with the parking requirements for office and restaurant uses under the Development Code ( Section 18.12 ). Gradinq and Landform Alteration The project site was previously mass graded under the approval (by the County) for Parcel Map No. 23968. The proposed project involves minor grading which is needed to create the building pads, minor contouring and drainage patterns. The conceptual grading plan for the project was reviewed and approved by the City Engineer and the Conditions of Approval include mitigation measures in regards to grading. Hydroloqy The Engineering Staff has reviewed and accepted the drainage study prepared for Tentative Parcel Map No. 25059 and Plot Plan No. 34; and has determined that the proposed mitigation measures I Conditions of Approval) will provide for no adverse unmitigable significant hydrology impacts resulting from the development of this proposed project. STAFFRPT\PP34 6 Drainaqe The proposed project is designed to drain towards Ridge Park Drive and northerly to Rancho California Road. Appropriate drainage control devices will have to be approved by the City Engineer and designed in accordance with City and Riverside County Flood Control District Standards and Conditions of Approval. In addition, in order to mitigate the downstream impacts brought about by surface runoff and the proposed drainage facilities, the project will be required to pay an Area Drainage Plan fee which has been included as a Condition of Approval. Landscape Landscaping is provided throughout the site, in which the proposed 37% landscaping for the site exceeds the requirements under the Development Code. In addition, a detailed landscape plan will be submitted for approval by the Planning Department prior to the issuance of building permits. Project Desiqn a. Building Under this proposal, Building "A" is a building pad only for the future development of a 7,000 square foot restaurant. Therefore, a separate plot plan application will be required prior to the issuance of building permits for Building "A". b. Building "B" This building is proposed as a 7,872 square foot, single-story (18 feet high), restaurant {Yamazato of Japan). The building design incorporates a Japanese architectural theme that features a tile roof with a blue ceramic finish; posts, beams and fascias with a walnut stain; and stuccoed walls with a beige {with a pink tint) finish. c. Building "C" The proposed 102,2q3.5 square foot, ninety-one { 91~) foot high, office building contains seven { 7) STAFFRPT\PP3~ 7 stories, as follows: Gross Lease Area Space Ground Level 15,241 10,950 Second Level 14,828 11,678 Third Level 15,808 12,615 Fourth Level 15,358 12,203 Fifth Level 15,358 12,187 Sixth Level 15,133 11,900 Seventh Level 10, 517.5 7,443 Total Square Footage 102,243.5 78,976 The contemporary architectural building design utilizes various building surface levels and angles, and features the following materials: 2. 3. 4. 5. Jade Green Granite Green Monolithic Glazing Greylite (Black) Glazing Clear Glazing Mirrored Finish Stainless Steel Storefront Buildinq Heiqht As previously mentioned, the building height of Building "C" is requested under the following two ( 2 ) applications: Change of Zone No. 6 is a request to permit an increase in building height from fifty {50') feet to the proposed ninety-one 191') feet. According to Section 10.4(b) of the Zoning Ordinance, "The maximum height of all structures, including buildings, shall be 35 feet at the yard setback line. Any portion of a structure that exceeds 35 feet in height shall be set back from each yard setback line not less than 2'feet for each 1 foot in height that is in excess of 35 feet. All buildinqs and structures shall not exceed 50 feet in heiqht, unless a heiqht up to 75 feet for buildinqs or 105 feet for other structures is specifically permitted under the provisions of Section 18.34 of this ordinance." Correspondingly, Section 18.3~ states that an application for a zone change may request a greater height limit in accordance with the limitations of the zoning classification, which in this case is seventy- STAFFRPT\PP3Z~ 8 five (75') feet. Literal interpretation of the zoning ordinance would limit the overall building height to one hundred, five [ 105') feet, in which the occupied area could not be above the seventy-five (75') foot elevation. The area between 75 feet and 105 feet must be for mechanical equipment purposes, or in this case, the area between 75 feet and 91 feet. Therefore, the applicant has filed Change of Zone No. 7. Change of Zone No. 7 is a request to amend Section 10.~{b) as follows: " .... All buildings and structures shall not exceed 50 feet in height, unless a height up to 105 feet for buildings and/or structures is specifically permitted under the provisions of Section 18.3tt of this ordinance." As presently written, the zoning ordinance makes a distinction between buildings I habitable and/or leasable areas) and structures {for mechanical equipment). An approval of the requested amendment of Section 10.~(b) would change this requirement to permit a maximum height of up to 105 feet for buildings and/or structures. It should be noted that since the applicant's request is to amend the actual ordinance, this change would affect all properties with the I-P (Industrial Park) zoning designation within the City of Temecula. It should be noted that all projects within the I-P ( Industrial Park) zone that request a building/structure height above 50 feet would still be required to file a Change of Zone application similar to Change of Zone No. 6. d. Parking Structure The proposed 13~,933 square foot, 33 feet 6 inch ( 33'6" ) high, parking structure contains four levels of parking, as follows: Ground Level 58 Second Level 127 Third Level 107 Fourth level 128 Total Parking Spaces 418 STAFFRPT\PP3L~ 9 The rectangularly shaped structure utilizes concrete walls with the following painted finish: Green Luster No. 1H7P by Ameritone Green Stone No. IM58D by Ameritone. GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: The proposed project is consistent with the SWAP land use designation of Restricted Light Industrial, which includes office and restaurant uses. Staff finds it probable that this project will be consistent with the new General Plan when it is adopted. Policy Although the Planning Department Staff is recommending approval of this project. Staff is of the opinion that a policy statement relative to an interim policy in regards to building/structure height limitations should be established until the City adopts a General Plan. An Initial Study was performed for this project which determined that although the proposed project could have a significant effect on the environment, no significant impact would result to the natural or built environment in the City because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration has been recommended for adoption. Chanqe of Zone No. 7 There is a reasonable probability that Change of Zone No. 7 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the subject request involves an amendment to Section 10.qlb) of the Zoning Ordinance, which pertains to building height within the I-P {industrial Park) zone, which may be consistent with the goals and/or policies of the City's future General Plan· STAFF R PT\ PP3~ 10 e There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed amendment (Change of Zone) is ultimately inconsistent with the plan, due to the fact that such an amendment, if deemed inconsistent with the plan, may cause all properties within the I-P (Industrial Park) zone to be inconsistent with the plan. Therefore, it is likely that the City will consider this amendment during their preparation of the General Plan. ChanqeofZone No. 6 There is a reasonable probability that Change of Zone No. 6 will be consistent with the City~s future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the subject request is consistent with the limitations of the zoning ordinance in which structures of up to 105 feet are permitted and since Change of Zone No. 7, which is a request to amend Section 10.~lb) of the zoning ordinance, is recommended for approval. e There is not a likely probability of substantial detriment to or interference with the future General Plan, if Change of Zone No. 6 is ultimately inconsistent with the plan, due to the fact that an approval of such a building height within the I-P (Industrial Park) zone may be consistent with the goals and/or policies of the City~s future General Plan. The project is compatible with surrounding land uses'. Although the harmony in scale, bulk, and height creates an incompatible physical relationship with adjoining properties, due to the fact that the adjoining developments do not exceed two stories in height, the proposed project is consistent with the zoning ordinance. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present STAFFRPT\PP31~ 11 or planned land use of the area, due to the fact that the proposed height is consistent with the zoning ordinance. Plot Plan No. 34 There is a reasonable probability that Plot Plan No. 34 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the proposed building height is consistent with the zoning ordinance; and Change of Zone Nos. 6 and 7 are recommended for approval. There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed use is ultimately inconsistent with the plan, due to the fact that an approval of such a building height within the I-P (Industrial Park) zone may be consistent with the goals and/or policies of the City's Future General Plan. e The proposed use or action complies with State planning and zoning laws, due to the fact that the proposed project may be consistent with the City's future General Plan. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use, since the proposed building height of ninety-one (91~) feet does not comply with Section 10.L~(b) of the zoning ordinance, as amended. The project as designed and conditioned will not adversely affect the public health or welfare, due to the fact that the proposed project may be consistent with the City's future General Plan. e The project is compatible with surrounding land uses. The harmony in scale, bulk, and height creates an incompatible physical relationship with adjoining properties, due to the fact that the adjoining developments do not exceed two stories in height; and the STAFFRPT\PP3~ 12 subject property is located on a major topographic feature, within the City of Temecula, which is a very prominent hillside and is a visual feature from 1-15, which is a scenic corridor through the City. However, the project is consistent with the zoning ordinance. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area, due to the fact that the proposed height is consistent with the zoning ordinance. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic. o The project as designed and conditioned will not adversely affect the built or natural environment as determined in the expanded initial study performed for this project. due to the fact that the proposed project is compatible with the surrounding land uses. 10. The design of the project and the type of improvements are such that they are not in conflict with easements for access through or use of the property within the proposed project. 11. That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. Tentative Parcel Ma13 No. 25059 There is a reasonable probability that Tentative Parcel Map No. 25059 will be consistent with the City's future General Plan, which will be completed within a reasonable time in accordance with State Law. There is not a likely probability of substantial detriment to or interference with the future and adopted General Plan, if the proposed use or action is ultimately inconsistent with the plan. STAFFRPT\PP3~ 13 o The proposed use or action complies with State planning and zoning laws. The site is suitable to accommodate the proposed land use'in terms of the circulation patterns, access, and density. The project as designed and conditioned will not adversely affect the public health or welfare. e 10. 11. Tentative Parcel Map No. 25059 is compatible with surrounding land uses. The harmony in scale, bulk, height, density, and coverage is likely to create a compatible physical relationship with adjoining properties. The proposal will not have an adverse affect on surrounding property, because it does not represent a significant change to the present or planned land use of the area. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Initial Study for this project. That said findings are supported by minutes, maps, exhibits, and environmental documents associated with this application are herein incorporated by reference. The project will not have a significant adverse impact on the environment in that Stephen's Kangaroo Rat Habitat Conservation fees are required and archaeological resources are not likely to be found at the site. The project will not be detrimental to human health or safety in that drainage and flood control measures must be approved by FEMA prior to map recordation, and the potential for liquefaction, differential subsidence, and surface fissuring at the site are very low. A soils report must be submitted to the Building and Safety Department addressing soil STAFFRPT\PP34 14 stability and geological conditions. STAFF RECOMMENDATION: Based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval, the Planning Department Staff recommends that the Planning Commission forward the following recommendations to the City Council: ADOPT the Negative Declaration for Plot Plan No. 34, Tentative Parcel Map No. 25059, and Change of Zone Nos. 6 and 7; 2. ADOPT Resolution No. 90- approving Change of Zone No. 7; 3. ADOPT Resolution No. 90- approving Change of Zone No. 6; ADOPT Resolution No. 90- approving Plot Plan No. 34; and e ADOPT Resolution No. 90- approving Tentative Parcel Map No. 25059. OM: ks Attachments: 2. 3. 4. 5. 6. 7. 8. Resolution I Change of Zone No. 7) Resolution I Change of Zone No. 6) Resolution I PIot Plan No. 34) Conditions of Approval (Plot Plan 34) Resolution (Tentative Parcel Map No. 25059) Conditions of Approval (Tentative Parcel Map No. 25059) Environmental Assessment Exhibits A. Site Plan B. Floor Plans C. Exterior,Elevations Large Scale Plans STAFFRPT\PP34 15 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY II Backqround 1. Name of Proponent: Preferred Equities Address and Phone Number of Proponent: 285J45 Felix Valdez, B-3, Temecula, CA (714) 694-0767 Date of Environmental Assessment: November 20, 1990 4. Agency Requiring Assessment: CITY OF TEMECULA Name of Proposal, if applicable: Plot Plan No. 34; Tentative Parcel Map No. 25059; Chanqe of Zone Nos. 6 & 7 6. Location of Proposal: Ridqe Park Drive, south of Rancho California Road Environmental Impacts ( Explanations of all answers are provided on attached sheets. ) Yes Maybe No 1. Earth. Will the proposal result in: Unstable earth conditions or in changes in geologic substructuresT X be Disruptions, displacements. compac- tion or overcovering of the soil? X Substantial change in topography or ground surface relief featuresT X de The destruction, covering or modi- fication of any unique geologic or physical features? X ee Any substantial increase in wind or water erosion of soils, either on or off site? X STAFFRPT\PP34 1 e e fe Changes in deposition or erosion of beach sands, or changes in siltation. deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure. or similar hazards? Air. Will the proposal result in: ao Substantial air emissions or deterioration of ambient air quality? be The creation of objectionable odors? Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? Water. Will the proposal result in: ae Substantial changes in currents, or the course or direction of water movements, in either marine or fresh watersT bo Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Alterations to the course or flow of flood waters? de Change in the amount of surface water in any water body? ee Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? fe Alteration of the direction or rate of flow or ground waters? Yes X X X X Maybe X X No X X X X X STAFFRPT\PP3q 2 Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? ho Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flood- ing or tidal waves? Plant Life. Will the proposal result in: Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Reduction of the numbers of any unique, rare, or endangered species of plants? Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Substantial reduction in acreage of any agricultural crop? Animal Life. Will the proposal result in: Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects)? Reduction of the numbers of any unique, rare or endangered species of animals? Ce Deterioration to existing fish or wildlife habitat? Yes X X Maybe X X No X X X X X X STAFFRPT\PP3~ 3 Yes Maybe No o 10. 11. 12. 13. Noise. Will the proposal result in: a. Increases in existing noise levels? be Exposure of people to severe noise levels? Light and Glare. Will the proposal produce substantial new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: Substantial increase in the rate of use of any natural resources? be Substantial depletion of any non- renewable natural resource? Risk of Upset. Will the proposal involve: ae A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? be Possible interference with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? X X X X X X X X X X X STAFFRPT\PP3~ ~ Yes Maybe No 15, 16, be Effects on existing parking facili- ties, or demand for new parking? Substantial impact upon existing transportation systems? de Alterations to present patterns of circulation or movement of people and/or goods? ee Alterations to waterborne, rail or air traffic? fe Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? de Parks or other recreational facilities? ee Maintenance of public facilities, including roads? f. Other governmental services: Energy. Will the proposal result in: Use of substantial amounts of fuel or energy? be Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? X X X X X X X X X X X X X STAFFRPT\PP3~ 5 Yes Maybe No 17. 18. 19. 20. b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? Human Health. Will the proposal result in: ae Creation of any health hazard or potential health hazard {excluding mental health) ? be Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Cultural Resources. ae Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? de Will the proposal restrict existing religious or sacred uses within the potential impact area? X X X X X X X X X X X X X STAFFRPT\PP34 6 Yes Maybe No 21. Mandatory Findings of Significance. ae Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? be Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future. ) Ce Does the project have impacts which are individually limited, but cumu- latively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant. ) de Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? X X X X STAFFRPT\PP3~ 7 III Discussion of the Environmental Evaluation Earth oao 1.b. .8. 1of. 1 .go No. The project site was previously graded as part of a mass grading effort. There will be grading for this project in order to create the drainage patterns and building pads. A conceptual grading plan for the project was approved by the City Engineer and designed in accordance with Temecula's standards and the Conditions of Approval. Therefore, the project will not create an unstable earth condition or change the geologic substructure. Yes. All development disrupts the soil profile to some degree and results in soil displacement, compaction and overcovering. However, this impact is not considered significant, due to the fact that the Conditions of Approval include mitigation measures in regards to all grading. Yes. The project site is located within a significant hillside area of Temecula. The site was previously mass graded which involved a substantial amount of cut and fill resulting in a change in topography. Some grading will still have to occur but will involve minor cut and fill slopes. All grading on the site will have to meet the requirements of the City's Engineer and shall be sensitive to the surrounding topography. Therefore, this impact is not considered significant. Maybe. Wind and water erosion potentials will increase during the construction phase and remain high until disturbed areas are replanted. The wind erosion impact is considered high and significant but will be mitigated through minimal grading, retention of natural vegetation whenever feasible, and use of watering trucks and hydro- seeding disturbed areas after grading. After construction of the project, water run-off is likely to increase due to the addition of impermeable surfaces. Appropriate drainage control devices will have to be approved through the Engineering Department and will have to be designed in accordance with Temecula's standards and the conditions of approval. Maybe. The subject site is not located immediately near any channel, lake or ocean that would be impacted by deposition or erosion. Murrieta Creek is the closest body of intermittent water and it is located approximately a half a mile to the east of the project site. However, this impact is not considered significant since the Conditions of Approval include mitigation measures in regards to drainage. Yes. The subject site is located within an area designated for subsidence, liquefaction and county fault hazard zone according to the Riverside County General Plan Geologic Hazard Map. A geologic study should be conducted to address this issue, and should be prepared STAFFRPT\PP3~ 8 Air 2.b,c. Water 3.a,d. 3oC. prior to any construction on the property. The study should recommend the necessary mitigation measures to limit the exposure of people or property to geologic hazard. Therefore, this impact is not considered significant since the Conditions of Approval include mitigation measures in regards to geology. Maybe. The proposed project consisting of approximately 14,872 square feet of restaurant space and approximately 102,243 square feet of office space will generate an increase in vehicle trips to the site. The increased vehicle trips will increase the carbon monoxide emissions and particulates in the area. However, since the ambient air quality in the project vicinity is currently very good due to the local wind patterns, this potential impact is not considered significant. The proposed project will not by itself deteriorate the local area's or regional air quality, but will add to the cumulative impact on air quality due to the substantial growth in the area. This impact is not considered significant. No. The proposed project will not create any objectionable odors or alter the area's climate. No. The proposed project will not impact any body of water. Yes. The proposed project will increase the amount of impermeable surfaces on the site and the existing drainage pattern will be altered. However, water will be channeled to drainage easements and streets through drainage facilities and control devices which will have to be approved by the City Engineer and designed in accordance with Temecula's Standards and the Conditions of Approval. Therefore, this impact is not considered to be significant since appropriate mitigation measures have been implemented with the project. Yes. Flood waters will continue to be directed to the streets and flood channels. Murrieta Creek may be impacted by the development of this project. However, in order to mitigate the downstream impacts brought about by runoff and the proposed drainage facilities, the Riverside County Flood Control and Water Conservation District {the District) has indicated that the project will be required to pay a flood mitigation charge {Area Drainage Plan fee), which has been included as a Condition of Approval. Therefore, this impact is not considered to be significant since appropriate mitigation measures have been implemented with the project. Drainage plans for the site will have to meet the requirements of the City's Engineer. STAFFRPT\PP3~ 9 Veqetation ~4,a,c. Wildlife 5.a,c. 5.b. Yes. During construction, the proposed project will increase turbidity in local surface waters. This impact is temporary and is not considered significant. After the project is completed, water will be channeled to drainage easements and streets, which will have to be approved by the City Engineer. Therefore, this impact is not considered to be significant since appropriate mitigation measures have been implemented with the project. No. The proposed project will not alter the rate of flow of ground water. No. Although the proposed project will increase the amount of impermeable surfaces on the site, the addition of irrigation for the landscape areas will help to off-set any loss of water absorbed into the ground; however, drainage patterns will flow to the streets and water channels. Therefore, this impact is not considered significant. No. The proposed project will not significantly affect the public water supply. Maybe. Conditions of Approval are included for this project which require proper design and installation of drainage conveyance devices. Therefore, this impact is not considered to be significant since appropriate mitigation measures have been implemented with the project. Yes. The proposed project involves a mass grading of the subject site which will eliminate all of the existing native plants; and the proposal includes landscaping and erosion control which will be designed to City standards. Therefore, this impact is not considered to be significant since appropriate mitigation measures have been implemented with the project. No. No sensitive vegetational associations or species were identified on-site. No. No agricultural production occurred on-site. No. Maybe. A survey for Stephen's Kangaroo Rat prepared for this project analyzed biologic resources on-site. In that no individuals of the Stephenis Kangaroo Rat were found there is no occupied habitat within the bounds of the tract map. Implementation of this project will not result in a taking nor would it result in any adverse effect on the species or $TAFFRPT\PP3q 10 on the species' habitat. In that surrounding lands to the north, south, and west have previously been developed at urban levels of use or are presently being developed at such levels of use, preservation of this site as a reserve is inappropriate. In addition, the site is now isolated from all other known colonies by impassable residential and other barriers and reinvasion of the site is virtually impossible. Implementation of the project as proposed will not have a significant effect and no mitigation other than payment of fees under the Stephenis Kangaroo Rat Fee Ordinance is required. Noise oa. Yes On-site noise levels will increase temporarily during construction. Long-term noise impacts will occur due to increased traffic volumes. This impact is not considered to be significant since the surrounding land uses are not noise sensitive. 6.b. No. Severe noise will not be generated by the proposed project. Liqht and Glare Maybe. The proposed project is located within the Mt. Palomar observatory Street Lighting Policy Area which recommends the use of low pressure sodium vapor (LPSV) lights to help avoid interference with the Mr. Palomar telescope known as "skyglow". The use of LPSV lights will reduce the light and glare produced by the proposed project. In addition, all lights shall be directed on-site and not off-site. In regards to the potential glare that may be created due to the proposed exterior material, which in this case is glass, it has been determined that although the glazing is non-reflective, there may be more glare created by this project (specifically the proposed seven story building) than a project which utilizes a lesser amount of glazing. However, this impact is not considered to be significant. Land Use Maybe. The Southwest Area Plan designates the subject site for Restricted Light Industrial and the surrounding land uses are light industrial. The restaurant and office space are not industrial uses but are allowed in an industrial area since they are support and compatible uses. The proposed subdivision of land may result in land locked parcels. Direct access from Ridge Park Drive is only provided to Parcel No. ~. However, an access agreement between parcels be provided as part of the project approval. Therefore, this impact is not considered significant. STAFFRPT\PP3~ 11 Natural Resources 9.a,b. No. The proposed office building and restaurant space will not increase the consumption rate of any natural or non-renewable natural resource. Risk of Upset 10.a. No. The proposed land uses will not involve the use of hazardous materials. 10.b. Maybe. During construction, the project may require the closure of one lane on Kathleen Road which may inhibit the response of an emergency vehicle. Coordination shall occur during construction with police and fire in regards to streetJlane closures. Population 11. Maybe. The proposed office building and restaurants will generate new jobs which will bring some new people to the area and increase the local population. However, since the expansion will also provide jobs for people who already live in the Temecula area, the increase in population may not be significant. If the applicant has a tenant secured for the office building, these plans should be made known to the City to determine if the tenant will be considered a major employer and analyze the potential impacts. Housinq 12. Maybe. The increase in population that might be generated by the new jobs may also cause a demand for additional housing. However, this demand will depend on the number of new employees that will be moving to the Temecula area versus the number of new employees which will already live in Temecula, and upon the vacancy rate at the time of employment. Transportation/Circulation 13.a,c,f. Yes. The proposed project will generate a substantial amount of vehicle traffic to the site. This impact is considered significant due to the current traffic problems which exist in the vicinity of the site, including the 1-15/Rancho California Road interchange. This interchange is currently operating at capacity during peak hours. Widening of the bridge and ramp improvements have been proposed but the timing of the improvements are uncertain and may not correspond with the proposed development. To help mitigate the traffic impacts of the proposed project, the project shall be subject to the measures outlined in Section 8 of the subject traffic study. In addition, the project should contribute to the improvements made to the Rancho California Road/I-15 interchange through the payment of mitigation fees. STAFFRPT\PP34 12 An increase in vehicle traffic, increases the potential for traffic hazards. If a tenant with over 100 employees occupies the office building, a Transportation Management Plan shall be implemented to help achieve LOS C/D. The Southwest Area Plan recommends Transportation Management Plans for projects defined as major employers. The Transportation Management Plan shall be approved by the City prior to the issuance of building permits. 13.b. No. Since the site is currently vacant, there are no parking spaces. Parking shall be provided. The project shall be required to meet the parking requirement of the adopted City code. 13.d. Yes. By increasing the areas employment, the proposed project will also affect the amount of vehicles on the area's roads. This will impact the way people and goods are circulated through the City. This impact is considered positive. 13.e. No. The proposed project will not affect waterborne, rail or air traffic. Public Services 14.a-f. No. The proposed seven story office building and restaurants will require public services in the areas of police, fire and maintenance of roads and public facilities. This impact is not considered significant. The incremental impact should be evaluated and the appropriate fees assessed. Property taxes should mitigate the impact and continuing need for services over the long term. Enerqy 15.a,b. No. The proposed project will not result in the substantial use or increase in demand of fuel or energy. Utilities 16.a-f. No. The proposed project requires the use of utilities but will not require substantial alteration to the existing systems. Human Health 17.a,b. No. The proposed project will not involve the use of any hazardous materials. However, it should be noted that the closed system environment of the office may expose people to health hazards due to fumes and poor ventilation. This potential impact should be addressed in the design of the building. STAFFRPT\PP3~ 13 Aesthetics 18. Maybe. The project site is located on a major topographic feature within the City of Temecula. The hillside is very prominent and is a visual feature from 1-15 which is a scenic corridor through the City. The view from 1-15 is often the first impression of Temecula for many people. A seven story building on this site may have a significant visual impact on the hillside. To determine the extent of the visual impact, a visual analysis shall be conducted illustrating the view from 1-15 in relationship to the surrounding buildings and hillside. Attention should be given to height, bulk, and color. Recreation 19. No. The subject site is not currently used for recreational uses. Cultural Resources 20.a-d. No. The subject site is located in an area of paleontolocjical sensitivity as designated by the Southwest Area Plan but was disturbed when the existing site was mass graded. It is not anticipated that the proposed project will impact any cultural resource. -Mandatory Findinqs of Siqnificance 21 .a. Maybe. The proposed project may have a significant impact on plant or wildlife species. However, the project is located within an area designated by the Riverside County as habitat for the endangered Stephen's Kangaroo Rat, the project will be subject to mitigation fees for the Stepben's Kangaroo Rat Habitat Conservation Plan. In addition, during grading activities, a qualified paleontologist shall be present. 21 .b. Maybe. The proposed project may have the potential to achieve short- term, to the disadvantage of long-term, environmental goals. However, no significant impacts will occur if the mitigation measures are followed. 21 .c. Maybe. The proposed project may have impacts which are individually limited or cumulatively considerable which may have environmental effects. Mitigation measures recommended by an approved traffic study will help to reduce the traffic impacts of the project. If the office tenant is a major employer with over 100 employees, an adopted Transportation Management Plan will also help. The project should contribute in paying mitigation fees to help improve the Rancho California Road/I-IS interchange and to install a signal at Rancho California Road and Kathleen Road. However, no significant impacts will occur if the mitigation measures are followed. STAFFRPT\PP3q 14 21 .d. Maybe. The proposed project will not have impacts which will cause substantial adverse effects on human beings, either directly or indirectly. Visual impacts may have long term effects since the project is located within view of the 1-15 scenic corridor of the City. A visual impact analysis is necessary to illustrate the view from 1-15 and the proposed buildingis relationship with the surrounding buildings and environment. To avoid land locking any of the proposed parcels, an access agreement shall be adopted as part of the approval process. STAFFRPT\PP34 15 ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ficant effect on the environment, there will not be a signi- ficant effect on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPAC~I~EPORT is required. November 20, 1990 ~LA Date YO~F For CIT TEMEC X STAFFRPT\PP3~ 16 RESOLUTION NO. 90- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF CHANCE OF ZONE NO. 7 TO AMEND ORDINANCE NO. 3q8, SECTION 10.q(b), TO INCREASE THE MAXIMUM HEIGHT PERMITTED, WITHIN THE I-P (INDUSTRIAL PARK) ZONE. WHEREAS, Preferred Equities filed Change of Zone No. 7 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Change of Zone application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Change of Zone on December 17, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Change of Zone; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findinqs. makes the following findings: That the Temecula Planning Commission hereby A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty 130) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: {1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: (a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. STAFFRPT\PP3~ 1 There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. {C) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, {hereinafter "SWAP" ) was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The Planning Commission in recommending approval of the proposed Change of Zone, makes the following findings, to wit: a) There is a reasonable probability that Change of Zone No. 7 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the subject request involves an amendment to Section 10.L~(b) of the Zoning Ordinance, which pertains to building height within the I-P {industrial Park) zone, which may be consistent with the goals and/or policies of the City~s future General Plan. b) There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed amendment {Change of Zone) is ultimately inconsistent with the plan, due to the fact that such an amendment, if deemed inconsistent with the plan, may cause all properties within the I-P (Industrial Park) zone to be inconsistent with the plan. Therefore, it is likely that the City will consider this amendment during their preparation of the General Plan. D. The Change of Zone is compatible with the health, safety and welfare of the community. STAFFRPT\PP3~ 2 SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Recommendation. That the City of Temecula Planning Commission hereby recommends approval of Change of Zone No. 7 to amend Ordinance No. 3~8, Section 10.~(b), to increase the maximum height permitted within the I-P (Industrial Park) zone, abo~/e 75 feet to 105 feet. PASSED, APPROVED AND ADOPTED this 17th day of December, 1990. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 17th day of December, 1990 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS STAFFRPT\PP3~ 3 APPLICANT'S ACKNOWLEDGMENT I have read, understand and accept the conditions for approval set forth herein above in this Resolution of approval for Change of Zone No. 7. DATED: By Nallle Title FORMS\R ES-TM. PC ~ The overall development of the land is designed for the protection of the public health, safety and general welfare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property. ( 2 ) The Planning Commission, in recommending approval of the proposed Plot Plan, makes the following findings, to wit: a) There is a reasonable probability that Plot Plan No. 3L~ will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the proposed building height is consistent with the zoning ordinance; and Change of Zone Nos. 6 and 7 are recommended for approval. b) There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed use is ultimately inconsistent with the plan, due to the fact that an approval of such a building height within the I-P (Industrial Park ) zone may be consistent with the goals and/or policies of the City~s Future General Plan. c) The proposed use or action complies with State planning and zoning laws, due to the fact that the proposed project may be consistent with the City~s future General Plan. d) The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use, since the proposed building height of ninety-one { 91 ~ ) feet does not comply with Section 10 .~|b) of the zoning ordinance, as amended. e) The project as designed and conditioned will not adversely affect the public health or welfare, due to the fact that the proposed project may be consistent with the City~s future General Plan. STAFFRPT\PP3~ 3 (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Plot Plan is consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: (1) The City is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in recommending approval of projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that Plot Plan No. 3L) proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 18.30(c), no plot plan may be approved unless the following findings can be made: a) The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. STAFFRPT\PP34 2 SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Plot Plan No. 3~ to construct a 276,312.5 square foot office/restaurant development containing one ( 1 ) seven-story office building ( 102, 2L~3 square feet and 91 feet high); one (1) 7,872 square foot restaurant; one (1) four-story parking structure (13~,933 square feet and ~18 parking spaces); and a future building pad only for a proposed 7,000 square foot restaurant on a 5.51 acre site located on Ridge Park Drive and known as Assessor's Parcel Nos. 9q4)-310-033,03LL and 037 subject to the following conditions: A. Exhibit A, attached hereto. SECTION ~. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 17th day of December, 1990. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 17th day of December, 1990 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS STAFFRPT\PP3~4 5 f) The project is compatible with surrounding land uses. The harmony in scale, bulk, and height creates an incompatible physical relationship with adjoining properties, due to the fact that the adjoining developments do not exceed two stories in height; and the subject property is located on a major topographic feature, within the City of Temecula, which is a very prominent hillside and is a visual feature from 1-15, which is a scenic corridor through the City. However, the project is consistent with the zoning ordinance. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area, due to the fact that the proposed height is consistent with the zoning ordinance. h) The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the expanded initial study performed for this project, due to the fact that the proposed project is compatible with the surrounding land uses. j) The design of the project and the type of improvements are such that they are not in conflict with easements for access through or use of the property within the proposed project. k) That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. E. As conditioned pursuant to SECTION 3, the Plot Plan proposed conforms to the logical development of its proposed site, and ~s compatible with the present and future development of the surrounding property. STAFFRPT\PP3~ ~ CITY OF TEMECULA CONDITIONS OF APPROVAL Plot Plan No: 34 Project Description: 276,312.5 Square Foot Office/Restaurant Development Assessor's Parcel Nos.: 940-310-033, 034, and 037 Planninq Department The use hereby permitted by this plot plan is for the development of a 276,312.5 square foot office/restaurant development containing one ( 1 ) seven ( 7 ) story office building ( 102.000 square feet and 91 feet high ); one ( 1 ) 7.872 square foot restaurant; one (1) four (4) story parking structure (134,933 square feet); and a future building pad only for a proposed 7,000 square foot restaurant on a 5.51 acre site. The permittee shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claims, action, or proceeding against the City of Temecula or its agents, officers. or employees to attack, set aside, void, or annul, an approval of the City of Temecula, its advisory agencies, appeal boards, or legislative body concerning Plot Plan No. 34. The City of Temecula will promptly notify the permittee of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not. thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. This approval shall be used within two (2) years of approval date; otherwise, it shall become null and void· By use is meant the baginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion, or the baginning of substantial utilization contemplated by this approval. This approval shall expire on December 17, 1992. · The development of the premises shall conform substantially with that as shown on Plot Plan No. 3z~ marked Exhibit A, or as amended by these conditions. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-d-way. The applicant shall comply with the Engineering Department~s Conditions of Approval which are included herein. STAFFRPT\PP3~ 1 APPLICANT'S ACKNOWLEDGMENT I have read, understand and accept the conditions for approval set forth herein above in this Resolution of approval for Plot Plan No. 3~. DATED: By Name Title STAFFRPT\PP3~ 6 12. 13. 15. 16. 17. 18. 19. 20. 21. 22. Prior to the issuance of building permits, the following additional plans shall be submitted for Planning Department approval: Landscaping, Irrigation, and Shading Plans. A Plot Plan application for a Sign Program shall be submitted and approved by the Planning Director prior to occupancy. Building elevations shall be in substantial conformance with that shown on Exhibit C. Materials used in the construction of all buildings shall be in substantial conformance with that shown on Exhibit C (Color Elevations) and Exhibit D ( Materials Board ). Roof-mounted equipment for the two (2) proposed restaurants shall be shielded from ground view. Screening material shall be subject to Planning Department approval. No roof-mounted equipment shall be permitted for the proposed seven story office building and four story parking structure within the project site. All trash enclosures shall be constructed prior to the issuance of occupancy -permits. Each enclosure shall be six feet in height and shall be made with masonry block and a steel gate which screens the bins from external view. Landscaping plans shall incorporate the use of specimen canopy trees along streets and within the parking areas. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655. This projec~ is located within a subsidence or liquefaction zone. Prior to issuance of any building permit by the Department of Building and Safety, a California Licensed Soils Engineer or Geologist shall submit a report to the Building and Safety Department identifying the potential for liquefaction or subsidence. Where hazard of liquefaction or subsidence is determined to exist, appropriate mitigation measures must be demonstrated. Prior to the issuance of grading permits, the applicant shall comply with Ordinance No. 663 by paying the fee required by that ordinance which is based on (the gross acreage of the parcels proposed for development) {the number of single family residential units on lots which are a minimum of one- half (1/2) gross acre in size). Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fees required by Ordinance No. 663, the applicant shall pay the fee required under the Habitat Conservation Plan as implemented by County ordinance or resolution. STAFFRPT\PP3~4 3 10. 11. Prior to the issuance of grading or building permits, three (3) copies of a Parking, Landscaping, Irrigation, and Shading Plans shall be submitted to the Planning Department of approval. The location, number, genus, species, and container size of the plants shall be shown. Plans shall meet all requirements of Ordinance No. 3L~8, Section 18.12, and shall be accompanied by the appropriate filing fee. All landscaped areas shall be planted in accordance with approved landscape, irrigation, and shading plans prior to the issuance of occupancy permits. An automatic sprinkler system shall be installed and all landscaped areas shall be maintained in a viable growth condition· Planting within ten ~10) feet of an entry or exit driveway shall not be permitted to grow higher than thirty {30) inches. A minimum of 571 parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 3Lffi. 571 parking spaces shall be provided as shown on the Approved Exhibit B. The parking area shall be surfaced with asphaltic concrete paving to a minimum depth of 3 inches on ~ inches of Class II base. A minimum of 8 handicapped parking spaces shall be provided as shown on Exhibit B. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectori zed sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place. at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephone ." In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. Prior to the issuance of building permits, the applicant shall obtain clearance and/or permits from the following agencies: Planning Department Engineering Department Environmental Health School District Riverside County Flood Control Fire Department. STAFFRPT\PP3~ 2 32. 33. 35. 36. 37. 38. 39. ~0. Provide or show there exists a water system capable of delivering 2000 GPM for a 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. A combination of on-site and off-site super fire hydrants ( 6"x~"x2 1/2x2 1/2 ), will be located not less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design. construction type, area separation or built-in fire protection measures. Install a complete fire sprinkler system in all buildings requiring a fire flow of 1500 C;PM or greater. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building( s) . A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. Install a supervised waterflow monitoring fire alarm system. submitted to the Fire Department for approval prior to required by the Uniform Building Code. Plans must be installation. as A statement that the building will be automatically fire sprinklered must appear on the title page of the building plans. Install panic hardware and exit signs as per Chapter 33 of the Uniform Building Code. Low-level exit signs, where exit signs are required by Section 331~(a). Certain designated areas will be required to be maintained as fire lanes. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact a certified extinguisher company for proper placement of equipment. Prior to issuance of building permits, the applicant/developer shall be responsible to submit a check or money order in the amount of $558.00 to the Riverside County Fire Department for plan check fees. Prior to the issuance of building permits, the developer shall deposit with the Riverside County Fire Department, a check or money order equaling the sum of 25 cents per square foot as mitigation for fire protection impacts. This amount must be submitted separately from the plan check review fee. Building 'lC" must meet highrise life safety requirements per Riverside County Ordinance 5~6, Section 801, parking garage install Class I I I standpipe system. Final conditions will be addressed when building plans are reviewed in the Building and Safety Office. STAFFRPT\PP3~ 5 23. 23 Class I bicycle racks shall be provided in convenient locations as approved by the Planning Director to facilitate bicycle access to the project area. 24. Prior to the issuance of building permits, performance securities, in amounts to be determined by the Director of Building and Safety to guarantee the installation of plantings, walls, and fences in accordance with the approved plan, and adequate maintenance of the Planting for one year, shall be filed with the Department of Building and Safety. 25. Prior to the issuance of occupancy permits, all required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Director of Building and Safety. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 26. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 27. Prior to the sale or lease of any structure as shown on Exhibit D, a land division shall be recorded in accordance with Riverside County Ordinance No. 460 and any other pertinent ordinance. 28. Prior to the issuance of grading permits and/or building permit, the developer or his successor's interest shall submit a mitigation monitoring program which shall describe how compliance with required mitigation measures will be met and the appropriate monitoring timing of the mitigation. The applicant shall reimburse the City for all monitoring activity cost. 29. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 30. 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 at least 120 days prior to submittal for building permit, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required for the improvements. 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 project. Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. Riverside County Fire Department 31. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 546. STAFFRPT\PP34 4 53. A drainage study shall be submitted to and approved by the City Engineer. All drainage facilities shall be installed as required by the City Engineer. All concentrated drainacJe directed toward the public street shall be diverted through the undersidewalk drains. PRIOR TO ISSUANCE OF BUILDING PERMIT: 55. A precise grading plan shall be submitted to the Engineering Department for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 56. Prior to issuance of a building permit, the developer shall deposit with the Engineering Department a cash sum as established per acre as mitigation for traffic signal impact. PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: 57. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. ~61 and as approved by the City Engineer. 58. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Transportation Enqineerinq PRIOR TO ISSUANCE OF BUILDING PERMITS: 59. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the City Engineer for the intersection of Rancho California Road and Ridge Park Drive. 60. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for the intersection of Rancho California Road and Ridge Park Drive. STAFFRPT\PP3~ 7 Enqineerinq Department The following are the Engineering Department Conditions of Approval for this project. and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. It is understood that the Developer correctly shows all existing easements, traveled ways. and drainage courses, and their omission may require the project to be resubmitted for further consideration. PRIOR TO ISSUANCE OF GRADING PERMITS: The developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; and CATV Franchise. The developer shall submit four (4) copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-of- way. If grading is to take place between the months of October and April, erosion control plans will be required. Erosion control plans and notes shall be submitted and approved by the Engineering Department. Prior to any work being performed in public right-d-way, fees shall be paid and an encroachment permit shall be obtained from the City Engineer's Office. 50. The developer shall provide clearance from all applicable agencies and pay all fees prior to the approval of plans. 51. All work done within the City right-of-way shall have an encroachment permit. 52. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. STAFFRPT\PP3~4 6 RESOLUTION NO. 90- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF TENTATIVE PARCEL MAP NO. 25059 TO SUBDIVIDE A 5.51 ACRE PARCEL INTO FOUR {4) PARCELS LOCATED ON RIDGE PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NOS. 940-310-033, 034, AND 037. WHEREAS, Preferred Equities filed Tentative Parcel Map No. 25059 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Parcel Map on December 17, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission .recommended approval of said Parcel Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findinqs. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. ( 2 ) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. STAFFRPT\PP34 1 61. The developer shall contribute his pro rata percentage for the design and construction costs of the signal at Rancho California Road and Ridge Park Drive. 62. The developer may enter into a reimbursement agreement with the City for the remaining percentage of the construction costs, above his pro rate share, for the signal at Rancho California Road and Ridge Park Drive. 63. Credit shall be given toward the developer's signal mitigation fees for the design and construction of the signal at Ridge Park Drive and Rancho California Road. Plans for traffic signal interconnect shall be designed by a registered Civil Engineer and approved by the City Engineer along Rancho California Road from Diaz Road to Ridge Park Drive. 65. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 66. All signing and striping shall be installed per the approved signing and striping plan. '67. 'The traffic signal at Rancho California Road and Ridge Park Drive shall be installed and operational per the special provisions, and the approved traffic signal plan. 68. All traffic signal interconnects shall be installed per the approved plan. STAFFRPT\PP31~ 8 D. (1) Pursuant to Section 7.1 of County Ordinance No. ~60, no subdivision may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c) That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. {2 ) The Planning Commission in recommending approval of the proposed Tentative Parcel Map, makes the following findings, to wit: a) There is a reasonable probability that Tentative Parcel Map No. 25059 will be consistent with the City~s future General STAFFRPT\PP3~ 3 b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. 12 ) The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the fol Iowi ng: a) There is reasonable probability that Parcel Map No. 25059 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is. ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. STAFFRPT\PP3~ 2 control measures must be approved by FEMA prior to map recordation, and the potential for liquefaction, differential subsidence, and surface fissuring at the site are very low. A soils report must be submitted to the Building and Safety Department addressing soil stability and geological conditions. proposed is community. As conditioned pursuant to SECTION 3, the Parcel Map compatible with the health, safety and welfare of the SECTION 2_:. Environmental Compliance. An initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Tentative Parcel Map No. 25059 for the subdivision of a 5.51 acre parcel into four (~) parcels located on Ridge Park Drive and known as Assessor's Parcel Nos. 9~0-310-033, 03~ and 037, subject to the following conditions: A. Exhibit A, attached hereto. PASSED, APPROVED AND ADOPTED this 17th day of December, 1990. DENNIS CHINIAEFF CHA IRMA N I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 17th day of December, 1990 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS STAFFRPT\PP3~ 5 b) c) d) e) f) g) h) i) j) k) Plan, which will be completed within a reasonable time in accordance with State Law. There is not a likely probability of substantial detriment to or interference with the future and adopted General Plan, if the proposed use or action is ultimately inconsistent with the plan. The proposed use or action complies with State planning and zoning laws. The site is suitable to accommodate the proposed land use in terms of the circulation patterns, access. and density. The project as designed and conditioned will not adversely affect the public health or welfare. Tentative Parcel Map No. 25059 is compatible with surrounding land uses. The harmony in scale, bulk, height, density, and coverage is likely to create a compatible physical relationship with adjoining properties. The proposal will not have an adverse affect on surrounding property, because it does not represent a significant change to the present or planned land use of the area. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Initial Study for this project. That said findings are supported by minutes, maps, exhibits, and environmental documents associated with this application are herein incorporated by reference. The project will not have a significant adverse impact on the environment in that Stephen's Kangaroo Rat Habitat Conservation fees are required and archaeological resources are not likely to be found at the site. The project will not be detrimental to human health or safety in that drainage and flood STAFFRPT\PP3~ 4 10. 11. 12. 13. 15. An Association shall be established for maintenance of Lot L~. Open Space/Common Area and the developer/applicant shall pay for all costs relating to establishment of the Property Owners Association. A copy of the final grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: Be limited to a maximum slope ratio of 2 to 1 and a maximum vertical height of thirty (30) feet. Setbacks from top and bottom of slopes shall be a minimum of one-half the slope height. b. Be contour-graded to blend with existing natural contours. c. Be a part of the downhill lot when within or between individual lots. All slopes over three {3) feet in height shall be landscaped and irrigated according to the City Development Code. A detailed landscaping and irrigation plan, prepared by a qualified professional, shall be submitted to the City Planning Department for review and approval prior to issuance of grading permits. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. Lots created by this subdivision shall comply with the following: a® Lots created by this subdivision shall be in conformance with the development standards of the I-P (Industrial Park) zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with .other erosion control measures as approved by the Director of Building and Safety. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. STAFFRPT\PP3~ 2 CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No: 25059 Project Description: Four (4) Lot Industrial Subdivision Assessor's Parcel No.: 940-310-033. 034 and 037 Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule E, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date· This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. The expiration date is December 17, 1992. The final map shall be prepared by a licensed land surveyor subject to all the requirements of the State of California Subdivision Map Act and Ordinance 460· Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a City maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. Easements, when required for roadway slopes, 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 and recorded as directed by the City Engineer. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. STAFFRPT\PP34 1 17. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. 3. Preliminary pad and roadway elevations. Areas of temporary grading outside of a particular phase. All cut slopes located adjacent to ungraded natural terrain and exceeding ten (10) feet in vertical height shall be contour- graded incorporating the following grading techniques: The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. STAFFRPT\PP3~ z~ 16. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: Prior to the issuance of grading permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Landscape screening where required shall be designed to be opaque up to a minimum height of six {6) feet at maturity· All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground· Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, ground cover, shrubs and specimen trees. Front yards shall be landscaped and street trees planted. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. Where street trees cannot be planted within right-d-way of interior streets and project parkways due to insufficient road right-d-way, they shall be planted outside of the road right-d- way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. All existing specimen trees and significant rock outcroppings on the subject property shall be shown on the project's grading plans and shall note those to be removed, relocated and/or retained. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. STAFFRPT\PP3~ 3 for in California Government Code Section 66499. 37 . The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. 22. 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 at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 23. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provided. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Covenants, Conditions and Restrictions/Reciprocal Access Easements: 25. The Covenants, Conditions and Restrictions (CCF, R's) shall be reviewed and approved by the Planning Department prior to final approval of the tract maps. The CCF, R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. 26. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development. such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CCE, R~s which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CCF, R~s shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence STAFFRPT\PP34 6 18. 19. 20. 21. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: Prior to the submittal of building plans to the Department of Building and Safety an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to ~5 Ldn. All building plans for all new structures shall incorporate, all required elements from the subdivision's approved fire protection plan as approved by the County Fire Marshal. Prior to the issuance of building permits, composite landscaping and irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects the tract requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purpose, the heights of all required walls shall be determined by the acoustical study where applicable. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action. or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 25059, which action is brought within the time period provided STAFFRPT\PP3~ 5 32. 33. A declaration of Covenants, Conditions and Restrictions (CCF, R's) shall be prepared by the developer and submitted to the Director of Planning, City Engineer and City Attorney. The CCF, R~s shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City. The CCF, R's shall be reviewed and approved by the City and recorded. The CCSR's shall be subject to the following conditions: a. The CCF, RIs shall be prepared at the developer's sole cost and expense. The CCF, R's shall be in the form and content approved by the Director of Planning, City Engineer and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interest of the City and its residents· The CCF, R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CCF, R's shall provide for the effective establishment, operation, management. use, repair and maintenance of all common areas and facilities. The CCF, R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. The CCF, R~s shall provide that if the property is not maintained in the condition required by the CCF, RIs, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owneris sole expense, any maintenance required thereon by the CCF, R's or the City ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. ~61 and as approved by the City Engineer. Prior to recordation of the final map, th.e developer shall deposit with the Engineering Department a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. STAFFRPT\PP3q 8 of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 27. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either ( 1 ) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 28. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC~,R's. Enqi neeri nq Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. 29. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. 30. The final map shall be prepared by a licensed land surveyor or registered Civil Engineer, subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. ~60. PRIOR TO RECORDATION OF THE FINAL MAP: 31. The developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; and CATV Franchise. CalTrans STAFFRPT\PP3~ 7 44. The traffic signal at Rancho California Road and Ridge Park Drive shall be installed and operational per the special provisions and the approved traffic signal plan. 45. All traffic signal interconnects shall be installed per the approved plan. ST AFFRPT\PP34 10 PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 35. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Transportation Enqineering PRIOR TO RECORDATION: 36. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the City Engineer for the intersection of Rancho California Road and Ridge Park Drive. 37. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for the intersection of Rancho California Road and Ridge Park Drive. 38. Credit shall be given toward the developers signal mitigation fees for the design and construction of the signal at Ridge Park Drive and Rancho California Road. 39. The developer shall contribute his pro rata percentage for the construction ,costs of the signal at Rancho California Road and Ridge Park Drive. 40. The developer may enter into a reimbursement agreement with the City for the remaining percentage of the construction costs, above his pro rata share, for the signal at Rancho California Road and Ridge Park Drive. 41 . Plans for traffic signal interconnect shall be designed by a registered Civil Engineer and approved by the City Engineer along Rancho California Road from Diaz Road to Ridge Park Drive. 42. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 43. All signing and striping shall be installed per the approved signing and striping plan. ST AFFRPT\PP34 9 PLANNING COMMISSION MINUTES DECEMBER 17. 1990 KIRK WILLIAMS advised of the following additional modifications to the Conditions of Approval: Condition No. 60 of the Plot Plan add a sentence to read "Based on the traffic study, these plans shall be designed to provide for three hundred feet of left turn storage capacity on westbound Rancho California Road to southbound Ridge Park Drive."; Condition No. 61 delete "pro rata percentage" and replace with "46%"; and Conditions No. 37 and No. 39 of the Parcel Map are the same as above and will be amended accordingly. COMMISSIONER FAHEY asked if the Commission approved the amendment of Ordinance No. 348, would it apply to just this project or would it apply to all future developments. GARY THORNHILL stated that it would have city wide implications. . CHAIRMAN CHINIAEFF questioned the City Attorney if wanted a variance to the development standards you request a variance to show a reason. " JOHN CAVANAUGH stated that this was correct; however, variances are typically restricted to odd lot sizes and the applicant in this case is requesting an amendment to the zoning ordinance. You would be recommending a policy change. OLIVER MUJICA stated that the application was originally submitted as a plot plan. After staff's review, they came up with the issue of how to get above 75 feet. Staff's interpretation of the zoning ordinance was that any structure above the 75 feet would be for mechanical storage purposes only and looking at the applicant's application, the floor line on the seventh floor is 75 feet. The ordinance reads buildings at 75 feet and structures at 105 feet. COMMISSIONER FAHEY questioned if the fire department could service a structure of this height. OLIVER MUJICA stated that there are specific Conditions of Approval from the fire department. COMMISSIONER HOAGLAND questioned if the reason staff was going for a change in the ordinance was because it was to hard to get a variance. GARY THORNHILL stated that variances were usually handled on a case-by-case basis for which you have to make unique PCMN121790 -14- 12/21/90 PLANNING COMMISSION MINUTES DECEMBER 17. 1990 ~e 7. PLOT PLAN NO. 34 AND TENTATIVE PARCEL MAP NO. 25059 CHANGE CHANGE OF ZONE NO. 6 AND NO. 7 7.1 Proposal to construct one seven-story office building containing 102,243 square feet; one 7,000 square foot restaurant; one 7,872 square foot restaurant; and one four level parking structure containing 134,933 square feet on 5.51 acreas; and change the maximum height limitation contained in the development Standards for the I-P (Industrial Park) zone on this site from 50 to 91 feet; and amend Ordinance No. 348, Section 10.4 (b) to increase the maximum height permitted with the I-P zone, above 75 feet to 105 feet. Located on the Southwest side of Ridge Park Drive, approximately seventy feet east of its intersection with Rancho California Road. OLIVER MUJICA provided the staff report on this item. He advised of the following modifications to the Conditions of Approval: Condition No.7, te read "submitted and approved by the Planning Department"; Condition No. 12 deleted; Condition No. 27, "or lease" deleted, condition to read "Prior to the sale of any structure"; and add a Condition No. 69 to read "Prior to the issuance of building permits, a Certificate of Parcel Merger shall be approved". PCMN121790 -13- 12/21/90 PLANNING COMMISSION MINUTES DECEMBER 17. 1990 COMMISSIONER FAHEY stated then when you look at added floor height rather than mechancial space you have to address the traffic issue and was concerned with setting a precedent and the Commission will have difficulty denying other projects. GARY THORNHILL indicated that he felt if the Commission suggested that the City Council establish some interim language discouraging these types of applications, then there should be no problems in the future. He added that this applicant was just caught in the transition. CHAIRMAN CHINIAEFF asked if the applicant would consider lowering the building one floor. LARRY MARKHAM, Markham & Associates, 41750 Winchester Road, Temecula, stated that with the Bedford building, when they went to the County for their zone change, the County relayed that as long as the maximum floor height was not above 75 feet they did not need to do a zone change. He added that what the applicant was requesting was a ordinance clarification and rather than coming to you with findings for a variance, staff choose to pursue the ordinance amendment. Mr. Markham stated that they did not forsee lowering the maximum floor height. COMMISSIONER BLAIR stated that she did not approve of this height and felt it was out of character for the area. CHAIRMAN CHINIAEFF stated that he did not agree and he felt that a building of this height against the hills was appropriate, versus a building of this height on the flat land; however, he did not like the process that was being taken to get the approval for the additional height. Chairman Chiniaeff stated that he felt a variance was the best way to handle the change in the height. He added that he felt the traffic problems were being adequately addressed and the project could be conditioned to complete improvements prior to occupancy. Chairman Chiniaeff recommended that the ordinance stay as written and each application addressed on a case-by-case basis. COMMISSIONER FORD commented that he felt if the Commission approved this building then they will be setting a precedent for the I.P. zone. PCMN121790 -16- 12/21/90 PLANNING COMMISSION MINUTES DECEMBER 17. 1990 findings. If the Councilor Commission feels the findings are justified in each case then a decision is made. CHAIRMAN CHINIAEFF opened the public hearing at 8:50 P.M. ANTHONY POLO, Markham & Associates, 41750 Winchester Road, Temecula, provided exhibits of the proposed building. He clarified that the building was 91 feet to the top and 75 feet to the seventh floor elevation. COMMISSIONER FORD questioned if the glass on the building was reflective. MR. POLO stated that yes this was reflective glass; however, it could be conditioned for some other type of glass. CHAIRMAN CHINIAEFF asked the Fire Department representative to address the height concerns. MIKE GRAY, Riverside County Fire Department, stated that the City of Temecula will be receiving their 105' aerial platform truck within the next 30 days. He added that the City's fire ordinance makes special considerations for any building over 30 feet and must be built to high-rise standards and items that are usually required of buildings of 75 feet or more are required on a building of 30 feet or more in the City of Temecula. COMMISSIONER HOAGLAND questioned traffic mitigation for this project. KIRK WILLIAMS stated that the current situation at Front street and Rancho California Road will be impacted and continue to operate at lower standard levels. COMMISSIONER BLAIR questioned why the applicant needed this height for their building. GARY THORNHILL stated that when the applicant went to the County, they got an interpretation from the County that they could build at this height; however, when it was transferred to the City, staff had concerns about the height. staff felt that this was a good project and the height was there only concern. He added that staff would like some policy direction on this issue until the general plan is completed. He recommended that the Commission consider some interim guidelines on occupied floor heights. (, PCMN121790 -15- 12/21/90 PLANNING COMMISSION MINUTES DECEMBER 17. 1990 GARY THORNHILL clarified that the current way the ordinance reads you do need a re-zoning for inhabitable space above 50 feet, if you go above 75 feet is must be uninhabitable space. JOHN CAVANAUGH stated that the ordinance reads that no building and/or structure can exceed 50 feet under the present ordinance, unless you go through the process of section 18.34 of the ordinance, which allows you to go to 75 feet for buildings (inhabitable space) or 105 feet for other structures (uninhabitable space). Not only do you have to amend the existing ordinance, you have to apply for a zone change. CHAIRMAN CHINIAEFF asked why the Commission doesn't just change the height and then the Planning Department can determine the height limitation on a case-by-case basis. GARY THORNHILL stated that staff preferred to keep the height limit throughout the district. COMMISSIONER FORD clarified with the Commission that they did not want a reflective glass building. COMMISSIONER FAHEY and COMMISSIONER BLAIR stated that they did not want reflective glass; however, COMMISSIONER HOAGLAND stated no and CHAIRMAN CHINIAEFF stated that he liked the building the way it was. COMMISSIONER FORD moved to close the public hearing at 9:50 P.M. and adopt the Negative Declaration for Plot Plan No. 34, Tentative Parcel Map No. 25059 and Change of Zone Nos. 6 and 7; and adopt Resolution No. 90-(next) approving Change of Zone No.6; adopt Resolution No. 90-(next) approving Change of Zone No.7; adopt Resolution No. 90-(next) approving Plot Plan No. 34; and adopt Resolution No. 90-(next) approving Tentative Parcel Map No. 25059, subject to the Conditions of Approval as presented and amended by staff, seconded by COMMISSIONER HOAGLAND. AYES: 4 COMMISSIONERS: Fahey, Ford, Hoagland, Chiniaeff NOES: 1 COMMISSIONERS: Blair r! rINrI DI.CTO~ RE~ .1 ~~O~~ is,d the.t=omm"sio~of t~ followi~ PCMN121790 -18- 12/21/90 PLANNING COMMISSION MINUTES DECEMBER 17. 1990 GARY THORNHILL stated that in this case only we are asking for the additional height, and all other applications will be addressed on a case-by-case basis. He added that this applicant had received commitments from the County when planning the design of this building. JOHN CAVANAUGH added that the Commission was making a recommendation to change the ordinance which would be creating a precedent; however, these are development standards that will be coming before the Commission or the City Council. GARY THORNHILL added that until the general plan is adopted staff will not encourage projects with this height proposal. COMMISSIONER FORD questioned if the Commission could make a recommendation to the City Council to clarify an ordinance before the general plan. He stated that he liked the project; however, he was concerned with future requests for amendments to the height ordinance. He concurred that he also felt a variance was more appropriate to the project and that he felt that they could come up with the findings for a variance and that some of the findings that were in the staff report were no appropriate. GARY THORNHILL stated again that in his personal op1n10n once you approve a variance for height you also set a precedent, and when you have a re-zoning applicant you are not limited by time, etc. It is a legislative decision by the approving body and it is a policy statement. JOHN CAVANAUGH added that on a change of zone is a policy issue and findings are not required under state law; however, a variance would require findings for denial. CHAIRMAN CHINIAEFF asked if the issue was that this project was asking to vary from the standards of the zone ordinance and unless you change the zone standards you ask for variance. GARY THORNHILL stated that there are prOV1S10ns in the code, in the I.P. zone district you may apply for a re-zoning to change the height. ( COMMISSIONER FAHEY stated that she agreed with the Mr. Thornhill's conclusion to pursue a change of zone rather than a variance. PCMN121790 -17- 12/21/90 APPLlCANTIS ACKNOWLEDGMENT I have read, understand and accept the conditions for approval set forth herein above in this Resolution of approval for Change of Zone No.6. DATED: By Name Title FORMS\RES-TM.PC 4 (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter IISWAplI) was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The Planning Commission in recommending approval of the proposed Change of Zone, makes the following findings, to wit: FORMS\R ES- TM. PC a) There is a reasonable probability that Change of Zone No. 6 will be consistent with the City.s future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the subject request is consistent with the limitations of the zoning ordinance in which structures of up to 105 feet are permitted and since Change of Zone No.7, which is a request to amend Section 10.4(b) of the zoning ordinance, is recommended for approval. There is not a likely probability of substantial detriment to or interference with the future General Plan, if Change of Zone No.6 is ultimately inconsistent with the plan, due to the fact that an approval of such a building height within the I-P (Industrial Park) zone may be consistent with the goals and/or policies of the City.s future General Plan. b) c) The project is compatible with surrounding land uses. Although the harmony in scale, bulk, and height creates an incompatible physical relationship with adjoining properties, due to the fact that the adjoining developments do not exceed two stories in height, the proposed project is consistent with the zoning ordinance. 2 ITEM NO. 11 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER "P.t>. ~. ~~ CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: City Manager DATE: January 15, 1991 SUBJECT: Approval of City Stationery PREPARED BY: Deputy City Clerk June S. Greek RECOMMENDA TION: Approve the City stationery and business card using the . approved seal design and direct staff regarding its use. BACKGROUND: The staff report recommending the use by City staff and departments of the various types of stationery win be forwarded to you under separate cover. The graphics arts firm which was retained to complete the design will be providing the City Council with proofs of the stationery in a black a white version and have agreed to create a colored rendering of the four-color version for your approval. We also hope to have proofs of business cards for you to see. This material will not be available until shortly before your meeting on Tuesday, January 15,1991. JSG T ABLE A Comparison Between 8/29 Status and 12/5 Status Period County City Total Total Total Endinq Transfer Project Items In Out % In % Out Aug.29, 1990 122 35 157 94 63 60 40 Dec. 5, 1990 108 146 344 117 227 34 66 NOTE: A project for this table is defined as a single plan check item; such as a grading plan, street plan, parcel map, etc. STAFFRPT\ENG-008 3 ITEM NO. 12 APPROVAL CITY ATTORNEY ~ FINANCE OFFICER CITY MANAGER ~ \ CITY OF TEMECULA AGENDA REPORT TO: City Council/ City Manager FROM: Engineering Department DATE: SUBJECT: January 8, 1991 Quarterly Update of Engineering Department Activities PREPARED BY: Douglas M. Stewart, Deputy City Engineer DISCUSSION: This staff report is the second quarterly update to the City Council of Engineering Department case review and plan check activities. The first quarterly report was presented to the City Council on September 4, 1990. Table A (attached) shows a comparison between the plan check status on August 29, 1990, lthefirststatus report) and the current, DecemberS, 1990, reporting period. The following observations are offered: The total items in the engineering plan check process has more than doubled from 151 to 344 since September 1. This is due to an increase in the County transferred projects being turned in to the City as well as new workload being delivered to the City directly. Even with the increase in workload, the ratio of plan checks in process to these completed and returned to the engineers has decreased from 60/40 to 34/66. Plan check turn-around time goals are now being met 75% to 80% of the time even though we have lIexpeditedll plan checks for 45 items. These goals are 3 weeks for the first plan check and 2 weeks for subsequent checks. We have found that the County.s plan check efforts have been inconsistent at best and we have only rarely been able to approve County transfer plans or maps without thorough in-house review. STAFFRPT\ENG-008 1 ITEM NO. 13 ITEM. NO. 14 11 MEMORANDUM TO: City Council/City Manager FROM: Gary Thornhill, Planning Department DATE: January 8, 1991 SUBJECT: Planning Department Quarterly Report/Year End Update Following is a list of activities and accomplishments for the Planning Department over the past year: 1 . Ongoing Projects A. Current Planning Activities o Provide public information counter coverage (8-12 on a walk-in basis; and, 1-4 by appointment). o Process remaining Riverside County Transfer Cases Residential 27 cases, 4,195 units, 1,051 ac Commercial 9 cases, 551,689 sq. ft. Comm/I ndust. Parcel Maps 11 cases, 337 lots, 595 ac Zone Changes 16 cases o Process City Land Use Application Submittals: Residential 3 10 units/lots, 19 ac Commercial 12 389,428 sq.ft. Industrial 4 204,200 sq. ft. Institutional 2 15,800 sq. ft. Comm/I ndust. Parcel Maps 1 16 lots/units, 70 ac Ext. of Time Res. Subdivision 15 3,259 units/lots, 1, 001 ac o Comm/I ndust. Subdivision Administrative Approvals Sign Permits Consistency Checks Landscape Plans Miscellaneous 2 15 units/lots, 51.2 ac 15 19 14 9 PLANNING\M56 City Council/ City Manager January 8, 1991 Page 2 o Specific Plans currently under review: Meadows (SP 219) Residential 180 ac Commercial 36 ac Murdy Ranch (SP 228) Residential 427 ac Commercial 20 ac School 10 ac Parks 50 ac Winchester Hills (SP 255) Residential 340 ac Commercial 147 ac School 11 ac Parks 26 ac Temecula Regional Center (SP 263) Commercial 200 ac Winchester Meadows (SP 271) Industrial 120 ac Campos Verdes (EIR 348) Residential 96 ac Commercial 24 ac Parks 4 ac o Coordinate Development Review Committee Meetings B. Advanced Planning Activities o General Plan Preparation of Request for Proposals Consultant Selection Process Monitor General Plan Preparation o City Ordinances Antenna Ordinance Balloon Sign Ordinance Billboard Ordinance Adult Business Ordinance Development Fee Ordinance o Design Guidelines Draft Set of Guidelines for Commercial and Industrial Developtments were Presented to Planning Commission o Winchester/Nicolas Land Use Study o Old Town Development Plan and Land Use Study Proposal Work Program Prepared PLANNING\M56 City Council/City Manager January 8, 1991 Page 3 C. Administrative Planning Activities o Update Case Tracking System Log o Administer Planning Commission Agenda o Establ ish Miscellaneous Forms/ Letters 2. Planninq Department Accomplishments A. Current Planning o Transition of Cases from Riverside County 100% Transferred Processed to a Public Hearing or Placed on Hold at the Request of the Applicant: Residential 8 277 units/lots, 178.3 ac Commercial 12 203,008 sq. ft. Industrial 7 463,194 sq.ft. Comm/I ndust. Parcel Maps 8 209 units/lots, 360.77 ac o Zone Changes 6 City Land Use Applications Completed Residential 1 Commercial Industrial Institutional Comm/I ndust. Parcel Maps 12 4 2 260 units/lots, 22 ac 389,428 sq. ft. 204,200 sq. ft. 15,800 1 5 units/lots 2 . 08 ac Zone Changes Ext. of Time Res. Subdivision 6 7 971 units/lots 234.3 ac o Administrative Approvals Signs Consistency Checks Landscape Plans Miscellaneous Temporary Outdoor Events 129 19 30 76 17 PLANNING\M56 City Council/ City Manager January 8, 1991 Page 4 o Significant Projects Processed Advanced Cardiovascular Systems: Processed and under construction Professional Hospital Supply: Processed and under construction Revised Palm Plaza: Processed and under construction B. Advanced Planning o General Plan Prepared Request for Qualifications Participation in Consultant Screening Process Attendance at Planning Commission with General Plan Workshop o Lightfoot Land Use I nventory and Maps D. Administrative Planning o Establishment of Case Tracking System. o Establishment of Standard Approval Letters. o Establishment of Standard Conditions of Approval. o Establishment of Standard Resolutions. o Establishment of Standard Staff Report Format. o Establishment of Standard Land Use Application Forms. OM/GT:ks PLANNING\MS6 ITEM. NO. 14 ITEM NO. 15 APPROVAL CITY ATTORNEY ~ FINANCE OFFICER CITY MANAGER ~ \ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Engineering Department January 8, 1991 Quarterly Update of Engineering Department Activities PREPARED BY: Douglas M. Stewart, Deputy City Engineer DISCUSSION: This staff report is the second quarterly update to the City Council of Engineering Department case review and plan check activities. The first quarterly report was presented to the City Council on September 4, 1990. Table A (attached) shows a comparison between the plan check status on August 291 1990, (the first status report) and the current, December 5, 1990, reporting period. The following observations are offered: The total items in the engineering plan check process has more than doubled from 151 to 344 since September 1. This is due to an increase in the County transferred projects being turned in to the City as well as new workload being delivered to the City directly. Even with the increase in workload, the ratio of plan checks in process to these completed and returned to the engineers has decreased from 60/40 to 34/66. Plan check turn-around time goals are now being met 75% to 80% of the time even though we have lIexpeditedll plan checks for 45 items. These goals are 3 weeks for the first plan check and 2 weeks for subsequent checks. We have found that the County.s plan check efforts have been inconsistent at best and we have only rarely been able to approve County transfer plans or maps without thorough in-house review. STAFFRPT\ENG-008 1 Table B presents the current plan check status as of December 5, 1990 by the type of project versus the plan check position of the project. For the purpose of Table B a IIprojectll is defined as the accumulation of all maps, plans, studies, documents, etc., required prior to issuance of a single approval. (Table A was a tabulation of each of these items as single entities.) The following observations are offered: The 344 individual plan checks listed in Table A comprise the 140 separate projects currently being processed. Currently, 28% of the projects are in process with 72% of the projects having been processed at least one time and returned to the engineer. The proportion of County transfer projects is dropping off compared to projects initiated in the City. STAFFRPT\ENG-008 2 T ABLE A Comparison Between 8/29 Status and 12/5 Status Period County City Total Total Total Endinq Transfer Project Items In Out % In % Out Aug.29, 1990 122 35 157 94 63 60 40 Dec. 5, 1990 108 146 344 117 227 34 66 NOTE: A project for this table is defined as a single plan check item; such as a grading plan, street plan, parcel map, etc. STAFFRPT\ENG-008 3 TABLE B PLAN CHECK STATUS - CITY OF TEMECULA PROJECTS - 12/5/90 PM PM TM TM PP PP CSA CSA CUP CUP LLA LLA Misc Misc Check In Out In Out In Out In Out In Out In Out In Out Total Fi rst 1 5 30 16 0 6 0 6 0 0 0 2 2 7 75 Second 0 7 4 13 1 5 0 5 0 2 1 3 0 3 44 Third 0 0 0 5 0 3 0 2 0 1 0 2 0 3 16 Fourth 0 2 0 1 0 0 0 0 0 1 0 1 0 0 5 Total 14 34 35 14 0 13 0 4 8 2 13 140 15 69 15 13 4 9 15 County Transfer Proiects City Proiects In: 26 In: 13 Out: 45 Out: 56 NOTE: A "Project" for this table is all maps, plans, studies, documents, etc., required prior to Total Proiects Percent of Proiects issuance of a single approval. In: 39 In: 28% Out: 101 Out: 72% LeQend: PM TM PP CSA Parcel Hap Tract Hap Plot Plan County Service Area Plan Review Conditional Use Permit Lot Line Adjustment All Others CUP LLA Hi sc - STAFFRPT\ENG-008 4 APPROVAL CITY ATTORNEY FINANCE OFFICE~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Anthony Elmo, Chief Building Official DATE: January 15, 1991 SUBJECT: Quarter Departmental Review DISCUSSION The Department of Building and Safety has been in full operation since January 1, 1990. The Department currently consists of three (3) divisions: building permit issuance, building inspection, and code enforcement. Since July 1, 1990, the building permit issuance division has been responsible for the processing and issuance of over 830 building permits, representing approximately $31.5 million in building construction valuation. The building inspection division is performing inspections on all projects permitted by the City and/or acquired from the County of Riverside. We have requested the assumption of responsibility for all County approved or permitted projects that, regardless of reason, have not commenced to date. We will be receiving documents for these projects in the near future. All building permit and inspection staff is contracted with Willdan and Associates. Interviews and testing was recently completed as part of the recruitment process for hiring City building department staff. Transition of contract staff to City staff should begin by February 1, 1991. Major projects being worked on by staff, are the implementation of an ordinance for the mitigation of unreinforced masonry (URM) buildings and a citywide survey aimed at identifying existing URM buildings, and locating and identifying buildings with densely populated occupancies such as apartments and condominiums, and those classified as hazardous occupancies. This information will be used in the event of a disaster or major emergency to assist in damage assessment and rescue operations. The code enforcement division consists of one (1) full time City staff member. The code enforcement division has developed and implemented a competent program for servicing complaint referrals which assures consistency in its enforcement. In the first months of the 1990-91 fiscal year, we have experienced a large reduction of violations such as illegal signs in right-of-way areas, trailer mounted advertising signs, automobile sales from vacant property, illegal dumping and illegal balloon advertising. The code enforcement division is working to complete development of a citation program for use when voluntary compliance efforts have failed. Two (2) major programs now being studied and drafted for future consideration in conjunction with the Planning Department, is an offsite "Kiosk Sign" advertisement program and a limited use balloon advertisement ordinance. The Building and Safety Department is looking forward to its upcoming staff transition and team building with great expectations. The Department will continue to strive toward the goal of developing and maintaining a highly efficient and responsive attitude toward the needs of both the private and development communities. (2) ITEM, NO. 16 (a) Bidder shall bill subscribers quarterly forall service. Bidder will be wholly responsible for collecting payment and City will not be liable for bad debts. (b) The Temecula Community Services District will levy a parcel charge for collection and recycling service. Bidder will be paid semi-annually for all service rendered according to the number of residences served. 6. INTEGRATED WASTE MANAGEMENT PLAN AND SOURCE REDUCTION AND RECYLING ELEMENT (Public Resources Code Section 41900 ~ ~. The Bidder providing residential collection, disposal and recycling shall contract a qualified solid waste disposal consultant to prepare, on behalf of the City, a Solid Waste Management Program and Source Reduction and Recycling Elements ("SRRE") pursuant to Public Resources Section 41000 ~~. The Bid Proposal shall include the proposed consultant's name and qualifications. To the extent permitted by law the City Manager shall develop a formula whereby the residential Bidder is reimbursed from the Bidder(s) providing commercial service and from all grandfather permittees under Public Resources Code Section 49570 for their fair share cost of the SRRE. The consultant shall work under the supervision of the City, and the City may require rewriting of the SRRE, or selection of a new consultant, should the City determine, in its sole discretion, that it is necessary to achieve an adequate SRRE. 7. COLLECTION IMPEDIMENTS The Bidder shall provide regularly scheduled weekly refuse collection service to each residence in the designated area. A number of collection impediments may require special effort to accomplish this level of service. If this special effort requires the distribution of containers, it shall be the responsibility of the Bidder to distribute them. (a) Rain - Some streets become impassable during periods of heavy or prolonged rain. When the Bidder determines that collection vehicles can no longer provide service in the street, the following steps shall be taken: (1) Notify the City giving location of impassable street. (2) Notify residents that collection service will be available 9 APPROVAL CITY ATTORNEY ~ FINANCE OFFICER I CITY MANAGER ~ CITY OF TEMECULA AGENDA REPORT TO: CITY MANAGER/CITY COUNCIL FROM: SCOTT F. FIELD, CITY ATTORNEY DA TE: December 31, 1990 MEETING DA TE : P2 SUBJECT: January 15, 1991 SOLID WASTE HAULING AND RECYCLING - REOUEST FOR PROPOSALS RECOMMENDA TION: That the City Council authorize issuance of the attached Request for Proposals for solid waste hauling and recycling. DISCUSSION: At its December 11, 1990 meeting the City Council received a report containing a draft Request For Proposals for solid waste hauling and recycling services. At that time, the City Council Continued the matter to its January 8, 1991 meeting so that the public input could be solicited. (Attached is an example of the letter soliciting public comment, which was sent to the haulers presently serving the City.) Since the last Council meeting, the Request For Proposals and the associated Franchise Agreement have been revised in the following respects: 1. All proposals are to be publicly opened and read. 2. Curbside pickup of used oil has been eliminated. 3. Proposals for the following two alternative recycling programs will be solicited: (a) The first program would involve a single recycling container for collection of aluminum, glass, and plastic beverage containers. Newsprint would be bundled separately. This program is identical to the present County recycling program. Solid Waste Hauling and Recycling - RFP January 15, 1991 Page 2 (b) The second program would provide for three containers, one containing beverage containers, the second for newsprint, and the third for green waste. At this time, it appears that the County will have permitted a composting facility in Corona within a year. Accordingly, the second proposal is being solicited to provide for the composing of green waste. 4. The comments received from Western Waste Recycling have been incorporated into the documents. ATTACHMENTS: Agenda Report from December 11, 1990 meeting regarding solid waste hauling and recycling RFP. RFP for Solid Waste Collection and Recycling Services Franchise Agreement to be included as an exhibit to RFP Letter sent to haulers soliciting comments on RFP Letter from Western Waste Recycling dated December 31,1990. APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER @::- CITY OF TEMECULA AGENDA REPORT TO: CITY MANAGER/CITY COUNCIL FROM: SCOTT F. FIELD, CITY ATTORNEY DA TE: NOVEMBER 27, 1990 MEETING DA TE : DECEMBER 11, 1990 SUBJECT: SOLID WASTE HAULING AND RECYCLING - REQUEST FOR PROPOSALS RECOMMENDA TION: That the City Council consider the attached Request For Proposals for solid waste hauling and recycling and continue the matter to the January 8, 1 991 agenda so that staff may solicit public comment on the Requet For Proposals. DISCUSSION: The Integrated Waste Management Ordinance the Council is considering provides for issuance of one or more franchises for solid waste hauling. Staff proposes issuing such franchises pursuant to a Request for Proposal ("RFP"). The form of the RFP is attached. In brief, the RFP contemplates obtaining bids for a variety of different services. Once the bids are evaluated, City Staff will meet with one or more finalists to negotiate the terms of a franchise agreement. The form of the franchise agreement is attached to the RFP. The request for proposal is modified from the one used recently by CSA 143. As the Council may be aware, on November 1, 1990, CSA 143 began its residential waste hauling and recycling program. The contracted hauler for CSA 143 is Inland Disposal. The services are paid for through a parcel charge levied on the property owners within CSA 143. The chief distinction from the CSA 143 RFP is that the City's RFP seeks bids on a "menu" of services. Once the bids are in, the City can decide which of the following services to use: 1. Residential hauling and recycling paid for through a parcel charge. Agenda Report - Solid Waste Hauling and Recycling - RFP Page 2. 2. Residential hauling and recycling paid for through direct billing to the customers. 3. Mechanized residential collection and recycling paid for through a parcel charge. 4. Mechanized residential hauling and recycling paid for through direct billing to the customers. 5. Exclusive commercial hauling and recycling, with the residential franchise. 6. Non-exclusive commercial hauling and recycling. At this time, it would not be possible to institute a parcel charge at least until the '91- '92 fiscal year. Consequently, bids are being obtained for both types of services so that a comparison can be made as to the advantages of using the parcel charge, and a determination can then be made whether to transition to a parcel charge next year. In addition, there is frequently a dispute among haulers as to whether there is a substantial savings to a city if an exclusive hauling contract for residential and commercial services is granted to a single company. Alternatively, granting the commercial franchise to multiple haulers may result in savings to commercial customers through competition. Again, bids on both options will be sought. However, no proposal is being sought for non-exclusive residential hauling. Attached is the executive summary from the Price-Waterhouse report prepared for the County, evaluating solid waste collection services in the unincorporated areas. At this time, the County permits multiple haulers to serve a single residential area. The Price Waterhouse Report indicates that this practice has resulted in "quilting" where multiple haulers are serving even a single residential street. This results in trash pickup on two or three days of the week for each street, resulting in further wear and tear on the roads, noise, dust and congestion. Consequently, this option is nC?t being sought through the RFP. . Finally, it is requested that the Council continue this item until January 8, 1991 for final action. This will enable staff to obtain public comment on the RFP and present it to the Council at the January meeting. ATTACHMENTS: Request For Proposals for solid waste collection and recycling services. Price Waterhouse Report Summary CITY OF TEMECULA REQUEST FOR PROPOSALS TO PROVIDE RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION, DISPOSAL AND RECYCLING Sealed Proposals are invited and will be received to provide collection, disposal and recycling of solid waste within the City. Proposals must be made in accordance with the Instructions and Specifications contained herein. Proposals must be delivered to, and be on file with, the City Clerk of the City of Temecula on or before , p.m. The proposal shall include a $500.00 application fee. The City Clerk's office is located at 43172 Business Park Drive, Temecula, California 92390, (714) 694-1989. The envelope containing the Proposal must be sealed and plainly marked "Proposal for Solid Waste Collection, Disposal and Recycling. Proposals will be publicly opened and read at _ p.m., on in the Temecula City Clerk's Office. All proposals then will be reviewed by the Administration of the City. One or more finalists will then be selected, and final franchise agreement negotiation will commence. Based upon those negotiations, a Bidder will be recommended to the City Council for award of the franchise. The City reserves the right to reject any and all Proposals, to waive irregularities and/or informalities in any Proposal and to make an award in any manner, consistent with law, deemed in the best interest of the City. David F. Dixon City Manager City of Temecula I. OBJECTIVE It is the City of Temecula's objective to engage one or more Refuse Collection Firms to provide refuse collection, disposal and recycling services for residential and commercial premises. These services include mechanized bin collection, construction waste removal and curb side recycling. This bid is subject to the provisions of Chapter 6.10 of the Temecula Municipal Code. A copy of the Chapter is available from the Temecula City Clerk, located at 43172 Business Park Drive, Temecula, California 92390. A prebid conference will be conducted on at p. m. at 43172 Business Park Drive, Temecula, California. Bidders must submit a Statement of Competency at the prebid conference. Failure to submit the Statement of Competency may disqualify the bidder from further consideration. The entire City of Temecula is to be serviced. A map of the City is available from the City Clerk's Office. II. INSTRUCTIONS 1. PROPOSAL A proposal shall be submitted to the City of Temecula by the Bidder indicating a willingness to perform the services outlined, comply with all requirements and specifications, and enter into the attached Franchise Agreement. Each proposal must be accompanied by a $500.00 application fee. 2. SCOPE OF WORK The work under this Contract shall consist of the items contained in the Bid Instructions and Specifications, including all incidentals necessary to fully complete said work in accordance with the proposed Franchise Agreement, Chapter 6.10 of the Temecula Municipal Code (Chapter 6.10) and the Bid Proposal. 2 3. CONDmONS The Bidder shall fully acquaint oneself with the conditions relating to the scope and restrictions attending the execution of the work under the Franchise. The Bidder shall thoroughly examine and be familiar with the Instructions, Specifications, Chapter 6.10 and the Franchise Agreement. It is also expected that the Bidder will obtain information concerning the conditions at locations that may affect this work. The failure or omission of the Bidder to receive or acquaint oneself with conditions existing, shall in no way relieve one of any obligation with respect to the proposal or to the Franchise. The City shall make all such documents available to the Bidder. The Bidder shall make a determination as to conditions and shall assume all risk and responsibility and shall complete the work in and under conditions encountered or created without extra cost to the City. The Bidder's attention is directed to the fact that all applicable State Laws, Riverside County Health Regulations, City of Temecula Municipal Ordinances and rules and regulations of all authorities having jurisdiction over the work to be performed shall apply to the Bidder throughout, and they will be deemed to be included in the Franchise as though written out in full in the Franchise. 4. NAME. ADDRESS AND LEGAL STATUS OF THE BIDDER The Bid proposal must be properly signed in ink and the address of the Bidder given. The legal status of the Bidder, whether corporation, partnership, or individual, shall also be stated. Partners or major stockholders of the Bidder must be clearly shown providing full names and addresses. The Bidder and any holding, subsidiary or associated firms shall provide their office address with county and state and telephone number. Anyone signing the Proposal and Contract as an agent of another or others must submit with the proposal, legal evidence of one's authority to do so. 3 5. COMPETENCY OF BIDDER The City reserves the right to determine the competence and responsibility of the Bidder from its knowledge of the Bidder's qualifications or from other sources. The City requires to be submitted with the Bid Proposal certified supporting data regarding the qualifications of the Bidder in order to determine whether it is qualified and responsible. The Bidder will be required to furnish the following information sworn to under oath: (a) The name and address of the Bidder. (b) Whether the franchise is sought for residential or commercial collection and recycling, or both. (c) A list of equipment and information related thereto, including: (1) an itemized list of the bidder's equipment available to be used in Temecula; (2) identification of each vehicle with supporting information relative to all of the vehicles for service (primary or backup) in Temecula; (3) a list of vehicle identification numbers; and (4) the type, year, make, model and mileage of all vehicles. (d) Identification of the manager and responsible office personnel. (e) Financial Statements, for the bidder and its parent corporation if the bidder is a subsidiary or division. Financial statements shall be for the last three (3) available years and shall include a statement whether the statements have been audited by an independent firm of Certified Public Accountants. The financial statements shall consist of at least the following documents: (1) income statements; (2) balance sheets; and 4 (3) the total operating budget (t) Evidence that the bidder is licensed and in good standing in the State of California and, in the case of a corporation, that it is organized pursuant to the laws of any state. (g) A statement setting forth facts demonstrating that the bidder owns or has access to suitable facilities for equipment cleaning, maintenance, storage, and business offices. The addresses of all such facilities shall be provided with the application. Included with this statement, shall be a clearance from the appropriate planning agency, Water Quality Control Board, or other appropriate public or private agencies. (h) A statement regarding the bidder's experience and capability in the collection, disposal and recycling of solid waste. (i) A statement describing the bidder's proposed procedure for the processing of customer complaints. (j) Three (3) letters of recommendation. (k) Evidence that the bidder can provide insurance policies in the amounts specified in the Franchise Agreement. (1) The type of organization of Bidder, such as sole proprietorship, partnership, joint venture, corporation, business trust or company, including the names, home addresses, and percentage of ownership of all owners and officers. Information as to ownership interests of less than one percent (1 %) need not be provided. (m) A narrative describing the identity and form of the business entity or entities which would own, manage and operate the franchise. (n) As to each such entity, a list of the names and addresses of all officers and directors, and all firms, corporations, other entities or persons owning more than 5 % of the voting stock, and all partners. 5 (0) As to each of the entities or persons described in your response to Item No. (n), since January 1, 1989, have you (1) Ever been named as a defendant or respondent in a complaint filed by any public or private entity or person in a Federal or Sate Court or administrative tribunal in any case or matter in which the complaint or cross-complaint alleged, or was amended to allege, unfair business or trade practices or violation of antitrust laws or violation of the Racketeer Influenced and Corrupt Organizations Act. (18 USC ~~ 1961-68); (2) Ever entered into a settlement agreement with a public or private entity or person concerning alleged unfair business or trade practices or violation of any antitrust laws, or violation of the Racketeer Influenced and Corrupt Organizations Act. (18 USC ~ 1961-68); (3) Ever been found by a court to have violated any federal, state, or local statute, ordinance or regulation regarding the proper collection, transportation or disposal of hazardous or solid waste; (4) Ever has been named in a complaint, filed in any federal or state court, alleging the violation of any federal, state or local statute, ordinance or regulation regarding the proper collection, transportation or disposal of hazardous or solid waste; (5) Ever paid, or are now appealing a judgment or order requiring the payment of any civil penalty or fine to any federal, state or local administrative agency based on a finding or determination regarding the violation of a statute, ordinance or regulation regarding the proper collection, transportation or disposal of hazardous or solid waste; (6) Ever been a defendant in a cost recovery or citizens suit filed under the Comprehensive Environmental Response, Compensation and Liability Act or the Resource Conservation and Recovery Act; (7) Ever been found by any court or government agency to have violated any federal or state law or regulation or municipal 6 or county ordinance relating to election laws or campaign contributions; (8) Ever been named in any complaint filed in any federal or state court, or regulatory agency, including but not limited to the California Fair Political Practices Commission, alleging the violation of any federal or state law or regulation or municipal or county ordinance relating to election laws or campaign contributions; (9) Ever had a solid waste franchise, permit, license or other entitlement revoked or suspended; (10) Ever had a business license revoked or suspended. (11) If the answer to any of the foregoing is affirmative, provide a narrative describing the conduct that led to the affirmative response. (P) Provide one copy of each solid waste franchise agreement, license or permit granted by a sate or local government agency in the State of California to which the entity or entities identified in response to (n), above is a party. 6. EV ALUA nON PROCESS All Bid Proposals will be given thorough review. All contacts during the review selection phase will be through the Purchasing Department. Attempts by the Bidder to contact members of the review committee may result in disqualification of the Bidder. At the option of the City, finalists will be selected for a final round of negotiations. However, Bidders are encouraged to present their best offers with their initial submission to insure their selection for the final round. The selection of finalists will be done by evaluating the Bidder's cost and qualifications. Once a finalist is selected, the City intends to negotiate a franchise agreement with the bidder providing the selected services, equipment and supplies. The content of the Instructions, Specifications, Franchise Agreement, Chapter 6.10 and Bid 7 Proposal will become an integral part of the final Franchise Agreement, but may be modified by the provisions of the Franchise Agreement. Bidders must be amendable to inclusion in a Franchise Agreement of the terms provided herein or developed subsequently during the selection process. m. GENERAL SPECIFICA nON .. 1. BID PROPOSAL The City is seeking bids on a variety of solid waste collection, disposal and recycling options, as specified on the Bid Proposal form. The Bidder shall be prepared to enter into a Franchise Agreement for one or more services. 2. EXCLUSIVITY The City shall grant a single residential franchise. Based on the bids the City may chose to enter into multiple commercial franchises or grant a single exclusive franchise for commercial and residential services. The bids should incorporate a 8 % of gross revenues franchise fee. 3. FRANCHISE TERM The term of all franchises shall be eight years. 4. SERVICE FREOUENCY The Bidder shall provide regularly scheduled service, including recycling, as specified in Chapter 6.10. Recyclables shall be collected on the same day that refuse is collected. 5. BILLING - RESIDENTIAL SERVICE The City may choose to establish a parcel charge for residential service beginning with 1991-92 fiscal year. Accordingly, residential service bidders shall make two alternative proposes. 8 recycling goals. Good faith negotiations will be required of both parties to the Franchise" when any new mandates are imposed. 9. REPORTING The Bidder shall provide monthly reports on the quantity (by weight) of each type of recyclable collected to the City, and compare this to the tonnage of refuse delivered to disposal sites from the service area. IV. SPECIAL SPECIFICATION A. MECHANIZED RESIDENTIAL COLLECTION & DISPOSAL 1. MATERIALS TO BE COLLECTED The Bidder shall furnish all labor, supervision, materials, permits, licenses, and equipment necessary to provide mechanized contained refuse collection of single family residential dwelling units within the City of Temecula, California as follows. (a) All refuse placed curbside on streets or easements for collections in containers provided by the Bidder. (b) The Bidder will not be required to collect metal bin type containers. (c) The Bidder may on occasion be required to collect refuse placed for collection in bag or boxes. These collections will be in special emergency situations and for periods of short duration. They usually occur when construction or emergency repairs to utilities block access to the usual location of containers. (d) The Bidder shall continue carry-out services for those individuals who are unable to place their refuse for collection in the usual manner due to severe physical handicap. The Bidder shall not receive special payment for this service. 2. CONTAINERS The Bidder will provide both the initial container and any replacement containers to residents to be served. Residents will have individual containers. They 11 may also have an unlimited number of additional containers, but each homeowner must pay the Bidder for each additional container. Additionally, the Bidder shall notify City of all customers utilizing extra containers, so that City may install price disincentives in its assessment structure to help promote state mandated source reduction and recycling goals, and reimburse the Bidder for this extra service. Specifications for containers: See Exhibit A. Repairs to containers shall be the responsibility of the Bidder. This includes replacement of wheels, lids, hinges, axles, and handles. 3. GOVERNMENTAL COLLECTIONS The Bidder shall provide refuse collection to specifically designated governmental locations within the City. These may include, but are not limited to, fire stations, schools, parks, and public buildings. The City will not be billed for this service. B. NON-MECHANIZED RESIDENTIAL COLLECTION & DISPOSAL 1. MATERIALS TO BE COLLECTED The Bidder shall furnish all labor, supervision, materials, permits, licenses, and equipment necessary to provide refuse collection for residential dwelling units within the City of Temecula, with all refuse placed curbside on streets or easements for collection in containers by subscribers. 2. GOVERNMENTAL COLLECTIONS The Bidder shall provide refuse collection to specifically designated non- residential locations within the City. These may include, but are not limited to, fire stations, schools, parks, and public buildings. The City will be billed for this service. C. SPECIAL RESIDENTIAL COLLECTION 1. SCOPE OF WORK Regardless of whether residential collection is mechanized or not, the Bidder shall provide semi-annually collection of bulky waste which is composed of materials which are not easily contained such as Christmas trees, tree trimmings, furniture and large appliances, and of household hazardous waste. 12 D. COMMERCIAL COLLECTION AND DISPOSAL 1. MATERIALS TO BE COLLECTED The Bidder shall furnish all labor , supervision, materials, permits, licenses, and equipment necessary to provide refuse collection for commercial premises. Refuse will be placed in a refuse bin located on the premises. E. SINGLE-FAMILY RESIDENTIAL RECYCLING 1. SCOPE OF WORK The Bidder for residential service shall provide separate curbside collection of recyclable materials to all single-family residential units receiving refuse service. Curbside collection shall be performed weekly and shall be provided either by the Bidder, or be subcontracted by the Bidder to another subcontractor, as approved in writing by the City. 2. MATERIAL TO BE RECYCLED The City desires bids on the following two recycling programs: (a) Curbside collection shall provide a system for separation of the following designated recyclable materials from waste collected prior to transportation to the landfill: (1) Newsprint and glass, PET and aluminum beverage containers are designated as the initial items for collection. (2) Additional items may be added to the list either by amendment or resolution adopted by the City Council. (3) Additional materials may be collected for recycling purposes at the discretion or desire of the Bidder. (4) The Bidder shall provide a single container for curbside collection of all recyclable materials except for newsprint. The container provided shall have a minimum capacity of seventeen (17) gallons, be constructed of rigid, durable, recyclable materials with a minimum five (5) year life expectancy warranted by the manufacturer. The Bidder's 13 company or subcontractor's company name and phone number shall be permanently affixed to each container. Newspaper may be bundled or bagged separately. All containers or handling methods shall be approved by the City. (b) Curbside collection shall provide a system for separation of the following designated recyclable materials from waste collected prior to transportation to the landfill: (1) Newsprint, glass, PET and aluminum beverage containers and compostables are designated as the initial items for collection. (2) Additional items may be added to the list either by amendment or resolution adopted by the City Council. (3) Additional materials may be collected for recycling purposes at the discretion or desire of the Bidder. (4) The Bidder shall provide three containers for curbside collection of recyclable materials: one for glass, PET and aluminum beverage containers, one for newsprint, and one for compostables. Each container provided shall have a minimum combined capacity of seventeen (17) gallons, be constructed of rigid, durable, recyclable materials with a minimum five (5) year life expectancy warranted by the manufacturer. The Bidder's company or subcontractor's company name and phone number shall be permanently affixed to each container. All containers of handling methods shall be approved by the City. (5) All compostables shall be delivered to a Recyc, Inc., a composting facility located in Corona. 3. REPORTING The Bidder shall report monthly tonnages of refuse disposed of and each recyclable material collected to include the gross revenue for each material to the City to the best of the Bidder's ability, in a format prescribed by the City. 14 4. HANDLING RECYCLABLES The Bidder shall not dispose of separately collected recyclable products at County land fills without prior written approval from the City, or violate any state statute or local ordinances regarding the handling and storage of the recyclable materials. 5. RECYCLING REVENUE SHARING. (1) Grantee shall share equally with City gross revenues which are received from the sale of recycled materials collected by Grantee from this Recycling Program. (2) Grantee shall not begin to charge customers for residential recycling until the effective date of the recycling program. F. MULTI-FAMILY UNIT AND COMMERCIAL RECYCLING 1. SCOPE OF WORK The Bidder(s) for multi-family unit service and commercial service shall provide separate collection of recyclable materials to all such units receiving collection and disposal service. As part of the Bidder's proposal, it shall provide a plan and associated rate to provide multi-family and commercial recycling, beginning January 1, 1992. The City may choose to revise the plan based upon its SRRE, and will establish a new recycling rate to address any increase/decrease in the work necessary to accomplish the plan, as revised. 2. MATERIAL TO BE RECYCLED Curbside collection shall provide a system for separation of the following designated recyclable materials from waste collected prior to transportation to the landfill: (1) Newsprint, glass, and PET and aluminum beverage containers are designated as the initial items for collection. (2) Additional items may be added to the list either by amendment or resolution adopted by the City Council. 15 (3) Additional materials may be collected for recycling purposes at the discretion or desire of the Bidder. 3. REPORTING The Bidder shall report monthly tonnages of refuse disposed of and each recyclable material collected to include the gross revenue for each material to the City to the best of the Bidder's ability, in a format prescribed by the City. 4. HANDLING RECYCLABLES The Bidder shall not dispose of separately collected recyclable products at County landfills without prior written approval from the City, or violate any state statute or local ordinances regarding the handling and storage of the recyclable materials. 5. RECYCLING REVENUE SHARING. (1) Grantee agrees to share equally with City gross revenues which are received from the sale of recycled materials collected by Grantee from this Recycling Program. (2) Grantee shall not begin to charge customers for residential recycling until the effective date of the recycling program. 16 CITY OF TEMECULA Proposal For Residential and/or Commercial Solid Waste Collection, Disposal and Recycling Proposal of: Name of Firm Address City, State, Zip Code An individual Partnership - A Corporation - duly organized under the laws of the State of California. The undersigned having carefully read and considered the terms and conditions of the contract requirements, specifications and contract documents for Solid Waste Collection, Disposal and Recycling for the City of Temecula, does hereby offer to perform such services on behalf of the City, of the type and quality and in the manner set forth in the request for proposal at the rates hereinafter set forth: ALL RATES INCLUDE LANDFILL CHARGES AND FRANCHISE FEE I. Exclusive Franchise for residential and commercial service City-wide: a. Mechanized Residential Collection and Disposal Service - Bidder Billing: 1. Single family unit $ per month. Special services per single family unit: Recyling Program A (no compostables) - $ per month. Recyling Program B (with compostables) - $ per month. 3. Multi-family residential - 3 cubic yard bin $ per month. 4.Recycling per multi-family residential unit (1 x week) $ per month. b. Non-mechanized Residential Collection and Disposal Service - Bidder Billing: Single family unit - $ per month. Special services per single family unit: - Recyling Program A (no compostables) $ - Recyling Program B (with compostables) $ per month. per month. Multi-family residential - 3 cubic yard bin per month. Recycling per multi-family residential unit (1 x week) - $ per month. -2- Mechanized Residential Collection and Disposal Service - City Parcel Charge: Single family unit - $ per month. Special services per single family unit: - Recyling Program A (no compostables) - $ - Recyling Program B (with compostables) - $ 3. Multi-family residential - $ per month. per month. per month. 3 cubic yard bin Recycling per multi-family residential unit (1 x week) - $ per month. Non-mechanized Residential Collection and Disposal Service - City Parcel Charge: 1. Single family unit - $__ per month. 2. Special services per single family unit: Recyling Program A (no compostables) - $ Recyling Program B (with compostables) - $ per month. per month. 3. Multi-family residential - 3 cubic yard bin $ per month. Recycling per multi-family residential unit (1 x week) - $ per month. -3- e. Special Services: 1. Bulky Waste Residential Pick-up - $ per pick-up per residential unit. 2. Hazardous Waste Round-up - $ per pick-up per residential unit. Commercial Collection and Disposal Service - Bidder Billing (3 cubic yard bin) - monthly rate: 1. Pick-Up 2. 1 x week $ per month. 2 x week $ per month. 3 x week $ per month. 4 x week $ per month. 5 x week $ per month. 6 x week $ per month. 7 x week $ per month. Recycling (1 x week) per month per bin. g. 40 Cubic yard o $ per pick-up. h. 10 Cubic yard $ per pick-up. Exclusive Franchise only for residential service city-wide: a. Mechanized Collection and Disposal Service - Bidder Billing: 1. Single family unit $ per month. -4- Special services per single family unit: Recyling Program A (no compostables) - $ per month. Recyling Program B (with compostables) - $ 3. Multi-family residential - $ per month. per month. 3 cubic yard bid Recycling per multi-family residential unit (1 x week) - $ per month. Non-mechanized Collection and Disposal Service - Bidder Billing 1. Single family unit - $ per month. 2. Special services per single family unit: - Recyling Program A (no compostables) - $ per month. - Recyling Program B (with compostables) - $ Multi-family residential $ per month. per month. 3 cubic yard bin Recycling per multi-family residential unit (1 x week) - $ per month. Mechanized Collection and Disposal Service - City Parcel Charge: 1. Single family unit - $ per month. -5- Special services per single family unit: Recyling Program A (no compostables) $ Recyling Program B (with compostables) $ Multi-family residential - $ per month. per month. per month. 3 cubic yard bin 4. Recycling per multi-family residential unit (1 x week) - $ per month. Non-mechanized Collection and Disposal Service - City Parcel Charge 1. Single family unit $ per month. 2. Special services per single family unit: - Recyling Program A (no compostables) - $ per month. - Recyling Program B (with compostables) $ Multi-family residential - $ per month. per month. 3 cubic yard bin Recycling per multi-family residential unit (1 x week) - $ per month. Special Services: 1. Bulky Waste Residential Pick-up - $ per pick-up per residential unit. 2. Hazardous Waste Round-up - $ per pick-up per residential unit. -6- 3. Multiple Franchise Commercial Service City-Wide: Commercial Service - Bidder Billing (3 cubic yard bin) - monthly rate: 1. Pick-Up 1 x week $ per month. 2 x week $ per month. 3 x week $ per month. 4 x week $ per month. 5 x week $ per month. 6 x week $ per month. 7 x week $ per month. 2. Recycling (1 x week) - $ 40 Cubic yard - per pick-up. 10 Cubic yard - per pick-up. per month per bin. 4. Number of vehicles to be assigned specifically to the City of Temecula 5. Number of full time staff to be assigned specifically to the City of Temecula All rates bid are fixed through June 30, 1991; subsequently, they are subject to adjustment as follows: -7- A. Annual Consumer Price Index CCPI") and Tipping Fee Adjustment. The maximum rates shall be automatically adjusted to reflect changes in the consumer price index and tipping fees. The CPI adjustment shall be made annually and such adjustment shall be effective as of the first day of July of each calendar year. The CPI adjustment shall be equal to the amount derived by multiplying the previous rate by the percentage increase or decrease in the Consumer Price Index for all urban consumers within the Los Angeles-Anaheim-Riverside Metropolitan Area during the prior calendar year, excluding the housing component. The comparison shall be made for each March 1 st during the term hereof and shall be effective each July 1st. The first CPI adjustment shall occur July l, 1991. Any increase in tipping fees shall be passed through on a pro rata basis, and shall be effective at the start of the first full billing period after the tipping fee increase. B. Extraordinary Costs. In addition to, and not in lieu of, the annual CPI increase or decrease described above, Bidders shall also be entitled to rate increases or decreases in an amount equal to their extraordinary increases or decreases in its cost of collection. Such extraordinary cost increases or decreases shall be subject to City Council approval. Such extraordinary increases or decreases in its cost of collection shall include, by way of example and not by way of limitation: (1) a change in the location of the landfill or other lawful disposal sites to which the Bidder is required to transport Solid Waste collected hereunder; (2) increase or decreases in other permit fees payable by Bidder based on its operations; and {3) changes in the local, state or federal laws governing collection, separation, transportation or disposal of Solid Waste. -8- This is a true and complete proposal of this firm and this firm will enter into Contract at the above rates and conditions. Signed Name Bidder Firm Name Principal Office Address City. State, Zip Code Telephone Area Code & Number Position CORPORATE SEAL I certify that this proposal was signed and sealed by the above mentioned individual before me on this date. Notary Public Date -9- MINIMUM CONTAINER SPECIFICATIONS The containers shall meet the following specifications in all material respects. Any deviations from the specifications should be described in the bid proposal and may be approved by the City Manager 1. Cart Body: Rotationally molded, first quality, Union Carbide GPEP-803-LMDPE. Certified to contain ultraviolet stabilization provided by the equivalent of .5% of UV 531 stabilization compound. Certified to meet a minimum ESCR rating exceeding 1000 hours for both 100% and 10% Igepal solutions. 2. Cart Handle Mounts: Integrally molded part of cart body. External handle diameter, 1.375 inches. Features three comfortable and convenient gripping areas. 3. Card Lit: Rotationally molded, first quality, Union Carbide GPEP-803-LMDPE. Nominal thickness, 0. 125 inches. Certified to contain ultraviolet stabilization provided by the equivalent of .5 % of UV stabilization compound. Attached with hinge which rotates with no interference. Encases PVC pipe within 1/4" walls. Domed to facilitate runoff of water. Imprinted with "Instructions" and "Indications and Contraindications" in English, French, and Spanish. 4. Wheel Retainers: Plastic coated steel. 5. AxleS: 5/8" galvanized solid steel fully supported by cart body. No bolts or rivets used for mounting. -1- 6. Wheels: 20 inch by 2 inch (nominal) HDPE. Minimum R.M.A. load rating of 180 pounds per wheel. 7. Safety Bar: Minimum 1.00 inch diameter, 16 gauge, galvanized steel tube. Stainless steel optional. Rotates freely on its axis to facilitate safe engagement and disengagement of dumper locking hook. Accessible for quick, clean, and easy removal and replacement from exterior of cart by maintenance personnel in the filed without use of power tools. 8. Capacity: Container volume 101 U.S. gallons. 9. Dimensions: Width: 31 inches. Fits through gates and doors. Length: 36 inches. Height: 45 lines. 10. COlOr: Ultraviolet stabilized, non-fading dark green, brown, black. Special colors available. 11. Stability: Designed to prevent being turned over by winds of up to 25 mph in any direction when empty. EXHIBIT A -2- AGREEMENT BETWEEN THE CITY OF TEMECULA FOR THE COLLECTION, TRANSPORTATION, RECYCLING AND DISPOSAL OF SOLID WASTE This Franchise Agreement ("Franchise Agreement") is entered into this __ day of , 1990, by and between the CITY OF TEMECULA ("City") and ("Grantee"), for the collection, transportation, recycling, composting and disposal of solid waste, compostables and recyclables. RECITALS WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 CAB 939"), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions; and WHEREAS, pursuant to California Public Resources Code Section 40059(a)(1), the City Council of the City of Temecula ("City") has determined that the public health, safety and well-being require that a partially exclusive franchise be awarded to a qualified solid waste enterprise for solid waste collection, recycling and disposal in [residential/commercial] areas in the City of Temecula; and WHEREAS, the City Council of the City of Temecula declares its intention of maintaining reasonable rates for collection and disposal of solid waste within City limits; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION 1. GRANT OF [COMMERCIAL/RESIDENTIAL EXCLUSIVE/NONEXCLUSIVE] FRANCHISE. This Franchise Agreement grants an exclusive/nonexclusive commercial/residential solid waste franchise as defined in SECTION 2., below, to , pursuant to Chapter 6.10 of the Temecula Municipal Code (hereinafter, "Chapter 6.10") and California Public Resources Code Section 40059(a)(1) for the collection of solid waste, compostables and recyclables in residential/commercial areas within the City of Temecula. (2) Notify residents that collection service will be available temporarily at the street location. (3) Notify the City when street is returned to service. Return containers if applicable. (4) Notify the residents of the date that collection service will again be delivered in the street location. Infrastructure Renovation - Periodically major renovation is necessary to maintain the infrastructure of the City. This includes such activities as replacing gas, water, and sewer lines, surfacing or resuffacing streets, and replacing wiring for telephone, electricity, or cable T.V. If the City is notified in advance of these activities, City will notify the Bidder. However, it is not uncommon for work to be initiated without prior notification. Alternate sanitation service must be provided during this period of disruption. Each circumstance must be evaluated individually to determine the appropriate alternative. The City shall be notified of the nature of the disruption, its location, and the alternative employed to provide service. (c) Street Blocked by Refuse - When material is placed in the street in such a way that the collection vehicle cannot proceed down the street, the Bidder may notify the City. The City will attempt to locate the individual responsible for the material and have them remove it. However, if the responsible party cannot be located, the Bidder shall remove the material blocking the alley and collect the refuse as scheduled. (d) Street Blocked by Illegally Parked Vehicle - This is usually a matter of hours, thus collection can be provided on the scheduled day. If necessary, collections shall be provided at start of shift on the following day. 8. FUTURE REQUIREMENTS The City may impose other requirements for pickup of recyclable materials throughout the life of the Franchise, to assist the City in meeting state mandated 10 SECTION 2. DEFINITIONS. Whenever any term used in this Franchise Agreement has been defined by Chapter 6.10 of the Temecula Municipal Code or Division 30, Part 1, Chapter 2 of the California Public Resources Code, the definitions in the Municipal Code or Public Resources Code shall apply unless the term is otherwise defined in this Agreement. A. AB 939. "AB 939" shall mean the California Integrated Waste Management Act of 1989, as it may be amended from time to time. B. BinS. "Bins" shall mean those containers provided by Grantee for commercial, industrial, construction and multi-family residential uses. Bins are of two types: (i) Bins (usually 3 cubic yards in size) which are picked up by refuse trucks by means of front loading apparatus; and (ii) Roll-Off Bins (usually 40 cubic yards in size) which are picked up by trucks using rear loading winches onto mils. C. City Limits. "City Limits" means the boundaries of the City together with all amendments and changes thereto, which boundaries are shown by maps incorporated herein by reference and which are on file in the office of the Clerk of the City Council. D. Grantee. "Grantee" means , the entity granted the Franchise pursuant to this Franchise Agreement. E. Special Wastes. "Special Wastes" shall mean all the items and materials which are set forth on Exhibit "B," "Special Wastes". 2 SECTION 3. ACCEPTANCE: WAIVER. Grantee agrees to be bound by and comply with all the requirements of Chapter 6.10 and this Franchise Agreement. Grantee waives Grantee's right to challenge the terms of this Franchise Agreement and Chapter 6.10 under federal, state or local law, or administrative regulation, as such laws and regulations exist as of the date of execution of this Agreement. Grantee waives any right or claim to serve the City or any part of the City under any prior grant of franchise, contract, license or permit issued or granted by any governmental entity including any right under Section 49520 of the Public Resources Code. SECTION 4. FRANCHISE AREA. A. Franchise Area Defined. The Franchise Area granted by this Franchise Agreement shall be all residential/commercial premises. As provided below, the Franchise Area may be changed by annexation. B. Annexation Covered by Existing Franchise. Territory annexed to the City that is covered by an existing solid waste permit, license, agreement or franchise granted by another public entity may continue to be served by the same grantee for the balance of the term of its permit, license, agreement or franchise, subject to the provisions of Chapter 6.10, and the provisions of this Franchise Agreement. SECTION 5. SERVICES PROVIDED BY GRANTEE. A. General. Grantee shall provide Refuse, Compostables and Recyclables collection, transportation, recycling and marketing services within the Franchise Area in accordance with the terms of this Franchise Agreement and Chapter 6.10. B. Single Family Residential. (1) Weekly Service. Once each week Grantee shall collect the Solid Waste, Compostables and Recyclables (except Bulky Wasfes and Special Wastes) which have been placed, kept or accumulated in Containers or Bins at single family residences within the Franchise Area and placed at curbside prior to Grantee's normal weekly collection time. All refuse must be placed within containers curbside without obstructions so as to permit collection. City agrees to use its best efforts to enforce parking and other ordinances so as to facilitate this refuse and recyclables collection system. Grantee may negotiate special pickup procedures with customers for an additional fee, in an mount approved by the City Manager. (2) Semi-Annual Service. Semi-annually on a day designated by City, Grantee shall collect Bulky Waste which has been placed at curbside in residential areas within the franchise area. Semi-annually, on dates designated by City as "Residential Hazardous Waste Roundup Day," Grantee will conduct a residential hazardous waste roundup at a central location designated by the City. Grantee agrees to prepare all applications and manifests and to obtain all necessary approvals. City shall not be designated as the generator. C. Multi-Family Residential. (1) Weekly Service. Not less often than once per week, and more frequently if required to handle the wastestream of the premises where the bins are located, Grantee shall collect the solid waste (including Bulky Wastes which have been placed in a closed bin) Compostables and Recyclables (except Special Wastes) which have been placed for collection in bins or recycling containers. (2) Annual Service. The same annual services provided, pursuant to Section 5B above, for single family residences shall be provided for multifamily residences. D. Recycling Program. The Grantee will provide recycling service in the franchise area in accordance with the terms set forth in Exhibit "C", "Recycling Program". E. Collection on Holidays. If the day of collection on any given route falls on a Holiday observed by the landfill or other lawful disposal site to which refuse collected within the franchise area is taken for disposal, or recycling facility to which recyclables are taken, Grantee shall provide collection service for such route on the workday next following such Holiday and shall not provide collection service on such Holiday, except that Grantee shall never provide collection service on New Year's Day, Thanksgiving Day or Christmas Day. F. Special Wastes. Grantee may, but is not required to, provide such collection, transportation and disposal services for Special Wastes. Grantee may provide such services for Special Wastes if contracted to do so by customers under separate written contracts negotiated between Grantee and the customer generating such Special Wastes. A schedule of fees for special waste services shall be approved by the City Manager. SECTION 6. FRANCHISE FEES. A Franchise Fee of __ percent (_%) of the Grantee's Gross Revenues shall be payable by Grantee to City 30 days after the close of each quarter of Grantee's fiscal year. 4 SECTION 7. REIMBURSEMENT OF CITY EXPENSES. The Grantee shall, within thirty (30) days after receipt from the City of a written itemization, reimburse the City for its reasonable costs of granting this Franchise Agreement to the extent not recovered by prepaid application fees, not to exceed Dollars ($ ). SECTION 8. LETTER OF CREDIT; INSURANCE COVERAGE. A. Cash Bond. Contemporaneously with the execution of this Franchise Agreement the Grantee shall deposit a cash bond in the sum of Ten Thousand Dollars ($10,000.00) in an interest bearing account. The cash bond shall be on terms acceptable to the City Attorney. The cash bond shall serve as security for the faithful performance by Grantee of all the provisions and obligations of this Franchise Agreement. (1) After thirty (30) days following Grantee's failure to pay the City an amount owing under this Franchise Agreement, the cash bond may be assessed by the City upon five (5) days prior written notice to the Grantee for purposes including, but not limited to: (a) Failure of Grantee to pay the City sums due under the terms of the Franchise Agreement. (b) Reimbursement of costs borne by the City to correct Franchise Agreement violations not corrected by Grantee, after due notice. (c) Monetary remedies or damages assessed against Grantee due to breach of the Franchise Agreement. (2) The Grantee shall deposit a sum of money sufficient to restore the cash bond to the original amount within thirty (30) days after notice from the City that any amount has been withdrawn from the cash bond. B. Insurance Coverage. Contemporaneously with the execution of this Franchise Agreement, the Grantee shall deposit copies of insurance policies or endorsements evidencing the existence of policies of insurance required pursuant to this Franchise Agreement. 5 SECTION 9. TERM; EXTENSIONS. A. The term of this Franchise Agreement shall be for eight (8) years, and shall commence on , and expire on SECTION 10. FRANCHISE TRANSFERRABLE; CITY CONSENT REOUIRED. A. The franchise granted by this Franchise Agreement shall not be transferred, sold, hypothecated, sublet or assigned, nor shall any of the rights or privileges herein be hypothecated, leased, assigned, sold or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, except the Grantee, either by act of the Grantee or by operation of law, without the prior written consent of the City expressed by resolution. Any attempt by Grantee to assign this franchise without the consent of City shall be void. B. If the Grantee attempts to transfer the franchise prior to obtaining City consent, all of the profits or twenty-five percent (25%) of the Gross Revenues, from the date of attempted transfer until the date of City consent, whichever is greater, shall be returned to the customers, on a pro rata basis. C. The City shall not unreasonably withhold its consent to a transfer of the franchise granted by this Franchise Agreement. The City may impose conditions of approval on a Franchise Agreement transfer, including, but not limited to conditions requiring acceptance of amendments to Chapter 6.10 and this Franchise Agreement, and the payment of a transfer fee to the City. D. City consent is required for any change in control of Grantee. "Change in control" shall mean any sale, transfer or acquisition of Grantee. Grantee is a corporation, and any acquisition of more than ten percent (10%) of Grantee's voting stock by a person, or group of persons acting in concert, who already owns less than 50 % of the voting stock, shall be deemed a change in control. E. Any change in control of the Grantee occurring without prior City approval shall constitute a material breach of this Franchise Agreement. 6 SECTION 11. FRANCHISE TRANSFER: FEES. A. Any application for a franchise transfer shall be made in a manner prescribed by the City Manager. The application shall include a transfer fee in an amount to be set by City by Resolution of the Council, to cover the cost of all direct and indirect administrative expenses including consultants and attorneys, necessary to adequately analyze the application and to reimburse City for all direct and indirect expenses. In addition, the Grantee shall reimburse the City for all costs not covered by the transfer fee. Bills shall be supported with evidence of the expense or cost incurred. The applicant shall pay such bills within thirty (30) days of receipt. B. These franchise transfer fees are over and above any franchise fees specified in this Franchise Agreement. SECTION 12. IMPOSITION OF DAMAGES OR TERMINATION A. If the City Manager determines that the Grantee's performance pursuant to this Franchise Agreement has not been in conformity with reasonable industry standards which obtain in similar cities in Southern California, the provisions of this Franchise Agreement, the requirements of Chapter 6.10, the requirements of the California Integrated Waste Management Board, including, but not limited to, requirements for source reduction and recycling (as to the waste stream subject to this Franchise Agreement) or any other applicable federal, state or local law or regulation, including but not limited to the laws governing transfer, storage or disposal of hazardous waste, the City Manager may advise Grantee in writing of such deficiencies. The Manager may, in such written instrument, set a reasonable time within which correction of all such deficiencies is to be made. Unless otherwise specified, a reasonable time for correction shall be sixty (60) days from the receipt by the Grantee of such written notice. The City Manager shall review the Grantee's response and refer the matter to the City Council or decide the matter and notify the Grantee of that decision, in writing. A decision or order of the City Manager shall be final and binding on Grantee if the Grantee falls to file a "Notice of Appeal" with the City Manager within 30 days of receipt of the City Manager's decision. Within ten working days of receipt of a Notice of Appeal, the Manager shall either refer the appeal to the City Council for proceedings in accordance with Section 12C-D, below, or refer the maUer to a hearing officer as provided in Section 13, below. B. The City Council, in such case, may set the matter for heating. The City Council shall give Grantee, and any other person requesting the same, fourteen (14) days written notice of the time and place of the hearing. At the hearing, the City Council shall 7 consider the report of the City Manager indicating the deficiencies, and shall give the Grantee, or its representatives and any other interested person, a reasonable opportunity to be heard. C. Based on the evidence presented at the public hearing, the Council shall determine by resolution whether the Franchise Agreement should be terminated or liquidated damages imposed. If, based upon the record, the City Council determines that the performance of Grantee is in breach of any material term of this Franchise Agreement or any material provision of any applicable federal, state or local statute or regulation, the City Council, in the exercise of its sole discretion, may terminate forthwith, the Franchise Agreement or impose liquidated damages, as defined below. The decision of the City Council shall be final and conclusive, subject to referral of the matter for an administrative heating pursuant to Section 13, below. Grantee's performance under its Franchise is not excused during the period of time prior to the City Council's final determination as to whether such performance is deficient. D. This right of termination or to impose liquidated damages is in addition to any other fights of City upon a failure of Grantee to perform its obligations under this Franchise Agreement. E. The City further reserves the right to terminate Grantee's Franchise or impose liquidated damages in the event of any of the following: (1) If the Grantee practices, or attempts to practice, any fraud or deceit upon the City. (2) If the Grantee becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of Grantee in a bankruptcy proceeding. (3) If the Grantee fails to provide or maintain in full force and effect, the workers compensation, liability and indemnification coverages or cash bond as required by the Franchise Agreement. (4) If the Grantee willfully violates any orders or rulings of any regulatory body having jurisdiction over the Grantee relative to this Franchise Agreement, provided that the Grantee may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of the Franchise Agreement shall be deemed to have occurred. 8 (5) If the Grantee ceases to provide collection service as required under this Franchise Agreement over all or a substantial portion of its Franchise Area for a period of seven (7) days or more, for any reason within the control of the Grantee. (6) If the Grantee willfully falls to make any payments required under the Franchise Agreement and/or refuses to provide City with required information, reports and/or test results in a timely manner as provided in the Franchise Agreement. (7) Any other act or omission by the Grantee which materially violates the terms, conditions or requirements of the Franchise Agreement, Chapter 6.10, the California Integrated Waste Management Act of 1989, as it may be amended from time to time or any order, directive, rule or regulation issued thereunder and which is not corrected or remedied within the time set in the written notice of the violation or, if the Grantee cannot reasonably correct or remedy the breach within the time set forth in such notice, if the Grantee should fall to commence to correct or remedy such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter. F. LIQUIDATED DAMAGES. (1) The City finds, and the Grantee agrees, that as of the time of the execution of this Franchise Agreement, it is impractical, if not impossible to reasonably ascertain the extent of damages which will be incurred by the City as a result of a material breach by Grantee of its obligations under this Franchise Agreement. The factors relating to the irapracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration and deprivation of the benefits of the Franchise Agreement to individual members of the general public for whose benefit this Franchise Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that services might be available at substantially lower costs than alternative services, and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Franchise Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. 9 (2) Accordingly, the City Council may, in its discretion, assess liquidated damages not to exceed the sum of Seven Hundred and Fifty Dollars ($750.00) per day, for each calendar day that service is not provided by Grantee in accordance with this Franchise Agreement. The amount of the liquidated damages shall be increased by the past year's consumer price index for the Los Angeles-Anaheim-Riverside area on the anniversary of this Franchise Agreement. In addition, the Council may order the assessment against the cash bond required by Section 8A, above, the termination of the Franchise Agreement, or both. (3) The City finds, and the Grantee acknowledges and agrees that the above- described liquidated damages provisions represent a reasonable sum in light of all of the circumstances. Said liquidated damages sums shall be applicable to each calendar day of delay during which Grantee has been found by the City Council to be in material default pursuant to this Section. The Grantee shall pay any liquidated damages assessed by the City Council within ten (10) days after they are assessed. If they are not paid within the ten-day period, the City may withdraw them from the security fund established by the cash bond required by Section 8A, above, order the termination of the Franchise granted by this Franchise Agreement, or both. SECTION 13. ADMINISTRATIVE HEARING PROCEDURES. A. Should Grantee contend that City is in breach of this Franchise Agreement, it shall file a request with the City Manager for an administrative hearing on the allegation. B. If either the City Manager or the City Council refers a matter to a hearing officer, or if the Grantee should allege a breach of the Franchise by the City, City and Grantee shall mutually agree on a hearing officer. If agreement is not reached within twenty working days of the filing of the notice of appeal, then Grantee shall select the heating officer from a list of three potential hearing officers who are retired California Superior Court judges or Appellate Court justices, none of whom are related to the paxties, prepared by the City Manager and approved by the City Council. C. The hearing shall be conducted according to California Code of Civil Procedure Section 1280, et sea_. The exclusive venue shall be in Orange County, California. A hearing officer to whom a matter is referred shall have the authority to (i) order the City or the Grantee to undertake remedial action to cure the breach and to prevent occurrence of similar breaches in the future; (ii) assess damages and/or levy a penalty upon the Grantee consistent with the terms of this Franchise Agreement; or (iii) find there has been no breach. If the 10 heating officer finds there has been no breach, such a decision precludes the City from conducting a default hearing. For any occurrence or series of related occurrences, the penalty may be up to five thousand dollars ($5,000.00). The amount of the penalty shall be reasonably related to the seriousness of the breach of the Franchise Agreement. D. The party losing the heating shall be liable for the hearing officer's fees. E. Any failure of the Grantee to comply with the hearing officer's order shall be deemed a material breach of the Franchise Agreement, and may be grounds for termination of the Franchise Agreement. F. The hearing officer shall commence the hearing within thirty (30) days of selection unless the parties and the hearing officer otherwise agree. Any party to the hearing may issue a request to compel reasonable document production from the other party. Disputes concerning the scope of document production and enforcement of document requests shall be subject to agreement by the parties, or if agreement is not reached within twenty (20) days of that document request, then by disposition by order of the hearing officer. Any such document request shall be subject to the proprietary rights and rights of privilege of the parties, and the hearing officer shall adopt procedures to protect such rights. Except as may be otherwise specifically agreed by the parties, no other form of pretrial discovery shall be available to the parties; provided that if either party notifies the hearing officer that a material violation of the Franchise or rights in connection therewith is claimed by either party, the provisions of Code of Civil Procedure Section 1283.05 shall apply. G. Neither party may communicate separately with the hearing officer after the hearing officer has been selected. All subsequent communications between a party and a hearing officer shall be simultaneously delivered to the other party. This provision shall not apply to communications made to schedule a hearing or request a continuance. H. Until final judgment is entered from the hearing officer proceeding under the foregoing provisions and the time for appeal or other post-judgment petition has expired, the imposition or enforcement of any penalties or sanctions provided in the Franchise Agreement and related to the subject matter of the hearing shall be stayed. The hearing officer may modify or cancel any proposed penalties or sanctions upon a finding that the party subject thereto acted with substantial justification, or if the interests of justice so require. 11 I. Any party to a hearing may petition the Superior Court in Orange County, California to confirm, correct or vacate the award on the grounds stated in the General Arbitration Act. Any proceedings on appeal shall be in accordance with Code of Civil Procedures § 1294 and § 1294.2. SECTION 14. CITY'S ADDITIONAL REMEDIES. In addition to the remedies set forth in Sections 12-13, above, City shall have the following rights: A. To rent or lease equipment from Grantee for the purpose of collecting, transporting and disposing of solid waste which Grantee is obligated to collect, transport and dispose of pursuant to this Franchise Agreement, for a period not to exceed six (6) months. In the case of equipment not owned by Grantee, Grantee shall assign to City, to the extent Grantee is permitted to do so under the instruments pursuant to which Grantee possesses such equipment, the right to possess the equipment. If City exercises its rights under this Section 13, City shall pay to Grantee the reasonable rental value of the equipment so taken for the period of City's possession thereof; B. The right to license others to perform the services otherwise to be performed by Grantee hereunder, or to perform such services itself; and C. The right to obtain damages and/or injunctive relief. Both parties recognize and agree that in the event of a breach under the terms of this Franchise Agreement by Grantee, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief, to enforce the provisions of this Franchise Agreement and to enjoin the breach thereof. SECTION 15. RIGHTS OF CITY TO PERFORM DURING EMERGENCY. A. Should Grantee, for any reason whatsoever, except the occurrence or existence of any of the events or conditions set forth in Section 27 A, "Force Majeure," below, refuse or be unable to collect, transport and dispose of any or all of the refuse, compostables and Recyclables which it is obligated under this Franchise Agreement to collect, transport and dispose of for a period of more than seventy-two (72) hours, and if as a result thereof, refuse, compostables and Recyclables should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager should find that such accumulation endangers or menaces the public health, safety or welfare, then in such event City shall have the right, upon twenty-four (24) hour prior written notice to Grantee, during the period of such emergency, to temporarily take possession of any or all equipment and facilities of Grantee previously used in the collection, transportation and disposal of refuse, compostables 12 and Recyclables under this Franchise Agreement, and to use such equipment and facilities to collect and transport any or all refuse, compostables and Recyclables which Grantee would otherwise be obligated to collect and transport pursuant to this Franchise Agreement. Grantee agrees that in such event it will fully cooperate with City to effect such a transfer of possession for City's use. B. Grantee agrees that, in such event, City may take temporary possession of and use all of said equipment and facilities without paying Grantee any rental or other charge, provided that City agrees that, in such event, it assumes complete responsibility for the proper and normal use of such equipment and facilities. City agrees that it shall immediately relinquish possession of all of the above-mentioned property to Grantee upon receipt of written notice from Grantee to the effect that it is able to resume its normal responsibilities under this Franchise Agreement. SECTION 16. PRIVACY. A. Grantee shall strictly observe and protect the rights of privacy of customers. Information identifying individual customers, or the composition or contents of a customer's refuse or recyclables shall not be revealed to any person, governmental unit, private agency or company, unless upon the authority of a court of law, by statute, or upon valid authorization of the customer. This provision shall not be construed to preclude Grantee from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by AB 939. B. Grantee shall not market or distribute outside the normal course of its business, mailing lists with the names and addresses of customers. C. The rights accorded customers pursuant to this Section shall be in addition to any other privacy right accorded customers pursuant to federal or state law. SECTION 17. REPORTS AND ADVERSE INFORMATION. A. Annual Reports. The City, pursuant to resolution adopted at least 60 days before the close of Grantee's fiscal year, may require that within 60 days after the close of Grantee's fiscal year, the Grantee shall submit a written annual report, in a form approved by the City, including, but not limited to, the following information: 13 (1) A summary of the previous year's (or, in the case of the initial report year, the initial year's) activities including, but not limited to, services begun or discontinued during the reporting year, and the number of customers for each class of service; (2) A report, in a form satisfactory to the City, on the City's progress in meeting and maintaining its ability to meet its goals under AB 939 as applied to the franchise area, along with any recommended changes. (3) A revenue statement, setting forth quarterly Franchise Fees, and the basis for the calculation thereof, certified by an officer of the Grantee; (4) A list of Grantee's officers and members of its board of directors. (5) A list of stockholders or other equity investors holding five percent (5 %) or more of the voting interest in the Grantee and any subsidiaries unless Grantee is a public corporation whose annual reports are publicly available. B. Adverse Information. Grantee shall provide City two copies of all reports, or other material adversely affecting the Franchise Agreement, submitted by Grantee to the EPA, the California Integrated Waste Management Board or any other Federal or State agency. Copies shall be submitted to City simultaneously with Grantee's filing of such matters with said agencies. Grantee's routine correspondence to said agencies need not be automatically submitted to City, but shall be made available to City upon written request, as provided in Section 26, below. (1) The Grantee shall submit to City copies of all plearings, applications, notifications, communications and documents of any kind, submitted by the Grantee to, as well as copies of all decisions, correspondence and actions by, any Federal, State and local courts, regulatory agencies and other government bodies relating specifically to Grantee's performance of services pursuant to this Franchise 'Agreement. Any confidential data exempt from public disclosure shall be retained in confidence by the City and its authorized agents and shall not be made available for public inspection. (2) Grantee shall submit to the City such other information or reports in such forms and at such times as the City may reasonably request or require. (3) All reports and records required under this or any other section shall be furnished at the sole expense of the Grantee. 14 (4) A copy of each of Grantee's annum and other periodic public financial reports and those of its parent, subsidiary and affiliated corporation and other entities, as the City requests, shall be submitted to the City within thirty (30) days after receipt of a request. C. Failure to Report. The refusal, failure, or neglect of the Grantee to file any of the reports required, or the inclusion of any materially false or misleading statement or representation made knowingly by the Grantee in such report shall be deemed a material breach of the Franchise Agreement, and shall subject the Grantee to all remedies, legal or equitable, which are available to the City under the Franchise Agreement or otherwise. SECTION 18. ANNUAL REVIEW OF PERFORMANCE AND QUALITY OF SERVICE. A. At City's sole option, within ninety (90) days of the first anniversary of the effective date of this Franchise Agreement, and each year thereafter throughout the term of the Franchise Agreement, City may hold a public hearing at which the Grantee shall be present and shall participate, to review the Grantee's performance and quality of service. The reports required by this Franchise Agreement regarding customer complaints shall be utilized as the basis for review. In addition, any customer may submit comments or complaints during the review meetings, either orally or in writing, and these shall be considered. B. Within thirty (30) days after the conclusion of the public hearing, City shall issue a report with respect to the adequacy of performance and quality of service. If any noncompliance with the Franchise is found, City may direct Grantee to correct the inadequacies in accordance with Sections 12 and 13, above. SECTION 19. SYSTEM AND SERVICES REVIEW. To provide for technological, economic, and regulatory changes in refuse collection and recycling, to facilitate renewal procedures, to promote competition in the refuse and recycling industry, and to achieve a continuing, advanced refuse collection and recycling system, the following system and services review procedures are hereby establisheli: A. At City's sole option, City may hold a public hearing on or about the second anniversary date of the Franchise Agreement at which the Grantee shall be present and shall participate, to review the refuse collection and recycling system and services. Subsequent 15 system and services review hearings may be scheduled by City each two (2) years thereafter. It is City's intent to conduct any system and services review concurrently with any Annual Review of Performance and Quality of Service as provided for in Section 18, above. B. Sixty (60) days after receiving notice from the City, Grantee shall submit a report to City indicating the following: All refuse collection composting and recycling services reported in refuse collection and recycling industry trade joumals that are being commonly provided on an operational basis, excluding tests and demonstrations, to communities in the United States with comparable populations, that are not provided to City; and (2) Changes recommended to improve the City's ability to meet the goals of AB 939. (3) Any specific plans for provision of such new services by the Grantee, or a justification indicating why Grantee believes that such services are not feasible for the ordinance area. C. Topics for discussion and review at the system and services review heating shall include, but shall not be limited to, services provided, feasibility of providing new services, application of new technologies, customer complaints, rights of privacy, amendments to the Franchise Agreement, developments in the law, new initiatives for meeting or exceeding AB 939's goals and regulatory constraints. D. City and the Grantee may each select additional topics for discussion at any systems and services review hearing. E. Not later than sixty (60) days after the conclusion of each system and service review hearing, City shall issue a report. The report shall include a listing of any refuse collection and recycling services not then being provided to City that are considered technically and economically feasible by City. City may require Grantee to provide such services within a reasonable time, for reasonable rates and compensation. SECTION 20. COMPENSATION. A. Grantee Rates. 16 Grantee shall provide the services described in this Franchise Agreement in accordance with the rates fixed by City from time to time, all as described below and as set forth in the "Schedule of Rates," which is attached as Exhibit "D". (1) Single and Multi-Unit Residential Collection. Disposal and Recycling Service. Grantee shall charge the monthly fees set forth in Exhibit "D" for each Single Unit Residential and each Multi-Family Residential unit customer. (2) Commercial Bin Collection, Disposal and Recycling Service. Grantee shall charge the monthly fee set forth in Exhibit "D" for each Bin based on the size of the Bin and the frequency of service. (3) Special Services. Grantee may also charge fees for performance of Special Services (e.g., the hauling and disposing of Special Wastes) as agreed upon in separate contracts between Grantee and each customer requesting such special service. All such fees and payments shall be subject to the approval of the City Manager. (4) Redelivery Fees. Grantee may charge a redelivery fee for containers removed due to nonpayment, and may also require payment in advance for reinstatement of future service. All such fees and payments shall be subject to the approval of City. B. Modification and Adjustment of Rates. Except as provided in Exhibit "D," the rates set forth on Exhibit "D" shall remain in effect until adjusted by City, by resolution of the City Council. C. Notice of Rate Increases: The Grantee shall provide the City and customers, at least sixty (60) days in advance of the beginning of a billing period, written notice of the implementation of changes in any of its rates and charges which are not subject to regulation by the City. The notice shall include a statement of the reasons for the rate increase. D. Resolution of Disputes Regarding Rate Adjustments: Any dispute regarding the annual "CPI" and Tipping Fee adjustment, or the computation thereof, described in Exhibit "D," or any other dispute regarding Grantee's reimbursement for fees, special services or extraordinary costs described in Exhibit 'D, " shall be decided by the City Manager, or referred by the Manager to the City Council, or to a hearing officer as provided in Section 13 above. The rates in effect at the time such dispute is submitted to the City Council or to a hearing officer shall remain in effect pending resolution of such dispute. The effective date of any dispute resolution, whether retroactive or prospective, shall reasonably be determined by the City Council, or the heating officer, as appropriate. 17 E. Billing and Payment: (1) Grantee may bill all customers for all services, whether regular or special. Grantee shall provide itemized bills, distinctly showing charges for all classifications of services, including the charges for late payment. The Grantee shall not designate that portion of a customer's bill attributable to the franchise fee as a separate item on customers' bills. Billings may be made monthly in advance for commercial and all bin service customers, and may be made three (3) months in advance for all residential customers. (2) City may, at City's sole option, elect to bill residents for refuse collection and recycling through a parcel charge. Should the City institute a parcel charge, Grantee shall be paid on and for the premises served. Retroacfive adjustments shall be made on the basis of addresses of premises added and the date added. Premises ordered after the first of the month shall be charged on a prorated 30 day/monthly basis. F. Delinquent Accounts. Grantee may discontinue service as set forth in this section. Persons who have not remitted required payments within 30 days after the date of billing shall be notified on forms approved by City. Said forms shall contain a statement that services may be discontinued 15 days from the date of notice if payment is not made before that time. Upon payment of the delinquent fees, Grantee shall resume collection on the next regularly scheduled collection day. G. Refunds. Grantee shall refund to each customer, on a pro rata basis, any advance service payments made by such customer for service not provided when service is discontinued by the customer. SECTION 21. COLLECTION EOUIPMENT. Grantee shall provide an adequate number of vehicles and equipment for the collection, disposal and transportation services for which it is responsible under this Franchise Agreement. All vehicles used by Grantee under this Franchise Agreement shall be registered with the Department of Motor Vehicles of the State of California, shall be kept clean and in good repair, shall be uniformly painted and shall be no older than ten (10) years. Solid waste collection vehicles shall be washed at least once every seven (7) calendar days. Grantee's name, telephone number and vehicle number shall be visibly displayed on its vehicles in letters and figures no less than five inches (5") high. All refuse collection vehicles shall display the words "Serving the City of Temecula" in letters no less than eight inches (8") high. All vehicles will display the seal of the City of Temecula, in a figure at least twelve inches (12") in diameter. The equipment of Grantee used under this Franchise Agreement shall be subject to inspection by City on a semi-annual basis but shall not be subject to any permit fees therefor. 18 SECTION 22. PUBLIC ACCESS TO GRANTEE. A. Office Hours. Grantee's office hours shall be, at a minimum, from 8:00 a.m. to 5:00 p.m. daily, on all collection days. A representative of Grantee shall be available during office hours for communication with the public at Grantee's principal office. Grantee shall also maintain an after hours telephone number for use during other than normal business hours. Grantee shall have a representative or answering service available at said after-hours telephone number during all hours other than normal office hours. B. Service Complaints. (1) All customer complaints shall be directed to Grantee. Grantee shall record all complaints received by mail, by telephone or in person (including date, name, address of complainant and nature of complain0. Grantee agrees to use its best efforts to resolve all complaints by close of business of the second business (waste collection) day following the date on which such complaint is received. Service complaints may be investigated by the City Manager or the Manager's designee. Unless a settlement satisfactory to complainant, the Grantee and the Manager's designee is reached, the complainant may refer the matter to the City Manager for review. (2) Grantee will maintain records listing the date of consumer complaints, the customer, describing the nature of the complaint or request, and when and what action was taken by the Grantee to resolve the complaint. All such records shall be maintained for a period of three (3) years, and shall be available for inspection by City. Grantee shall prepare monthly summaries of consumer complaints. The summaries shall be available and delivered monthly to the City Manager or the City Manager's designated representative. C. Government Liaison Person. The Grantee shall designate a "government liaison person" who shall be responsible for working with the City Manager or the City Manager's designated representative to resolve consumer complaints. SECTION 22t. RESOLUTION OF DISPUTED CUSTOMER COMPLAINTS. A. The Grantee shall notify customers of this complaint arbitration procedure at the time customers apply for service, and subsequently, annually. 19 B. A customer dissatisfied with Grantee's decision regarding a complaint may ask the City review the complaint. To obtain this review, the customer must request City review within 30 days of receipt of Grantee's response to the Complaint, or within 45 days of submitting the complaint to the Grantee, if the Grantee has failed to respond to the complaint. The City may extend the time to request its review for good cause. C. Before reviewing the complaint, the City Manager shall refer it to the Grantee. If the Grantee fails to cure the complaint within ten (10) days, the City Manager shall review the customer's complaint and determine if further action is warranted. The City Manager may request written statements from the Grantee and customer, and/or oral presentations. D. The City Manager shall determine if the customer's complaint is justified, and if so, what remedy, if any, shall be imposed. The remedy under this Section shall be limited to a rebate of customer charges related to the period of breach of any of the terms of this Franchise Agreement or a penalty of up to $100 for any single event or series of related events, or any actual damages. E. The City Manager may delegate his duties to a designee. The decision of the City Manager or his designee shall be final on any matter under Five Thousand Dollars ($5,000.00). In the event of a decision on a matter awarding five thousand dollars or more ($5,000), Grantee may seek review pursuant to Section 13, above. SECTION 24. OWNERSHIP OF SOLID WASTE. Once refuse, compostables and Recyclables are placed in containers or bins for collection or at curbside, ownership shall transfer to Grantee. Subject to Grantee's duty to meet the source reduction and recycling goals which apply to City, Grantee is hereby granted the right to retain, recycle, compost, dispose of and otherwise use such refuse, compostables and Recyclables, or any part thereof, in any lawful fashion or for any lawful purpose desired by Grantee. Subject to the provisions of this Franchise Agreement, Grantee shall have the right to retain any benefit or profit resulting from its right to retain, recycle, compost, dispose of or use the refuse or Recyclables which it collects. Refuse which is disposed of at a disposal site or sites (whether landfill, transformation facility, transfer station or material recovery facility) shall become the property of the owner or operator of the disposal site or sites once deposited there by Grantee. 20 SECTION 25. INDEMNIFICATION AND INSURANCE. A. Indemnification of City. Grantee agrees that it shall protect, defend with counsel approved by City, indemnify and hold harmless City, its officers, employees and agents from and against any and all losses, liabilities, fines, penalties, claims, damages, liabilities or judgments, including attorneys fees, arising out of or resulting in any way from Grantee's exercise of the franchise, unless such claim is due to the sole negligence or willful acts of the City, its officers, employees, agents or contractors, or from the City's grant of this franchise to Grantee. Subject to the scope of this indemnification and upon demand of the City, made by and through the City Attorney, the Grantee shall appear in and defend the City and its officers, employees and agents in any claims or actions, whether judicial, administrative or otherwise arising out of the exercise of the Franchise Agreement. B. Indemnification of Grantee. The City shall indemnify, defend and hold the Grantee, its affiliates and their respective officers, directors, employees and shareholders harmless from and against any and all liabilities, losses, damages, claims, actions, causes of action, costs and expenses (including reasonable attomeys' fees) arising from or in any manner related to the sole negligence or willful acts of the City, its officers, employees, agents or contractors. C. Hazardous Substances Indemnification. Grantee shall indemnify, defend with counsel approved by City, protect and hold harmless City, its officers, employees, agents, assigns and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costs, response remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its officers, employees, agents or Grantees arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Substance or hazardous wastes at any place where Grantee stores 21 or disposes of municipal solid waste pursuant to this Franchise Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, "CERCLA", 42 U.S.C. Section 9607(e) and California Health and Safety Code Section 25364, to insure, protect, hold harmless and indemnify City from liability. D. AB 939 Indemnification. Grantee agrees to protect, defend (with counsel approved by City) and indemnify City against all fines or penalties imposed by the California Integrated Waste Management Board in the event the source reduction and recycling goals or any other requirement of AB 939 are not met by City with respect to the waste stream collected under this Franchise Agreement. E. Workers' Compensation Insurance. Grantee shall obtain and maintain in full force and effect throughout the entire term of this Franchise Agreement full workers compensation insurance in accord with the provisions and requirements of the Labor Code of the State of California. Endorsements that implement the required coverage shall be filed and maintained with the City Clerk throughout the term of this Franchise Agreement. The policy providing coverage shall be amended to provide that the insurance shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to City. The policy shall also be amended to waive all rights of subrogation against the City, its elected or appointed officials, employees, agents or Grantees for losses which arise from work performed by the named insured for the City. F. Public Liability Insurance. Grantee shall obtain and maintain in full force and effect throughout the entire term of this Franchise Agreement a Broad Form Comprehensive General Liability (occurrence) policy with a minimum limit of TEN MILLION DOLLARS ($10,000,000.00) aggregate and ONE MILLION DOLLARS ($1,000,000.00) per occurrence for bodily injury and property damage, with any self-insured retention not exceeding $200,000.00 per occurrence. Said insurance shall protect Grantee and City from any claim for damages for bodily injury, including accidental death, as well as from any claim for property damage which may arise from operations performed pursuant to this Franchise Agreement, whether such operations be by Grantee itself, or by its agents, employees and/or subgrantees. Copies of the policies or endorsements evidencing the above required insurance coverage shall be filed with the City Clerk. All of the following endorsements are required to be made a part of the insurance policies required by this Section: 22 (1) "The City, its employees, agents, Grantees and officers, are hereby added as insureds as respects liability arising out of activities performed by or on behalf of Grantee." (2) "This policy shall be considered primary insurance as respects any other valid and collectible insurance the City may possess including any self-insured retention the City may have, and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it." (3) "This insurance shall act for each insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company." (4) "Thirty (30) days prior written notice by certified mall, return receipt requested, shall be given to the City in the event of suspension, cancellation, reduction in coverage or in limits or non-renewal of this policy for whatever reason. Such notice shall be sent to the City Clerk." The limits of such insurance coverage, and companies, shall be subject to review and approval by the City Manager every year and may be increased at that time and match the coverage provided by the City's own liability insurance policy. The City shall be included as a named insured on each of the policies, or policy endorsements. G. Modification. The insurance requirements provided herein may be modified or waived in writing by the City Council upon the request of Grantee, provided the City Council determines such modification or waiver is in the best interests of City considering all relevant factors, including the fact that the parent of Grantee may be self-insured up to a certain acceptable amount. SECTION 26. GRANTEE'S BOOKS AND RECORDS: AUDITS. A. Grantee shall maintain all records relating to the services provided hereunder, including, but not limited to, customer lists, billing records, maps, AB 939 compliance records, and customer complaints, for the full term of this Franchise Agreement, and an additional period of not less than three (3) years, or any longer period required by law. The City shall have the right, upon five (5) business days advance notice, to inspect all maps, AB 939 compliance records, customer complaints, and other like materials of the Grantee which reasonably relate to Grantee's compliance with the provisions of the Franchise Agreement. 23 Such records shall be made available to City at Grantee's regular place of business, but in no event outside the County of Orange. B. Should any examination or audit of Grantee' s records reveal an underpayment of any fee required under this Franchise Agreement, the amount of such underpayment shall become due and payable to City not later than fifteen (15) days after written notice of such underpayment is sent to Grantee by City. Should an underpayment of more than three percent (3%) be discovered, Grantee shall bear the entire cost of the audit. SECTION 27. GENERAL PROVISIONS. A. Force Majeure. Grantee shall not be in default under this Franchise Agreement in the event that the collection, transportation and/or disposal services of Grantee are temporarily interrupted or discontinued for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides and fires, strikes, lockouts and other labor disturbances or other catastrophic events which are beyond the reasonable control of Grantee. Other catastrophic events does not include the financial inability of the Grantee to perform or failure of the Grantee to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Grantee. In the event a labor disturbance interrupts collection, transportation and/or disposal of refuse by Grantee as required under this Franchise Agreement, City may elect to exercise its rights under Section 15 of this Agreement. B. Independent Contractor. Grantee is an independent contractor and not an officer, agent, servant or employee of City. Grantee is solely responsible for the acts and omissions of its officers, agents, employees, Grantees and subgrantees, if any. Nothing in this Franchise Agreement shall be construed as creating a partnership or joint venture between City and Grantee. Neither Grantee nor its officers, employees, agents or subgrantees shall obtain any rights to retirement or other benefits which accrue to City employees. 24 C. Pavement Damage. Grantee shall be responsible for any extraordinary damage to City's driving surfaces, whether or not paved, resulting from the weight of vehicles providing refuse collection services at the location of Bins and containers on public or private property. D. Property Damage. Any physical damage caused by the negligent or willful acts or omissions of employees, Grantees or subgrantees of the Grantee to private or public property shall be repaired or replaced. E. Right of Entry. Grantee shall have the right, until receipt of written notice revoking permission to pass is delivered to Grantee, to enter or drive on any private street, court, place, easement or other private property for the purpose of collecting or transporting refuse pursuant to this Franchise Agreement. F. Law to Govern; Venue. The law of the State of California shall govern this Franchise Agreement. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Riverside. In the event of litigation in a U.S. District Court, exclusive venue shall lie in the Central District of California. G. Fees and Gratuities. Grantee shall not, nor shall it permit any agent, employee or subgrantee employed by it to, request, solicit, demand or accept, either directly or indirectly, any compensation or · gratuity for the collection of refuse otherwise required to be collected under this Franchise Agreement. H. Prior Agreements and Amendment. This Franchise Agreement is intended to carry out City's obligations to comply with the provisions of the California Integrated Waste Management Act of 1989, CAB 939") as it from time to time may be amended, and as implemented by regulations of the California Integrated Waste Management Board ("Regulations"), as they from time to time may be amended. In the event that AB 939 or other state or federal laws or regulations enacted after 25 this Franchise Agreement has been enacted, prevent or preclude compliance with one or more provisions of this Franchise Agreement, such provisions of the Franchise Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. No other amendment of this Franchise Agreement shall be valid unless in writing duly executed by the parties. I. Compliance with Franchise Agreement. Grantee shall comply with those provisions of the Temecula Municipal Code which are applicable, and with any and all amendments to such applicable provisions during the term of this Franchise Agreement. J. Notices. All notices required or permitted to be given under this Franchise Agreement shall be in writing and shall be personally delivered or sent by telecopier or United States certified mail, postage prepaid, return receipt requested, addressed as follows: To City: City of Temecula 43172 Business Park Drive Temecula, California 92390 Attention: David F. Dixon, City Manager Telecopier: (714) 694-1999 Copy to: City Attorney 3200 Bristol Street, Suite 640 Costa Mesa, CA 92626 To Grantee: California 92714 Attention: Telecopier: Copy To: Telecopier: 26 or to such other address as either party may from time to time designate by notice to the other given in accordance with this Section. Notice shall be deemed effective on the date personally served or, if mailed, three (3) business days from the date such notice is deposited in the United States mall. K. Savings Clause and Entirety. If any non-material provision of this Franchise Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Franchise Agreement. L. Exhibits Incorporated. Exhibits "A" through "D" are attached to and incorporated in this Franchise Agreement by reference. M. Identification Required: (1) Grantee shall provide its employees, Grantees and subgrantees with identification for all individuals who may make personal contact with residents of the City. (2) The Grantee shall provide a list of current employees, Grantees and subgrantees to the City upon request. The City may require the Grantee to notify customers yearly of the form of said identification. WITNESS the execution of this Agreement on the day and year written above. CITY OF TEMECULA ATTEST: By: Mayor City Clerk 27 APPROVED AS TO FORM: SCOTT F. FIELD, City Attorney By: ACKNOWLEDGMENT STATE OF , ) COUNTY OF ) On , before me , personally appeared personally known to me or proved to be the person who executed the within instrument entitled AGREEMENT BETWEEN THE CITY OF TEMECULA AND , FOR THE COLLECTION, TRANSPORTATION, RECYCLING AND DISPOSAL OF SOLID WASTE, as , on behalf of , a California corporation, and acknowledged to me that such execution was pursuant to its bylaws or a resolution of its board of directors. DATE: CORPORATE SEAL 28 EXHIBIT A FRANCHISE AREA All portions of the City shown on the map attached as Exhibit A-1. Exhibit B Special Wastes Flammable waste. Containerized waste (e.g., a drum, barrel, portable tank, box, pail, etc.). Waste transported in a bulk tanker. Liquid waste. Sewage sludge. Waste from a pollution control process. Residue and debris from the cleanup of a spill or release of chemical substances, commercial products or any other special wastes. Contaminated soil, waste, residue, debris and articles from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation or disposal of any other special wastes. Dead animals. Manure. Waste water. Explosive substances. Radioactive materials. Materials which have been exposed to highly infectious or contagious diseases. Hazardous materials. Exhibit "C" Recycling Program A. Grantee agrees that it will cause at least twenty-five percent (25 %) of the waste stream collected under this Franchise Agreement to be diverted from ultimate deposit in landfills or transformation facilities by January 1, 1995, in accordance with the regulations implementing the California Integrated Waste Management Act of 1989 (as amended) (also known as "AB 939"). B. Not later than 120 days after the execution of this Franchise Agreement, Grantee will institute a two barrel recycling system pursuant to Chapter 6.10. The initial recycling barrels will be provided by Grantee at Grantee's expense. Grantee will replace recycling barrels as may be necessary as a result of normal wear and tear. C. Grantee guarantees to City that said twenty-five percent (25%) of the City's waste stream shall be diverted annually by January 1, 1995, and if this franchise remains in effect until January 1, 2000, fifty percent (50%) shall be diverted by January 1, 2000 as required by AB 939, as amended. The failure of Grantee to achieve these goals shall be deemed a material breach of this Franchise Agreement. D. Grantee will provide City with written reports in a form adequate to meet City's reporting requirements to the California Integrated Waste Management Board, and to the County of Orange throughout the term of this Franchise Agreement wherein its performance under this program is set forth in detail. E. The parties contemplate that the City may elect to require the use of residential refuse barrels equipped for use in automated or semiautomated refuse and Recyclable collection systems, in conjunction with the use of a materials recovery facility, to recover recyclables. (1) At such time as a materials recovery facility (MRF) becomes available to accept the solid waste from the franchise area covered by this Franchise Agreement, City may at its sole option and upon three (3) months notice, require Grantee to implement an automated or semiautomated collection system City and Grantee will negotiate a reasonable adjustment in rates. Grantee, at Grantee's sole expense, will provide barrels equipped for use in the automated or semiautomated collection system. If City elects to require Grantee to use a mechanized collection system, Grantee shall provide each Single Family Residence with one barrel equipped for automated or semiautomated collection. If any customer requests an additional barrel or barrels, Grantee shall provide the additional barrel or barrels and may charge an additional monthly fee, in an amount approved by the City Council. (2) City agrees that it will cooperate, participate and consult with Grantee in an effort to develop a new solid waste Material Recovery Facility Site in southern Orange County which is mutually acceptable to City and Grantee. In the event such a jointly selected site is located during the term of this Franchise Agreement, Grantee agrees that it will expend all funds reasonably necessary to acquire, design, develop, construct and permit such a MRF, and that City shall not be required to expend any funds whatsoever in regard thereto. (3) In the event such a jointly selected MRF is duly permitted for operation during the term of this Franchise Agreement, parties agree that they shall renegotiate the recycling and diversion fees and costs (but not the base rate of collection) set forth on Exhibit "D". Exhibit "D" Schedule of Rates Single-Family Residential Collection Disposal and Recycling/Grantee Billing Rate $.__ Mechanized Single-Family Residential Collection, Disposal and Recycling Rate/Grantee Billing Rate $.__ Single-Family Residential Collection, Disposal and Recycling Rate/Parcel Charge Rate $__ Mechanized Single-Family Residential Collection, Disposal and Recycling Rate/Parcel Charge Rate $ Commercial and Multi-Family Residential Commercial Bin Rate (one 3 cubic yard bin) 1 x week $.__ 2 x week $.__ 3 x week $ 4 x week $ 5 x week $.__ 6 x week $.__ 6. 40 cubic yard Rolloff Container 7. 10 cubic yard Lowboy Demolition Box 8. Annual Consumer Price Index ("CPI") and Tipping Fee Adjustment. The maximum rates in paragraphs D 1-7, above, shall be automatically adjusted to reflect changes in the consumer price index and tipping fees. The CPI adjustment shall be made annually and such adjustment shall be effective as of the first day of July of each calendar year. The "CPI adjustment shall be equal to the amount derived by multiplying (a) the previous rate by (b) the percentage increase or decrease in the Consumer Price Index for all urban consumers within the Los Angeles-Anaheim-Riverside Metropolitan Area during the prior calendar year, excluding the housing component. The comparison shall be made for each March 1 st during the term hereof and shall be effective each July 1 st. The first CPI adjustment shall occur July 1, 1991. The tipping fee adjustment shall be a pro-rata pass through of any tipping fee increase, and shall be effective at the start of the first full billing period after the tipping fee is adjusted. 9. Extraordinary Costs. In addition to, and not in lieu of, the annual CPI increase or decrease described in paragraph D 8, above, Grantee shall also be entitled to rate increases or decreases in an amount equal to Grantee's extraordinary increases or decreases in its cost of collection. Such extraordinary cost increases or decreases shall be subject to City Council approval. Such extraordinary increases or decreases in its cost of collection shall include, by way of example and not by way of limitation: (1) a change in the location of the landfill or other lawful disposal sites to which the Grantee is required to transport Solid Waste collected hemunder; (2) increase or decreases in other permit fees payable by Grantee based on its operations hereunder; and (3) changes in the local, state or federal laws governing collection, separation, transportation or disposal of Solid Waste. 10. Recycling Revenue Sharing. A. Beginning , Grantee agrees to equally share with City gross revenues which are received from the sale of recycled materials collected by Grantee from this Recycling Program. A final annual report shall be delivered by Grantee to the City within sixty (60) days after the end of each contract year during the term of this Franchise Agreement. B. Grantee shall not begin to charge customers for residential recycling until the effective date of the recycling program. Exhibit "E" Schedule for Act Compliance To assist City with compliance of requirements of the Act, Grantee through its subcontractor shall submit the followng documents to City by the appropriate deadline: Document Deadline 1. Preliminary Draft Source March 15, 1991 Reduction and Recycling CSR&R") Elements 2. Revised SR&R Elements May 1, 1991 3. Comments on Final Draft May 30, 1991 SR&R Elements LAW OFFICES BURKE, WILLIAMS & SORENSEN 3200 BRISTOL STREET VENTURA COUNTY OFFICE 2310 FlONDE~OSA D~IVE SUITE I CAMARILLO. CALIFORNIA 93010 18051 987-3468 TELECOPIER 1805) 482-9834 SUITE: 640 COSTA MESA, CALIFORNIA 92626 (714) 545-5559 December 19, 1990 LOS ANGELES OFFICE ONE WILSHIRE BUILDING 624 SOUTH GRAND AVENUE, IIT~ F'LOOR LOS ANGELES, CALIFORNIA 90017 (213) 236-0600 TE:LECOP'ER: (213) 236-2700 CERTIFIED MAIL - P 656 807 263 RETURN RECEIPT REOUESTED Western Waste Industries P. o. Box 2356 Corona, CA 91720 Re: Solid Waste Collection and DisDosal in the city of Temecula Dear Sir: On December 11, 1990, the City Council of the City of Temecula took the following actions: 1. Notification that any riqhts accruinq under Public Resources Code Section 49520 are terminated: The City of Temecula is presently establishing a new solid waste collection, disposal and recycling program and as part of that program, it will be selecting one or more new haulers to serve the city. Once.~hose new hauler(s) are franchised, all other hauling permits issued by the County will be terminated, except those haulers who meet the requirements of Public Resources Code Section 49520. Secti~n 49520 provides that refuse haulers who have been serving the City of Temecula pursuant to a permit for at least the past three years, are entitled to five years notice before the permits are terminated. AcCordinqly. vou are hereby notified that if vou are such a WqrandfatheredW hauler. vour existinq County Dermit is hereby terminated. effective December 18. 1995. This letter is not to suggest that the City has concluded that you are entitled to grandfather rights under Section 49520. To the contrary, if you have not been serving the City for the past three years, then your current permit will not be extended past the date the city selects its new franchised haulers, which date is anticipated to be no later than March 1, 1991. Only if, in fact, you Western Waste Industries December 19, 1990 Page 2 have been serving customers within the city for the past three years pursuant to a valid County permit are you entitled to the five year termination right provided for under this letter. 2. 5.5% of Gross Revenues Due the city: As you may know, the City of Temecula incorporated on December 1, 1989. On that date, the City also adopted by reference Riverside County Ordinance No. 657, establishing the present solid waste collection/transfer and removal system. Pursuant to that Ordinance, you were permitted to collect in Temecula. Because your permit with the County is now in the jurisdiction of the City of Temecula, all collection permit fees since December 1, 1989 are owing to the City of Temecula. As you know, those fees are 5.5% of the gross revenues and are payable quarterly. will you please forward to the City within thirty (30) days of this letter, all fees previously accruing since December 1, 1989. Payment should be directed to the City of Temecula, 43172 Business Park Drive, Temecula, CA 92390, Attention: Mary Jane Henry, Manager of Finance. For your reference, attached is a map setting forth the boundaries of Temecula. 3. 1991 Haulinq Permits: Applications for 1991 hauling permits can be obtained from Mr. Joe Hreha, at 43180 Business Park Drive, Temecula, CA (714- 694-1989). Permit fees will be based upon the schedule contained in the enclosed Resolution. However. olease take notice that the oermits are subiect to early termination concurrent with city issuance of new haulinq franchises. At that time the unused Dortion of Your oermit fees will be reimbursed. 4. Inteqrated Solid Waste Ordinance: The City Council introduced the enclosed Ordinance regulating solid waste collection, disposal and recycling, at its Council meeting on December 11, 1990. This Ordinance authorizes the issuance of solid waste franchises. The Council will consider adoption of this Ordinance at its December 18, 1990 meeting. Western Waste Industries December 19, 1990 Page 3 5. Request For Prooosals/Franchise Aqreement: Enclosed please find the City's draft Solid Waste Request For Proposals, which includes a model franchise agreement. The Council is circulating these documents for public comment. The Council will consider issuing the Request For Proposal at its January 8, 1991 Council meeting. If you wish to provide written comments regarding this draft, they should be submitted to the Temecula Deputy City Clerk, Ms. June Greek, located at 43172 Business Park Drive, Temecula, CA 92390 (714) 694-1989, no later than December 30, 1990. In addition, you are welcome to provide oral testimony at the January 8, 1991 City Council meeting, which will be held at 7:00 p.m. at the Temecula Community Center located at 28816 Pujol Street, Temecula, California. If I can be of any further assistance, please feel free to call me. Sincerely, Scott F. Field City Attorney CITY OF TEMECULA sff/LTR15099:bjj cc: David F. Dixon, City Manager Mary Jane Henry, Finance Manager Joe Hreha, Director of Information Services Robert Nelson, Director of County Waste Management N <,~ct I j-.l,jq.' ~ A r" S~ Slt'~.~. _ ..'II!!~.II!!B" .... ~.II!! BII!!I'VI'. ...~ ..,..",.... "#e~'" .S. ......U December 31, 1990 City of Temecula 43172 Business Park Drive Temecula, CA 92390 Attn: Ms. June Greek, Temecula Deputy City Clerk Thank you for the opportunity to review the City's draft Solid Waste Request for Proposals. We submit the following comments for your consideration. 1) The Request for Proposals states in III - General Specifications, 3. - Franchise Term, "The term of all franchises shall be eight years," whereas; The Model Agreement - states in Section 9 Term; Extensions, A. "The term of this franchise agreement shall be for five (5) years"... B. "The City has an option to extend the franchise three (3) years." 2) Request for proposals - Exhibit A - Minimum Container Specifications. These container specifications are limited to a single manufacturer of residential containers. There are several high quality container manufacturers in the industry, each varying somewhat on the manufacturing process, capacity, dimensions, colors and other elements of the containers. Is it your intention to set a minimum limit to the containers, especially in: a) Capacity to 101 + U.S. gallons. b) Wheel dimensions of 20 inches by 2 inches. 3) Request for Proposals, III - General Specifications, 6. Integrated Waste Management Plan and Source Reduction and Recycling Element. Is there any provision whereby the successful exclusive residential franchisee will be reimbursed by the "grandfathered" residential haulers for their fair share cost of the SRRE? Thank you again for your consideration of these comments. Respectfully, \.- - ~ -LJ ~. ,C,:>, .''v'{..r~ I.\'V l~n~ AI Simonian Vice President (714) 591-1718 13793 REDWOOD AVE.. CHINO. CA 91710 FAX (714) 628-5057 RECYCLED PAPER