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Home My WebLink About021390 CC AgendaCALL TO ORDER= ROLL CALL= Invocation Flag Salute PRESENTATIONS/ PROCLAMATIONS .AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING FEBRUARY 13~ 1990 PUBLIC COMMENTS CONSENT CALENDAR Pastor Marty Edwards Lamb's Fellowship Birdsall, Lindemans, Moore, Parks Munoz, Resolution co-sponsoring "Meet Your Judges" Week March 4-10, 1990 Resolution proclaiming March as "Women's History Month". 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 to be removed from the Consent Calendar for separate action. Minutes RECOMMENDATION: 1.1 Approve minutes of the meeting of January 23, 1990 as mailed. Agenda 21390 I en' His ry City Council Agenda February 13, 1990 Tract Map 23484 - Vacating drainage easement Request to vacate a drainage easement created Sept. 17, 1987, which has been superseded by Tract Map No. 23483, and containing no other public facilities within the easement· RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUMMARILY VACATING A DRAINAGE EASEMENT FOR TRACT 23483. Investments in the Local Agency Investment Fund RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING INVESTMENT OF CITY MONIES IN THE LOCAL AGENCY INVESTMENT FUND Second Reading Municlpal Code of Ordinance Establlshing the Temecula RECOMMENDATION: 4.1 Adopt and read by title only an ordinance entitled: ORDINANCE NO. 90- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE TEMECULA MUNICIPAL CODEr AND ENACTING TITLES lv2 AND 3 THEREOF RELATING TO GENERAL PROVISIONS, ADMINISTRATION AND PERSONNEL~ AND REVENUE AND FINANCE Agenda 21390 2 Februa~ 9. 1990 City Council Agenda February 13, 1990 Adoption of Permanent City Ordinances Consideration of an ordinance which adopts by reference portions of the Non-Codified Riverside County ordinances. RECOMMENDATION: 5.1 Introduce ordinance and direct that a Public Hearing be noticed for a second reading on February 27, 1990. e Resolution Approving Payment of Demands RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, APPROVING THE WARRANT REGISTER, DATED FEBRUARY 13, 1990 CSD MEETING (TO be held at 8:00 p.m.) See Separate Agenda PUBLIC HEARINGS 7. Outdoor Advertisement 1170 Plot plan for outdoor billboard sign approved by the County of Riverside Planning Department for location generally described as 10' from west property line on Front Street and 300' from centerline of Rancho California Road. Appeal of Planning Department approval filed by William L. Bopf, Bedford Properties. Extension of Ordinance No. 90-01 declaring a Moratorium on the Construction and Use of Television and Radio Antennas Ordinance 90-01 presently prohibits any person from constructing or locating a television or radio transmitting antenna within the City. This ordinance expires on February 23, 1990. Agenda 21390 3 February 9, 1990 City Council Agenda February 13, 1990 RECOMMENDATION: 8.1 Adopt an ordinance to extend the moratorium through January 8, 1991, entitled: ORDINANCE NO. 90- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING ORDINANCE 90-01, WHICH DECLARES A MORATORIUM ON THE CONSTRUCTION AND USE OF TELEVISION AND RADIO TRANSMITTING ANTENNAS 8.2 Adopt a resolution describing the measures taken to alleviate the condition which led to the adoption of the Antenna Moratorium entitled: RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESCRIBING MEASURES TAKEN TO ALLEVIATE THE CONDITION WHICH LED TO THE ADOPTION OF URGENCY ORDINANCE NO. 90-01 8.3 Direct the new Planning Commission to make recommendations on new zoning regulations for transmitting antennas. Change of Zone No. 5385 and Plot Plan No. 11001 A Proposal to change the zone on 13.8± acres from R-3-3000 to R-3-2750. Plot Plan No. 11001 proposed to build on the same property located north of Rancho California Road and South of Margarita Road, a 220 unit apartment complex. RECOMMENDATION: 9.1 Adoption of a Negative Declaration for environmental Assessment No. 33522 based on the conclusion that the project will not have a significant effect on the environment. 9.2 Approve Change of Zone No. 5385, based on the findings and conclusions as found in the staff report. Agenda 21390 4 February 9, 1990 city Council Agenda February 13, 1990 9.3 Approve Plot Plan 11011, Exhibit A, Amended No. 3, Road Correction No. 1, subject to conditions, based on the findings and conclusions as found in the staff report. COUNCIL BUSINESS 10. Classification Titles, Policies RECOMMENDATION: 10.1 10.2 10.3 10.4 Salary Ranges and Initial Personnel Adopt a basic Personnel Resolution entitled: RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULAPROVIDING FOR THE ESTABLISHMENT OF PERSONNEL POLICIES Adopt Classification Titles and Salary Ranges. Adopt a Wage Administration policy. Adopt a Categories of Employment policy ADJOURNMENT Next meeting: Tuesday, February 20, 1990 Temecula Community Center, Temecula, California at 7:00 p.m. at the 28816 Pujol Street, Agenda 21390 5 February 9. 1990 THREE LAKES JUDICIAL DISTRICT ~ ~j~.~ ~ · ~ County of Riverside ' C~) U..~ ~1, y CHAMBERS OF 227 N, "D" Street Post Office Box 308 Perris, California 92370 (714) 657-4410 (714) 657-1585 Hon. Run Parks, Mayor, City oF Temecula c/o 30514 Colina Verde Tea, ecula, CaliFornia ~23'~0 dan uary '-..'5 19':?(') Dear Mr. ~'arks, RE: "MEET YOUR JUDGES" Week March 4-10, 17~'?~0. Approximately a year ago, several courts in Northern CaliFornia experimented with the idea oF holding open public $'orums to better acquaint the public with the workings oF our' judicial system. The success oF these Forums encouraged the California dudges Association~ a statewide organization representing all CaliFornia judges~ to adopt the idea and p~'omote it throughout the State by proclaiming March 4-10~ 17.-.-<~ as "MEET YOUR JUDGE" Week. DL~ring that week~ all courts are urged to conduct public awareness open forums the purpose oF which is to "demystiFy" our court system and promote public awareness oF the seemingly complicated process o; administering justice. During the Forums~ judges will make brief presentation about various topics relating to the local courts and will then respond to questions From the audience. The ~orums will present a great opportunity For the public to learn about the operation oF the courts, ~or businesspeople to learn about civil proceedings and small claims, For students to discuss substantive and procedural issues~ and For everyone to ask questions ranging 6rum what judges and juries do to what happens to per'sons accused ~or various crimes or to parties involved in lawsuits. Both Governor Deukmejian and the State Superintendent oF Public Instruction, Mr. Bill Honig, have joined the CaliFornia dudges Association in urging all citizens to participate in these forums. Statewide co-sponsors include the Bar and League oF Women Voters. NOT PRINTED A'T PUBLIC EXPENSE IVERSID£ uu dpa! THREE LAKES JUDICIAL DISTRICT County of Riverside CHAMBERS OF ARJUNA T. SARAYDARIAN, JUDGE 227 N. "D" Street Post Office Box 308 Perris, California 92370 (714) 657-4410 (714) 657-1585 On the local level, Judge dohn Morgan and Commissioner Robert Newman will join me in hosting three 6orutms at the 6oilowing locations and dates: 1) Lake Elsinore High School, March 1, Vick Knight. Moderator: Mr. 2) F'erris High School, March 8, 1~'~0, Moderator: Mr. dohn Hobart. 3) Temecula Valley High School, March 5, 17~0, Moderator,: Hon. Ron F'arks, Mayor. All ¢OrL[E~S will be in the evening between 6:30 and dudge Morgan and I both seek your assistance in promoting your area ~orum within your surrounding community and membership. Your support and co-sponsorship will give these ~orums a great boost towards their success. We hope that. through such public exchange, the judicial branch of government and the justice system will opened for dialogue and discussion by both the public and the jLtdges. We would be grateful to you and your organization ~or your help in acting on a resolution in support o~ the ~orums ( a sample is enclosed), and by including the int~ormation about the ~'orums in your newsletter. Thank you for your assistance. ,~ ~~d ~ NOT PRINTED AT PUBLIC EXPENSE RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CO-SPONSORING "MEET YOUR JUDGES" WEEK. The City Council of the City of Temecula finds as follows: WHEREAS, the general public has the opportunity to meet the local judges only occasionally and on a limited basis, and WHEREAS, it is imperative to the integrity of the judicial system that there be an increased understanding of the current operations of the courts and problems facing the judicial branch of government, and WHEREAS, the California Judges Association has planned to conduct open meetings throughout California during the week of March 4-10, 1990 to "demystify" the role of judges and the judicial process, and WHEREAS, the California Legislature has designated March 4-10, 1990, "Meet Your Judges Week", calling on judges throughout California "to participate in community forums to enable the general public to meet with their local judges and learn about the role of judges in the legal system", and WHEREAS, Governor George Deukmejian has joined the California Judges Association in inviting the public to participate in "Meet Your Judges" Week, and WHEREAS, State Superintendent of Public Instruction, Mr. Bill Honig and the State Department of Education have joined the California Judges Association as co- sponsors of "Meet Your Judges" Week, and have encouraged all Teachers, parents, and students to attend these public forums, and WHEREAS, the City Council of the City of Temecula is committed to encourage our public to heighten its understanding of the operations of our courts and of the problems faced by both judges and the public in dealing with our judicial system; NOW THEREFORE, BE IT RESOLVED, that the City of Temecula also joins the California Judges Association and all others as to co-sponsor of the local "Meet Your Judges" Week; Res/Judges 02/08/90 3:36pm Resolution No. 90- Continued BE IT FURTHER RESOLVED, that the City Council of the City of Temecula does hereby support March 4-10, 1990 as "MEET YOUR JUDGES" Week, and encourages all its citizens to participate in the public forums planned during that week in the various communities within the Three Lakes Judicial District. Mayor ATTEST: City Clerk ISEALI Res/Judges 02/08/90 3:36pm · FIr~l ~JpervisOr A~ohom ~ren ~scorelli ~ ~ugh ~ ~eros ~ckey Mill~ ~1 ~r~ro ~el~n Nololie Myers ~e F~anco Fifth ~lct Su~rvls~ ~unglove ~r~ro ~rOner Commission For Women February 1, 1990 County of Riverside [7t4] 787-2544 Dear Mayor The Congress of bhe United States has proclaimed the month of March 1990 to be National Women's History Month. The Riverside County Commission For Women is requesting that you issue a proclamation for your city designating March 1990 as National Women's History Month, in keeping with the national, state, county and city governments throughout the land. Enclosed is a copy of Public Law 100-9, the Resolution passed by both houses of Congress, for your perusal. We would appreciate receiving the proclamation from you to display at our District IX Regional Conference, which will be attended by representatives of women's commissions from Cali- fornia, Nevada, Arizona and Hawaii as well as women from other organizations throughout the state. We shall be sending you an invitation to attend our conference which will be taking place on March 30,31, 1~90, at the Gene Autry Hotel in Palm Springs. If a copy of your Proclamation reaches me by March 1, 1990, it will be framed and displayed at our conference. Please mail it to me at: 1027 San Lucas Palm Springs, Ca 92264 Please feel free to publicize your Proclamation in your community-most Mayors do. ~_ ncerel~ ~ Chair, Riverside County Commission For Women 4080 Lemon Street, 12th Floor · Riverside, California 9250t-3651 RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING THE MONTH OF MARCH AS "WOMEN'S HISTORY MONTH" The City Council of the City of Temecula finds as follows: WHEREAS, American women of every race, class, and ethnic background helped found the Nation in countless recorded and unrecorded ways as servants, slaves, nurses, nuns, homemakers, industrial workers, teachers, reformers, soldiers and pioneers; and WHEREAS, American women have played and continue to play a critical economic, cultural and social role in every sphere of our Nation's life by constituting a significant portion of the labor force working in and outside of the home; and WHEREAS, American women have played a unique role throughout our history by providing the majority of the Nation's volunteer labor force and have been particularly important in the establishment of early charitable, philanthropic and cultural institutions in the country; and WHER~ American women of every race, class and ethnic background served as early leaders in the forefront of every major progressive social change movement, not only to secure their own right of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor union movement and the modern civil rights movement; and Now, therefore, be it resolved by the City Council of the City of Temecula, that the month of March is designated as "Women's History Month". A~T: Ronald J. Parks, Mayor City Clerk [SEXL] /Res/~omens 02/08/90 4:39prn MINUTES OF ~ REGULAR MEETING OF THE TEHECULA CITY COUNCIL HELD JANUARY 23~ 1990 A regular meeting of the Temecula City Council was called to order at 7:07 p.m. in the Temecula Community Center, 28816 Pujol Street, Temecula, California. Mayor Ron Parks presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Munoz, Parks ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Frank Aleshire, City Attorney Scott F. Field, and Acting Deputy City Clerk June S. Greek. INVOCATION The invocation was given by Pastor Bill Rench of Calvary Baptist Church. PLEDGE OF ~LLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Pat Birdsall. PRESENTATIONS/ PROCLAMATIONS Captain Bill Reynolds of the Riverside Sheriff's Department presented the City of Temecula with the first of the official Neighborhood Watch signs which will be posted throughout the community. Kim Chubota, Southern California Director of the League of California Cities addressed the City Council and extended an invitation to the City and City Councilmembers to join the League organization. She outlined the resources available to member cities and the networking opportunities afforded to members. Ms Chubota also presented the City with a number of resource materials prepared by the League specifically for newly incorporated municipalities. PUBLIC COMMENTS Linda Cloghen, 41304 Bravos Court, Temecula addressed the City Council regarding the timing for hiring of the position of City Clerk and stated that she felt the current salary for the Deputy #inures\l\23\90 - 1- 02/07/90 City Council Minutes January 9, 1990 City Clerk was too high. She also questioned who currently holds the position of Deputy City Manager. John Cloghen, 41304 Bravos Court, Temecula questioned several budget expenditures he had read about and expressed concern regarding the City's hiring of consultants. Gretchen Hass, 41585 Avenida Rancho Vista, Temecula, representing the PTO at Temecula Valley High School, spoke regarding a Temecula Valley High Grad Night. She requested moral support from the community, financial support if possible, and general support of the philosophy of a Grad Night using this forum. Lynda Meacham, 42109 Roanoake Street, Temecula addressed the City Council regarding the Valencia Apartments, planned for construction off Rancho California Road. She presented the city with petitions containing 384 signatures in opposition to building this apartment project. She cited school overcrowding as a primary concern. Ronni Crossland, 30632 Hollyberry Lane, Temecula spoke in opposition to two additional apartment complexes being planned for the one square mile area in the vicinity of Rancho California Road, bordered by Moraga and Margarita Roads. She specified concerns with an increase in crime as a result of high density and overcrowded conditions. CONSENT C~LENDAR Councilmember Birdsall requested that item number 4 be removed from the Consent Calendar. Councilmember Moore requested the minutes of December 26, 1989 be corrected on pages one and four to show four Councilmembers present and voting and one Councilmember absent. Councilmember Munoz requested a name and street address correction on page two of the minutes of January 9, 1990. The corrections were noted by the Acting Deputy City Clerk. It was moved by Councilmember Munoz, seconded by Councilmember Moore to approve items 1, 2 and 3 of the Consent Calendar as corrected. 1. ApDroval of Minutes 1.1 Approved the minutes of the meeting of December 26, 1989 as amended. 1.2 Approved the minutes of the meeting of January 9, 1990 as amended. Ninutes\1\23\90 - 2- 02/07/90 City Council Minutes January 9, 1990 Amplication for Alcoholic Beverage License 2.1 Received and Filed application for Alcoholic Beverage License filed by Ralphs Grocery company - Northeast corner Winchester Road and Nicholas Road. Resolution A~proving Payment of Demands 3.1 Adopted a Resolution entitled Resolution No. 90-07 A Resolution of the City Council of the city of Temecula, approving the warrant register, dated January 23, 1990. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Munoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Second Reading Municipal Code of Ordinance Establishing the Temecula David Lowry, 273 Jefferson, #206, Temecula addressed the City Council objecting to the provisions of the code section (2.06.030) limiting participation in City Commissions and Committees to residents of the City. Marc Grisham, 35750 Greer Road, Sun City, added his objection to the limitation on Commissions to residents of Temecula only. Larry Markham, 41750 Winchester Road, Ste. N, Temecula, spoke regarding the subject of the residency requirements for Commission appointments and requested that the City Council consider members of the business community, who do not live within the City, eligible to serve on Commissions. Councilmember Munoz spoke in favor of retaining the provision of section 2.05.030 as set forth in the proposed ordinance. H i nutes\l\23\90 -$- 02/07/90 City Council Minutes January 9, 1990 Councilmember Lindemans stated he felt the strong Chamber of Commerce within the City presents an excellent opportunity for all members of the business community to become involved with the community and be represented. Mayor Parks outlined his concerns for making commission spots open to all segments of the community. Councilmember Birdsall also stated her preference for not limiting commissions to residents only. Councilmember Moore expressed her feelings with regard to having the electorate represented on the commissions in the same manner as on the City Council. RECESS The mayor declared a short recess at 8:06 p.m. for the purpose of changing the audio tape. The meeting was reconvened at 8:07 p.m. with all members present. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to amend section 2.06.050 of the code to read, "Members of each commission shall be nominated by an Ad Hoc Committee of two Councilmembers subject to the approval of a four-fifths (4/5) majority of the City Council." It was moved by Councilmember Munoz, seconded by Councilmember Lindemans to reopen the public comments section on this matter. The motion was unanimously carried. Howard Chesher, 29710 Valle Olvera, Temecula, addressed the City Council speaking in opposition to the passage of section 2.06.050 as it applies to the choice of a two member Ad Hoc Committee. He expressed his opinion that each Councilmember should make a selection of candidates to be presented to the entire City Council for ratification by a four-fifths majority. Following discussion the motion to amend Section 2.06.050 was passed by the following roll call vote: AYES: 4 COUNCILMEMBERS Birdsall, Lindemans, Moore, Parks NOES: 1 COUNCILMEMBERS Lindemans ABSENT: 0 COUNCILMEMBERS None Nir~Jt es\1\23\90 -4- 02/07/90 city Council Minutes January 9. 1990 It was moved by Councilmember Munoz, seconded by Councilmember Lindemans to read by title only, waive further reading and introduce Ordinance 90-02 as follows: ORDINANCE NO. 90-02 ~N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECUL~ ESTABLISHING THE TEMECUL~ MUNICIPAL CODE, AND ENACTING TITLES 1, 2 AND 3 THEREOF, RELATING TO GENERAL PROVISIONS, ~DMINISTRATION AND PERSONNEL, AND REVENUE AND FINANCE The motion carried by the following vote: AYES: 5 COUNCILMEMBERS Birdsall, Lindemans, Moore, Munoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS Mayor Parks declared a recess at 8;30 p.m. The meeting was reconvened at 8:45 p.m. with all Councilmembers present. PUBLIC HEARING Plot Plan No. 10864 - Appeal of Planning Commissions,s ADDroyal of 335 Unit Apartment Complex on 22.22 ~cres. Mayor Parks declared the Public Hearing open at 8:46 p.m. and explained the process for hearing all interested parties. Staff Report City Manager Frank Aleshire introduced County of Riverside Planning staff member Laurie Dobson who gave the staff report outlining the history of the zoning considerations on the subject property. She explained the basis upon which the appeal had been filed. Councilmember Lindemans questioned if the provisions of the Quimby Act had been met for this project. He also inquired if the park fees had been paid. # i nutes\l \2~\90 - 5- 02/07/90 City Council Minutes January 9. 1990 Richard McCatt, principal planner for the County of Riverside, responded stating that only he didn't know if this project is subject to park fees. Applicant Presentation The applicant, Stan Steel, 13555 Plantation Way, Moreno Valley, addressed the Council, expressing a willingness to return to the City Council with the specific landscaping plan showing the percentage of open space and play areas. He also stated that the figure of 1,800 additional residents would represent 5-6 residents per apartment, which in his opinion could not be determined prior to actual occupancy. Grant Beckland, 647 North Main, Riverside, engineer for the project, presented a map showing how drainage is being handled. Mayor Parks questioned the position of the retaining wall adjacent to the appellants property. Mr. Beckland showed a map detailing the retaining wall and percentage of the grade slope at Los Colinas. Councilmember Lindemans questioned the street access for the project. Mr. Steel pointed out two points of entry and exit, one from Moraga Road and one from the cul-de-sac off Rancho California Road. City Manager Aleshire requested a report from the developer regarding the fees being paid for public improvements. The applicant responded that fees were being paid for traffic signalization, fire mitigation, flood mitigation, Kangaroo Rat litigation fees, and building permit fees. Appellant Presentation Robert Oder, 29923 Mira Loma Drive, Temecula, addressed the City Council speaking in opposition to the proposed apartment development. He addressed the history of the project and presented his continuing concerns about the project. He advised the Council that the project represents a 53% increase in density over his neighboring apartment project. Tamar Stein, Esq., of Cox, Castle and Nicholson, 2049 Century Park East, Los Angeles, representing the appellants outlined the points covered in her letter to the City Council dated January 19, 1990. Her testimony stressed concerns regarding the incompleteness of the project file currently in the Ni r~tes\1\Z3\90 -6- 02/07/90 City Council Minutes January 9. 1990 City's possession. In summary, she stated the environmental assessment was not complete enough for the Council to support the recommendation of the County Planning Department. Robert Oder, Sr., 29911 Mira Loma Drive, #63, Temecula, spoke to the matter of retaining the current topography. In response to a question from Mayor Parks, he stated that there is not an existing flood control easement across his property. In response to a question from Councilmember Lindemans, Mr. Oder stated the density of his apartment project is 12.18 units per acre. Helen Oder, 29911 Mira Loma Drive #63, Temecula, requested that the Council consider the fragility of the Empire Creek. Public InDut Ron Fortson, Assistant Superintendent of Schools, representing the Temecula Valley Unified School District, requested the City Council allow the School District time to assess the impact regarding the number of students this project will generate. Jean Sparkman, 30554 San Pasqual, Temecula, representing the Temecula School Board requested denial of this project based on the number of additional pupils it will generate. Steve Sander, 40213 Holden Circle, Temecula spoke in opposition to the project because of the limited open space and because of the lack of input by citizens of Temecula during the planning process. Jim Allmon, 43594 Gatewood Way, Temecula stated that there are already too many apartmetns and too much traffic congestion. John Cloghen, 41304 Bravos Court, Temecula spoke in opposition to the staff recommendation, citing the traffic congestion and crime rates in rental properties. Rebuttal Grant Becklund said there is a need for a flood control easement and that the school impacts were addressed during the approval process at the staff level. nutes\l\23\90 -?- 02/07/90 City Council Minutes January 9, 1990 Stan Steele said he believes the developers have adequately addressed environmental concerns in the planning of this project. He stated that he would look favorably on a continuance to allow the developers to explore the City's criteria which differs from that of the County. The owner, Mr. Tony Boyd responded to a question from Councilmember Lindemans that he might not be the builder of the project if further delays occur. Mayor Parks declared the public hearing closed at 10:15 p.m. Councilmember considerations topography. Lindemans spoke regarding the density and the need to respect the existing Mayor Parks expressed his concern regarding the changes in topography inherent in the design. He also outlined his concerns about the retaining walls and agreed that the criteria has changed as a result of the City's incorporation and involvement in these projects. City Attorney Scott Field outlined the Council's options as follows: 1. Approve the project and deny the appeal. 2. Approve the project and add new conditions. Reopen the hearing and continue the project to a date certain with instructions to staff for considerations to be addressed at the next hearing. Deny the project subject to staff preparing a resolution reflecting the findings which confirm the denial. It was moved by Councilmember Munoz, seconded by Councilmember Lindemans to deny Plot Plan 1086 subject to the appropriate resolution to be prepared by City staff reflecting the appropriate findings. Tony Boyd, owner, responded to a question from Councilmember Moore, that he would prefer to see the project given the opportunity to make modifications rather than compelling them to start over again with the entire development process. Councilmember Munoz withdrew the motion on the floor and Councilmember Lindemans withdrew the second. #inutes\l\Z3\90 -8- 02/07190 City Council Minutes January 9. 1990 Councilmember Birdsall questioned the necessary time frame needed by the developers to address the concerns expressed by the City Council during the deliberations. It was moved by Councilmember Councilmember Lindemans to continue additional five (5) minutes. Munoz, seconded by the meeting for an The motion was unanimously carried. It was moved by Councilmember Munoz, seconded by Councilmember Lindemans to continue the matter "off calendar" and refer it back to staff. The motion was unanimously carried by the following vote: AYES: 5 COUNCILMEMBERS Birdsall, Lindemans Moore, Munoz, Parks NOES: 0 COUNCILMEMBERS None ABSENT: 0 COUNCILMEMBERS None It was moved by Councilmember Birdsall, seconded by Councilmember Munoz to extend the meeting to 11:00 p.m. The motion was unanimously carried. Councilmember Lindemans left the chamber at 10:37 p.m. 0 Appointment of Alternate Voting Member of WRAG City Manager Aleshire gave a staff report and recommended that the Council appoint an alternate voting member. It was moved by Councilmember Moore, seconded by Councilmember Munoz that Councilmember Birdsall be appointed as the City of Temecula's alternate voting member to the Western Riverside Association of Governments. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Munoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lindemans #inutes\l\2~\90 -9- 02/07/90 City Council Minutes January 9, 1990 Resolution Approving a Contract for Financial Services It was moved by Councilmember Munoz, seconded by Councilmember Moore to continue the item to the meeting of January 30, 1990. Councilmember Lindemans rejoined the meeting at 10:44 p.m. The motion was unanimously carried. Traffic Improvement Projects on 1-15 Overcrossings City Manager Frank Aleshire presented a staff recommendation that the City Council appoint a traffic committee to review proposals to improve traffic movement over the 1-15 bridges. He suggested that the Council appoint the members of the Transportation Subcommittee of the Growth Awareness Committee of the Temecula Valley Chamber of Commerce, to include E. B. Adair, Auto Club of Southern California; Chuck Collins, Ranpac Engineering; Curt Hawkins, Hawkins and Robertson, Associates; Knox Johnson, private citizen and Jack Leathers private citizen. Mr. E. B. Adair, Jr. 450 W. Stetson Avenue, Hemet, representing the Automobile Club of Southern California addressed the City Council regarding the growth and traffic problems within the valley and the traffic Auto Club's efforts to work with the community on the problem areas. Jim Allmon, 43954 Gatewood Way, Temecula, problems be addressed with the utmost urgency. urged these David Lowrey, 27349 Jefferson, #206, Temecula spoke regarding the immediate needs and priorities for solving the traffic problems. He suggested the City adopt the plan set forth by Ron Roberts of the CHP for providing uniformed traffic direction at the two 1-15 overcrossings and at Winchester Road at Ynez. In addition he volunteered his efforts to fund one week of the cost to implement the plan. The Council directed the staff to add Ron Roberts and David Lowrey to the Traffic Study Committee as well as a representative from Cal Trans and the County Road Department. H i r~t es\ 1 \23 \90 - 1 O- OZ/07/90 City Council Minutes January 9. 1990 It was moved by Councilmember Moore, seconded by Councilmember Munoz to implement and evaluate the uniformed traffic direction as proposed. The staff was directed to come back to the City council no later than 30 days with a report on the effectiveness of the experiment. The City Manager advised that this Traffic Committee must comply with the conditions of the Brown Act. In response to a question from Councilmember Birdsall, Captain Ron Roberts of the CHP stated that the CHP has had experience with this type of program during such events as the Tractor Races and Balloon and Wine Festival. After discussion Councilmember Moore and Councilmember Munoz agreed to restate the motion as follows: It is moved to implement the program outlined by Ron Roberts of the CHP, with private funding and to create a traffic committee, subsequent to the implementation, further, to bring back a report on the effectiveness of the program to the City Council within 30 days. The motion was unanimously carried. ~DO'OURNHENT Mayor Parks declared the meeting adjourned at 11:02 p.m., to an adjourned regular meeting to be held at 7:00 p.m. on January 30, 1990 at the Rancho California Water District's Community Room, 28061 Diaz Road, Temecula, California. ATTEST: RONALD J. PARKS, MAYOR F. D. ALESHIRE, CITY CLERK N $ nutes\l\23\90 - 11 - 0~/07/90 OFFICE OF T~E ROAD COMMISSIONER AND COUNTY SURVEYOR COUNTY OF RIVERSIDE Ivan F. Tennant Acting Road Commissioner County Administrative Center Mailing Address: PO Box 1090 Riverside, CA 92502 Telephone (714) 275-6840 February 6, 1990 SUBMITTAL TO TNE CITY CLERK OF THE CITY OF TEMECULA FROM: Acting City Engineer for the City of Temecula SUBJECT: Tract Map 23483 in the First Supervisorial District SPECIFIC REQUEST: Pursuant to the Subdivision Map Act and local ordinance it is REQUESTED the you adopt Resolution No. , summarily vacating a drainage easement in the Murrieta area and place your signature on the above referenced Map and transmit it to the Recorder's Office. All required certificates and documents have been filed and the map is ready for recordation. JUSTIFICATION: The drainage easement created September 17, 1987 as Instrument No. 270478 has been superseded by Tract Map No. 23483, and there are no other public facilities located within the easement Acting City Engineer IFT: GAS :M~B: RDB: wob City Clerk of the City of Temecula Re: Tract Map 23483 2 February 6, 1990 The developer wishes to enter into the following agreements to cover the improvements within this subdivision for: IMPROVEMENT OF STREETS (Bond No. 1196730) WATER DISTRIBUTION SYSTEM (Water to be supplied by Rancho California Water District) (Bond No. 1196731) SANITARY SEWER SYSTEM (Service to be provided by Eastern Municipal Water District) (Bond No. 1196729) SETTING OF LOT STAKES AND SUBDIVISION MONUMENTS (Bond No. 1196732) MATERIALS AND LABOR (Bonds Nos. 1196730, 1196729 and 1196731) are also attached. A FIRE MITIGATION AGREEMENT in the amount of $29,200. The above referenced Bonds are issued by Anwest Surety Insurance Company. This map complies in all respects with the provisions of Division 2 of Title 7 of the Government Code and applicable local ordinances. The dedications made on said map are for: 1. Lots "A" through "H", inclusive and the abutters rights of access along Calle Medusa for public road and public utility purposes, and as part of the City Maintained Road System. 2. Drainage and sewer easements are dedicated to public use. RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUMMARILY VACATING A DRAINAGE EASEMENT FOR TRACT 23483 The City Council of the City of Temecula finds as follows: WHEREAS, the hereinafter-described drainage easement was established by a Declaration of Dedication recorded September 17, 1987 as Instrument No. 270478, Records of the Recorder of the County of Riverside, California; and, WHEREAS, said drainage easement has been superseded by improvements for Tract map No. 23483, and there are no other public facilities located within the easement; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Temecula: Section 1: That pursuant to Section 8333 (c), of the Streets and Highways Code, the hereinafter-described drainage easement is hereby summarily vacated: SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF BE IT FURTHER RESOLVED, DETERMINED AND ORDERED that the City Clerk is directed to cause a certified copy of this resolution to be recorded in the Office of the County Recorder of the County of Riverside, California, concurrently with the recording of Tract 23483. APPROVED AND ADOPTED this 20th day of February 1990. ATTEST: Mayor City Clerk [SEAL] Resos/9013 02/07/90 July 5, 1989 TRACT NO. 23483 VACATION OF DRAINAGE EASEMENT As easement for the construction and maintenance of a drainage facility over and across a portion of Section 29, Township 7 South, Range 2 West, San Bernardino Meridian in the County of Riverside, State of California, shown as Parcel 16, on a Parcel Map recorded in Book P-1 of Parcel Maps, pages 44 through 46, records of said County, described as follows: Commencing at the most Westerly corner of said Parcel 16; thence N35°32'26"E along the Northwesterly line of said Parcel 16 a distance of 33.65 feet to the True Point of Beginning; thence continuing N35°32'26"E along said Northwesterly line 254.35 feet; thence S10°04'41"W 81.44 feet; thence S32°00'00"W 52.00 feet; thence S42°00'00"E 30.00 feet; thence S48°00'00"W 45.00 feet; thence S8°00'00"W 50.00 feet; thence S23°50'28"W 27.11 feet to a point in a non-tangent curve concave to the Southwest having a radius of 433.00 feet and a radial line to said point bears N36°14'38"E; thence Northwesterly along the arc of said non-tangent curve 86.91 feet through a central angle of 11030'00" to the True Point of Beginning. 069 ~. City £oun~l 2 3 6 8 11 12 13 15 16 18 19 2O 21 22 23 2~ 25 26 27 III 01 189 City of Temecuta RESOLUTION NO. SUMMARILY VACATING A DRAINAGE EASEMENT (AB-52-89) WHEREAS, the hereinafter-described drainage easement was established by a Declaration of Dedication recorded September 17, 1987 as Instrument No. 270478, Records of the Recorder of the County of Riverside, California; and, WHEREAS, said drainage easement has been superseded by improvements for Tract Map No. 23483, and there are no other public facilities located within the easement; now, therefore, City BE IT RESOLVED, DETERMINED AND ORDERED by the~a~-~- C0unci] of the City of lemecu]a C~ui~e~v~s-~f==~e-~m~ff-~=R4~e~s~, State of California, in regular session assembled on February. 13 , ]990, as follows: 1. That pursuant to Section 8333(c) of the Streets and Highways Code, the hereinafter-described drainage easement is hereby summarily vacated: SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF BE IT FURTHER RESOLVED, DETERMINED AND ORDERED that the Clerk of the Board is directed to casue a certified copy of this resolution to be recorded in the Office of the County Recorder of the County of Riverside, California, concurrently with the recording of Tract 23483. Chi~ Principal Deputy No. 306~ I/~ tdd P.O. Boa coo7 · e24~ · P~o~o (?M)M4.MM M (TM)O2S.eM2 SCULl I' - S~£~T ~ of ~' SHEETS SHEET hiD, PCL. 7.5 ~CL. 4' -FR, NO. £2J48; M.B. 2~02/92~ J~4. NOTIS I#OI£A~[$ trov#~ I' I,P. ICE 17116, FLU~ P[I P.N. 1144-46. INDICAT[S ~A~[D ~O REC.D ~lA PEI TKI ~. 11511-3. ~.l. ~/~-~. I~ICAT[5 IEC~D ~ll P[I P.N. 1/44-4i, ~,~IEET I MB. 202192- JOz,L. I' $,'h 'A' ~._0.., ? 0 6 -J-'?~., No., -J-'F(., No. 2....2J CITY OF TEMECULA CITY MANAGER'S REPORT AB#: TITLE: LAIF INVESTMENTS DEPT HD. MTG: 02-06-90 CITY ATTY DEPT: CM CITY MGR RECOMMENDED ACTION It is recommended that the City Council adopt the resolution allowing the City of Temecula to invest in the Local Agency Investment Fund. BACKGROUND Attached to this report is an Agenda Report from Mary Jane Henry outlining the ways in which the Local Agency Investment Fund (LAIF) is administered and the average yield information for 1988/89. I concur with her recommendation. FISCAL IMPACT There is no fiscal impact. ALTERNATIVE Refer back to staff to seek other investment options. CITY OF TEMECULA AGENDA REPORT D~TE= TO= FROM= SUBJECT= February 13, 1990 City Council/City Manager Mary Jane Henry, Interim Finance Director Resolution Authorizing Investment in the Local Agency Investment Fund RECOMMENDATION: DISCUSSION: FISCAL IMPACT: ATTACHMENTS: COUNCIL ACTION: That the City Council adopt the Resolution allowing the City of Temecula to invest in the Local Agency Investment Fund. In order to maximize the earnings on funds held in the City Treasury, I believe it would be advantageous for the City to participate in the Local Agency Investment Fund. The Local Agency Investment Fund (LAIF) is a special fund of the California State Treasury. The State Treasurer takes monies deposited in the fund by local governments and invests them in a pooled investment account in order to achieve the highest possible yields for the local governments. The State Treasurer is responsible for the control and safekeeping of all instruments of title for all investments in the Fund. The local governments determine the term of the investments and there is no penalty for early withdrawal. Cash can be withdrawn from the fund with as little as 24 hours notice. During fiscal year 1988/89 the fund paid an average yield of 8.669%. During the quarter ending December 31, 1990, the fund paid an average yield of 8.68%. None LAIF Informational Pamphlet. AB No. 3107 - creating LAIF and authorizing local governments to participate in this fund 2/Forms/Agenc[a. Rep 02/08/90 :;>. ,.c o ,..4 RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING INVESTMENT OF CITY MONIES IN THE LOCAL AGENCY INVESTMENT FUND The City Council of the City of Temecula finds as follows: WHEREAS, pursuant to Chapter 730 of the statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the City Council does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government code for the purpose of investment as stated therein as in the best interests of the City of Temecula. NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby authorize the deposit and withdrawal of City of Temecula monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein. BE IT FURTHER RESOLVED, that the following City of Temecula officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund. Name Title Signature Name Title Signature Name Title Signature APPROVED AND ADOPTED this 13th day of February 1990. ATFEST: Mayor City Clerk [SEAL] Resos/9011 02/08/90 sff/ORD11001(010390-7) ORDINANCE NO. 90- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE TEMECULA MUNICIPAL CODE, AND ENACTING TITLES 1,2 AND 3 THEREOF RELATING TO GENERAL PROVISIONS, ADMINISTRATION AND PERSONNEL, AND REVENUE AND FINANCE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: SECTION 1. A Municipal Code is hereby established for the City of Temecula, and Titles 1, 2 and 3 thereof are enacted as follows: -1- sff/ORDl1001(010390-7) Chapters: Sections: 1.01 1.04 1.08 1.01.001 1.01.002 1.01.003 1.01.004 1.01.005 1.01.010 1.01.020 1.01.030 1.01. 040 1.01.050 1.01.100 1.01.110 1.01. 120 1.01.130 1.01. 140 1.01.150 1.01.160 1.01.170 1.01.200 1.01.210 1.01.220 1.01.230 1.01.240 1.01.250 1.01.260 1.01.300 1.01.310 Title 1 GENERAL PROVISIONS Code Adopted City Seal Citations in Lieu of Immediate Arraignment Chapter 1.01 CODE ADOPTED Declaration of purpose. Establishment of Municipal Code. Contents of Code. Outline of Code. Maintenance of Code. Interpretation of Code and other ordinances. Effect of Code on past actions and obligations. Partial invalidity. Territorial limitation. Local signification. Rules of construction. Effect of headings. Meaning of "section" and "subsection". Acts by deputies. "Writing". Reference to ordinances: amendments. Statute of limitations. Definitions. Violation of Municipal Code -- Misdemeanor. Aiding and Abetting. Punishments, Imprisonment in County Jail. Violations public nuisances. Nuisances: Recovery of abatement expenses. Violations of administrative provisions. Notices -- Service. Notices -- Proof. Application to -2- sff/ORDl1001(010390-7) 1.01.001. Declaration of purpose. The City Council finds that it is desirable and in the public interest to establish a Municipal Code in order to provide a scheme of organization for the classification and grouping of ordinances which the Council may adopt. The Council intends in adopting ordinances of a general and permanent nature to provide for their placement in accordance with the scheme of the Code. This will provide the user with a convenient and logical compilation of the ordinances of the City. 1.01.002. Establishment of Municipal Code. This Code shall be known as the "Temecula Municipal Code". It shall be sufficient to refer to this Code as the Temecula Municipal Code in any prosecution for the violation of any provision of this Code. It shall also be sufficient to designate any ordinance adding to, amending, or repealing provisions of this Code as an addition or amendment to, or a repeal of the Temecula Municipal Code, or any portion thereof. 1.01.003 Contents of Code. The Temecula Municipal Code shall consist of all ordinances adopted by the city Council which are of a general and permanent nature. An ordinance relating to any of the following subject matters is not considered an ordinance of general and permanent nature and need not be included within the Municipal Code: (a) The naming of streets or roads; (b) Granting, altering, or withdrawing franchises; (c) Levying real property taxes; (d) Calling an election; (e) Annexation proceedings; (f) Interim zoning measures; (g) Zoning or rezoning a particular parcel of property; (h) Such other ordinances of a special or particular subject matter which the Council considers inappropriate to a compilation of laws of a general and permanent nature. 1.01.004 Outline of Code. (a) The ordinances of the City which are of a general and permanent nature shall be organized and grouped according to subject matter. -3- sff/ORD11001(010390-7) (b) Ordinances which are adopted from time to time shall be classified and organized under the following scheme (1) General Provisions (2) Administration and Personnel (3) Revenue and Finance (4) (Reserved) (5) Business Regulations (6) Health and Sanitation (7) (Reserved) (8) Buildings and Construction (9) Planning and Zoning (10) Animals (11) Peace, Morals and Safety (12) Vehicles and Traffic (13) Parks and Recreational Facilities (14) Streets and Sidewalks (15) Water and Sewers of titles: 1.01.005 Maintenance of Code. At least three copies of this Code, duly certified by the City Clerk, shall be maintained on file in the office of the City Clerk as official copies of this Code. Additional copies of this Code shall be distributed to the departments of the City as prescribed by the City Manager. Duly certified copies of each ordinance making a change in this Code shall be filed in the office of the City Clerk in books for such purpose, duly indexed for ready reference. At least semi-annually the City Clerk shall cause the loose leaf pages of this Code in which changes have been made to be reproduced, including a notation as to the ordinance number and the date on which such change was adopted. Such reprinted pages shall be distributed in order that the loose leaf copies of this Code, prepared for the use and convenience of the officers and employees of the City and the general public, may be brought up to date. 1.01.010 Interpretation of Code and other ordinances. The provisions of this Code and all proceedings under it are to be construed to effect its purposes and to promote justice. All the provisions of this Code and all other City ordinances shall be interpreted to refer to the appropriate or designated officer or office of the City, and whether an ordinance, uniform Code, statute, or other matter which is adopted by reference refers to any department, officer, -4- sff/ORD11001(010390-7) employee, inspection, police, or other functions, unless the context requires otherwise, all references shall be to the appropriate or designated office, officer, department, agency, employee, or function of the City, or to the person or agency performing the function for the City. 1.01.020 Effect of Code on past actions and obligations. Neither the adoption of this Code or any portion thereof, nor the repeal by this Code of any ordinance previously in effect in the City or within the territory currently comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Code, nor be construed as a waiver of any license fee or penalty due and unpaid under such ordinances on such effective date, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license fee or penalty or the penal provisions applicable to any violation of such ordinances, nor to affect the validity of any bond or cash deposit required to be posted, filed, or deposited pursuant to any ordinances, and all vested rights and obligations pertaining to such ordinances shall continue in full force and effect. 1.01.030 Partial invalidity. If any chapter, section, sentence, clause or portion of this Code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. 1.01.040 Territorial limitation. This Code shall refer only to the omission or commission of acts within the territorial limits of the City of Temecula and that territory outside of the City over which the City has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property. 1.01.050 Local signification. All references in this Code to places, acts, persons or things and all else in relation to this Code shall be construed to mean that the same are applicable to this City, whether the City is mentioned in each particular section or not. 1.01.100 Rules of construction. Unless the provisions of this Code otherwise specifically provide, or the context of this Code indicates to the contrary, the general provisions, rules of construction, and definitions -5- sff/ORD11001(010390-7) set forth in the following sections of this chapter shall govern the construction of this Code. 1.01.110 Effect of headings. The title, chapter, article, and section headings contained in this Code shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any title, chapter, article, or section of this Code. 1.01.120 Meaning of "section" and "subsection". "Section" shall mean a section of this Code, unless some other source is specifically set forth. "Subsection" shall mean a subsection of the section in which the term occurs, unless some other section is expressly set forth. 1.01.130 Acts by deDuties. Whenever a power is granted to, or a duty is imposed upon, a public officer or employee, the power may be exercised or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless this Code expressly provides otherwise. 1.01.140 "Writing". "Writing" includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this Code, such notice, report, statement, or record shall be made in writing in the English language, unless this Code expressly provides otherwise. 1.01.150 References to ordinances: Application to amendments. Whenever any reference in this Code is made to an ordinance, the reference shall apply to such ordinance of the City, unless this Code expressly provides otherwise. Whenever any reference is made to any portion of this Code or to any ordinances of this City, the reference shall apply to all amendments and additions to this Code. 1.01.160 Statute of limitations. When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this Code goes into effect, the time which has already run shall be deemed a part of the time prescribed as such limitation. -6- sff/ORDl1001 (010390-7) 1..01.170 Definitions. As used in this Code, unless a different meaning is apparent from the context or is specified elsewhere in the Code: (a) "Calendar year" shall mean from January 1 through December 31 of any given year. (b) "City" shall mean the City of Temecula. (c) "City Manager" shall mean the appointed official of the City who occupies the position of chief administrative officer of the City. (d) "Council" shall mean the City Council of the City of Temecula. (e) "Councilmember" shall mean a person duly elected to the Council. (f) "County" shall mean the County of Riverside. (g) "Fiscal year" shall mean from July 1 of any given year through June 30 of the following year. (h) "Gender". The masculine gender shall include the feminine and neuter genders. (i) merchandise. "Goods" shall mean and include wares and (j) "May" shall be permissive. (k) "Month" shall mean a calendar month, unless otherwise specially expressed. (1) "Number". The singular number shall include the plural, and the plural number shall include the singular. (m) "Oath" shall include affirmation. (n) "Official time standard". Wherever certain hours are named in this Code, they shall mean Standard Time or Daylight Saving Time as may be in current use in the City. (o) "Operate" shall mean and include carrying on, keeping, conducting, or maintaining. -7- sff/ORD11001(010390-7) (p) "Owner", applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part of such building or land. (q) "Person" shall include any person, firm, company, corporation, partnership, association, public corporation, City (except the City of Temecula), the County of Riverside, any district in the County of Riverside, the State of California, or the United States of America, or any department, agency or political subdivision of the above, unless this Code expressly provides otherwise. (r) "Personal property" shall include money, goods, chattels, things in action, and evidences of debts. (s) "Police" shall mean the agency which performs the appropriate law enforcement function for the City. "Police Chief" or "Chief of Police" shall mean the head of the agency or division which at the time involved has responsibility for performing the police function for, or within, the City. (t) property. "Property" shall include real and personal (u) "Quarterly", where used to designate a period of time, shall mean the first three calendar months of any given year or succeeding period of three calendar months. (v) "Real property" shall include land, tenements, and hereditaments. (w) "Sale" shall include any sale, exchange, barter, Or offer for sale. (x) "Shall" shall be mandatory. (y) "State" shall mean the State of California. (z) "Street" shall include all streets, highways, avenues, boulevards, alleys, courts, places, squares, or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the State. (aa) "Tenant or occupant", applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others. -8- sff/ORDl1001(010390-7) (ab) "Tense". The present tense shall include the past and future tense, and the future tense shall include the present tense. Words and phrases not defined in this Code shall be construed according to the approved usage of the language, or, when appropriate, by reference to definitions contained in State or Federal law. 1.01.200 Violation of Municipal Code -- Misdemeanor. It shall be unlawful for any person to violate any provision or to fail to comply with any of the require- ments of this Code or the provisions of any Code adopted by reference by this Code or any provision of any ordinance of the City not included within this Code. Any person violating any such provisions or failing to comply with any of the mandatory requirements of this Code or any Code adopted by reference by this Code or any other City ordinance shall be guilty of a misdemeanor, unless such violation is specifically designated as constituting an infraction. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code, or any provi- sion of any Code adopted by reference by this Code, or of any other City ordinance, is committed, continued, or permitted by such person, and may be punished accordingly. 1.01.210 Aiding and abetting. Whenever any act or omission is made unlawful by this Code, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. 1.01.220 Punishments. (a) Any conviction of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than One Thousand Dollars ($1,000), or by imprisonment in the County jail for a period not exceeding six (6) months, or by both such fine and imprisonment. (b) Any conviction of an infraction under the provisions of this Code shall be punishable for a first conviction by a fine of not more than One Hundred Dollars ($100), for a second conviction within a period of one year by a fine of not more than Two Hundred Dollars ($200), and for a third or any subsequent conviction within a period of one year by a fine of not more than Five Hundred Dollars ($500). -9- sff/ORDl1001(010390-7) Any Drovision or requirement of this Code or of any Code adopted by reference by this Code or of any ordinance of the City not included within this Code, the violation of which or the failure to comply with which is designated as an infraction, shall be prosecurable as a misdemeanor upon a third violation within a period of one year and each violation thereafter of the same provision by the same individual within a period of one year. Any violation expressly declared to be punishable, in the discretion of the court by either a fine, or by a fine or imprisonment, or both, shall become an infraction for all purposes under any of the following circumstances: (1) Where a judgment imposes a punishment of a fine not exceeding One Hundred Dollars ($100) in the case of a first offense; or (2) When the court grants probation to a defendant without the imposition of a sentence and, at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be an infraction; or (3) When the City Attorney or any deputy district attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is an infraction. 1.01.230 Imprisonment in County Jail. Imprisonment for violation of any City Ordinance shall be in the County Jail. 1.01.240 Violations public nuisances. (a) In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Code or any Code adopted by reference by this Code or any ordinance of the City not included within this Code, or any such threatened violation, shall be deemed a public nuisance and may be summarily abated as such by the City. (b) Any such violation or threatened violation as referred to in subsection (a), or any condition caused or permitted to exist in violation of any of the provisions of any Code adopted by reference by this Code, or of the provisions of any other City ordinance, shall be deemed a -10- sff/ORDl1001(010390-7) public nuisance which may be abated by the City Attorney in a civil judicial action. 1.01.250 exDenses. Nuisances: Recovery of abatement (a) Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in Section 1.01.240 of this chapter, or other public nuisance, as defined under State law or other ordinances or regulations, has been given notice, by or on behalf of the City Attorney or by any other City officer, employee or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person fails, refuses, or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed within said notice. (b) Costs and expenses, as referred to in subsection (a) of this section, may include, but are not limited to, any and all direct costs and expense related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including attorneys' fees, claims against the City arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due hereunder. (c) The provisions of subsection (a) of this section shall also apply to any person who received a notice, as specified therein, abated the nuisance or violation, but subsequently allowed or was responsible for a recurrence of the nuisance or violation. (d) The liability of any person for the payment of the costs and expenses provided for in subsection (a) of this section may be waived in whole or in part by the City Attorney in any case wherein he or she determines, in his or her sole discretion, that the failure or refusal of such persons to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the City Attorney in this regard shall be final and conclusive and shall not be -11- sff/ORD11001(010390-7) subject to appeal as prescribed in Chapter 2.04 of Title 2 of this Code. (e) Money due to the City pursuant to this section may be recovered in an appropriate civil action. Alterna- tively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings may be conducted in a manner substantively similar to proceedings described in Sections 39574 et seq. of the California Government Code relating to weed abatement assessments. 1.01.260 Violation of administrative provisions. The violation of, or the failure or omission to perform in accordance with, any administrative provision of this Code by any officer or employee of the City shall generally not be considered a criminal act, but may be deemed a failure to perform the duties or to observe the rules or regulations of the department, office, commission or board within the meaning of the civil service ordinances and rules and regulations of the City, if applicable. 1.01.300 Notices -- Service. Whenever a notice is required to be given, or may be given, under any provision of this Code or any provision of any Code adopted by reference by this Code or any provision of any ordinance or resolution of the City not included within this Code, such notice may be given as herein provided. Unless different or special provisions are otherwise specifically made in this Code or in some other applicable enactment, any such notice may be given either by personal delivery thereof to the persons to be notified, or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at the person's last known residence or business address as the same appears in the public records or other records pertaining to the matters to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office or in the official receptacle thereof. 1.01.310 Notices -- Proof. Proof of giving any notice may be made by the certificate of any officer or employee of this City or by the affidavit or declaration under penalty of perjury of any person over the age of -12- sff/ORD11001(010390-7) eighteen years, which shows service in conformity with this Code or other provision of law applicable to the subject matter concerned. -13- sff/ORD11001(010390-7) Sections: 1.04.010 Chapter 1.04 CITY SEAL Adoption. 1.04.010 Adoption. A corporate seal for the City shall be adopted and approved by the City Council by ordinance. -14- sff/ORDl1001(010390-7) Sections: Chapter 1.08 CITATIONS IN LIEU OF IMMEDIATE ARRAIGNMENT 1.08.010 1.08.050 Notice to appear in lieu of arrest. Issuance of citations by designated officers and employees. 1.08.010 Notice to appear in lieu of arrest. In any case in which a person is arrested for a violation of any provision of this Code and does not demand to be taken before a magistrate, such person may, in lieu of being taken before a magistrate, be issued a written notice to appear in court and then may be released, pursuant to and in accordance with the procedures prescribed by California Penal Code Section 853.6 et seq. 1.08.050 Issuance of citations by designated officers and employees. Officers and employees of the City who have the discretionary duty to enforce a statute or ordinance may, pursuant to Section 836.5 of the California Penal Code and subject to the provisions of this section, arrest a person without a warrant whenever any such officer or employee has reasonable cause to believe that the person to be arrested has committed an offense in the officer's or employee's presence which he or she has the discretionary duty to enforce, and to issue a notice to appear, and to release such person on his or her written promise to appear in court, pursuant to Section 853.6 of the Penal Code. No officer or employee shall be allowed by his or her superior to exercise the arrest and citation authority conferred in this section unless such officer or employee is within a classification of City officers and employees designated by resolution of the City Council to exercise such arrest and citation authority as to specified violations. Any such officer or employee shall be appropriately instructed to deposit executed citations or notice with the police depart- ment for filing with the court, after review for legal sufficiency. -15- sff/ORDl1001(010390-7) Chapters: 2.04 2.06 2.08 2.10 2.12 2.15 2.16 2.20 2.50 2.55 Title 2 ADMINISTRATION AND PERSONNEL Council Boards and Commissions -- General Provisions City Manager City Clerk Director of Finance and General Services City Treasurer City Attorney Disaster Relief Administrative Mandamus: Limitations Holidays Observed by the City Statute of Chapter 2.04 COUNCIL Sections: 2.04.010 2.04.020 2.04.030 2.04.040 2.04.050 2.04.060 2.04.070 2.04.100 2.04.110 2.04.120 2.04.130 Elections and Tenure Time and place of regular meetings. Improper conduct at meeting. Adoption of procedures. Compensation. Commission appointments. Presiding Officer Appeals to Council. Notice of appeal: Time limit -- Contents. Appeals: Hearings: Notices. Appeals: Hearings. 2.04.010 Election and Tenure. The electors of the City of Temecula shall elect Councilmembers at the general municipal election held every two years on the date of the statewide general election. 2.04.020 Time and place of reqular meetings. (a) Regular meetings for the City Council shall be held on the second and fourth Tuesday of each month. Regular meetings shall commence a 7:00 p.m. and adjourn at -16- sff/ORDl1001(010390-7) 10:00 p.m., subject to an adopted motion to extend the meeting. Regular meetings shall be conducted at the Temecula Community Center, 28816 Pujol Street. If a regular meeting falls on a holiday, the regular meeting shall be held on the next business day. (Gov. Code Section 36808.) (b) The City Council may, by resolution, designate another date, time and location for a meeting. 2.04.030 Improper conduct at meetinq. (a) All persons shall comply with the meeting procedures announced by resolution of the City Council and no person shall interfere with or interrupt a City Council meeting. (b) The presiding officcer may designate a member of the County Sheriff's Department as Sergeant at Arms who shall carry out the directions of the presiding officer to include making arrests as directed by the presiding officer. Any person who fails to comply with a direction given by the presiding officer may be removed. (c) Any person using profane, vulgar, loud or boisterous language at any meeting or otherwise interrupting the proceedings, who refuses to be seated or keep quiet when ordered to do so by the Mayor or other presiding officer of the Council, is guilty of a misdemeanor. 2.04.040 Adoption of procedures. The City Council may, by resolution, adopt rules of procedure and regulations pertaining thereto to govern the conduct of its meetings and any of its other functions and activities. 2.04.050 Compensation. (a) Each Councilmember shall be entitled to a salary in the amount of $300.00 per month. (Gov't. Code Section 36516.) (b) Upon the submission of an itemized account, any Councilmember may be reimbursed for the actual and necessary expenses incurred in the performance of official duty. (Gov't. Code Section 36514.5.) 2.04.060 Commission appointments. Unless otherwise specifically provided in this Code or by State law, all City board and commission appointments, except for ex officio members where applicable, shall be made by the City Council. -17- sff/ORDl1001(010390-7) 2.04.070 Presiding Officer. (a) City Council shall meet on the Tuesday after the general municipal election and choose one of its members as Mayor and one of its members as Mayor Pro Tempore. (Gov't. Code Section 36801.) (b) The Mayor, and the Mayor Pro Tempore, shall serve a term of one year, or until a successor for each position is chosen. Three affirmative votes shall be required to choose or change the Mayor or Mayor Pro Tempore. (c) In addition to the powers and duties of a Councilmember, the Mayor, or in the Mayor's absence, the Mayor Pro Tempore, shall be the presiding officer of the City Council. (Gov't. Code Section 36802.) 2.04.100 Appeals to Council. (a) Except when an appeals procedure is otherwise specifically set forth in this Code, any person objecting to the denial, conditional approval, suspension, or revocation of a permit, license or other approval applied for or held by him pursuant to any provision of this Code, or to any administrative decision made by any official of the City, if the denial, conditional approval,'suspension, or.revocation of such permit, license or approval, or the determination of such administrative decision involves the exercise of administrative discretion or personal judgment exercised pursuant to any provision of this Code, may appeal in writing to the Council by filing with the City Clerk a written notice of such appeal. (b) No appeal may be taken to any such administrative decision made by an official of the City pursuant to any provision of this Code unless such decision has been first taken up with the department head concerned and with the City Manager, and each such official has not adjusted the matter to the appellant's satisfaction. (c) No right of appeal to the Council from any administrative decision made by an official of the City pursuant to any provision of this Code shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment, whether the administrative decision involves the denial, conditional approval, suspension, or revocation of a permit, license, approval or any other administrative decision. There shall be no such right of appeal with regard to law enforcement activities involving State law. -18- sff/ORDl1001 (010390-7) 2.04.110 Contents. Notice of apDeal: Time limit -- (a) No notice of appeal shall be acted upon unless filed within ten days after service of written notice of the determination appealed from, provided that if such notice of determination has not been served in writing the appellant may, within ten days after being apprised of such determina- tion, demand service of written notice thereof, and shall have ten days following such service in which to file the notice of appeal. (b) The notice of appeal shall set forth (1) the specific action appealed from, (2) the specific grounds of the appeal and (3) the relief or action sought from the City Council. In the event any notice of appeal fails to set forth any information required by this section, the City Clerk shall return the same to the appellant with a state- ment of the respects in which it is deficient, and the appellant shall thereafter be allowed five days in which to perfect and refile the notice of appeal. (c) Except in those instances where an appeal is filed by the City Manager or other public official pursuant to official duties, the written notice of appeal from the determination of an administrative official or from an administrative body of the City, as the case may be, shall be accompanied by such fee as may be established by resolution of the City Council. 2.04.120 APpeals: Hearinqs: Notices. Upon the timely filing of a notice of appeal in proper form, the City Clerk shall schedule the matter promptly upon the City Council agenda at a subsequent regular meeting and shall cause notice thereof to be given to the appellant not less than five days prior to such hearing, unless such notice is waived in writing by the appellant. The City Clerk shall also cause a copy of the notice of appeal to be transmitted to the official or body whose decision has been appealed from. 2.04.130 Appeals: Hearings. (a) The city Council may limit participation at the hearing to those parties directly interested, or may allow participation by the public. Such public participa- tion, however, shall only occur when the Council deems the same necessary to further the public interest. If a hearing is ordered open to public participation, notice thereof -19- sff/ORDl1001(010390-7) shall be given by publishing notice of the same in a newspaper of general circulation in the City not less than five days prior to the date of such hearing, and by such other means as the City Council deems necessary. (b) At the time of consideration of the appeal by the City Council the appellant shall be limited to a presentation on the specific grounds of appeal and matters set forth in his or her notice of appeal and shall have the burden of establishing cause why the decision appealed from should be altered, reversed or modified. The Council may continue the matter from time to time; and at the conclusion of its consideration may affirm, reverse or modify the decision appealed from and may take any action which might have been legally taken in the first instance by the official or body from whose action the appeal has been taken. In ruling on the appeal the finding and action of the Council shall be final and conclusive in the matter. -20- sff/ORDl1001(010390-7) Chapter 2.06 COMMISSIONS -- GENERAL PROVISIONS Sections: 2.06.010 2.06.020 2.06.030 2.06.040 2.06.050 2.06.060 2.06.070 2.06.080 2.06.090 2.06.100 Commissions established. Number of members. Qualifications. Applications. Appointment. Term. Vacancies. Meetings/Quorum. Absence from meetings. Compensation. 2.06.010 Commissions established. There shall be established within the City a Planning Commission. The City Council may establish by ordinance or resolution such other commissions as it deems necessary. 2.06.020 Number of members. Unless otherwise specifically provided, each commission shall consist of five (5) members. 2.06.030 Oualifications. Unless otherwise specifically provided by law, or by ordinance or resolution of the City Council, all members of commissions of the City shall, at all times during their incumbencies, be bona fide residents and registered voters of the City. No member of any commission shall be a City employee, nor shall any person be a member of more than one commission at any one time. No person shall be eligible for appointment as a commission member for more than two full consecutive terms (six (6) years). 2.06.040 Applications. The City Clerk shall maintain all applications submitted to the City for commission positions for a period of two (2) years. 2.06.050 Members: Appointment and Removal. Members of each commission shall be nominated by an Ad Hoc Committee of two Councilmembers subject to the approval of a four-fifths (4/5ths) majority of the City Council. A majority of the Council may remove an appointee for good cause. The chairperson and vice-chairperson of each commission shall be selected by a majority of the membership of that commission. -21- sff/ORDl1001(010390-7) 2.06.060 Term. The term of each commission member shall be three (3) years with staggered terms. Initially, all five members may be selected at once. In order to achieve staggered terms, one member shall be appointed for a term of three (3) years; two for terms of two (2) years; and two for terms of one (1) year, said terms to be determined by drawing lot. At the completion of any term, a commission member may be reappointed pursuant to the procedures set forth in Section 2.06.050. 2.06.070 Vacancies. If vacancies in any commission occur, other than by expiration of term, such vacancies shall be filled by appointment for the unexpired portion of the term. 2.06.080 Meetinqs/0uorum. The City Council shall establish meeting schedules for each commission by resolution. A quorum of three shall be required for the transaction of any business. 2.06.090 Absence from meetings. Should any commission member be absent from any three consecutive meetings of the commission, without excuse acceptable to the City Council, that member shall vacate his or her seat on the commission. The vacancy shall be filled in the same manner as any other vacancy. 2.06.100 Compensation. Unless otherwise required by law, commission members shall receive no compensation. -22- sff/ORDl1001(010390-7) Sections: 2.08.010 2.08.020 2.08.030 2.08.040 2.08.050 2.08.060 2.08.070 2.08.O80 2.08.090 2.08.100 2.08.110 2.08.120 Chapter 2.08 CITY MANAGER office created -- Term. Eligibility. Compensation. Expense reimbursement. Designation of acting City Manager. Powers and duties. Relations with Council. Departmental cooperation. Attendance at commission meetings. Removal. Agreements with Council. Bond 2.08.010 Office created -- Term. The office of the City Manager is created and established. The city Manager shall be appointed by the City Council wholly on the basis of administrative and executive ability and qualifications. The City Manager shall hold office for and during the pleasure of the City Council. 2.08.020 Eligibility. No member of the City Council shall be eligible for appointment as City Manager until one year has elapsed after such Councilmember has ceased to be a member of the City Council. 2.08.030 Compensation. The City Manager shall receive such compensation and expense allowances as the City Council shall from time to time determine, and such compensation shall be a proper charge against such funds of the City as the Council shall designate. 2.08.040 Expense Reimbursement. The City Manager shall be reimbursed for all actual and necessary expenses he or she incurs in the performance of his or her official duties, including those incurred when traveling on business pertaining to the City. 2.08.050 Designation of Acting City Manager. The City Manager, by letter filed with the City Clerk, shall designate a qualified City administrative officer to exercise the powers and perform the duties of City Manager during any temporary absence or disability of the City Manager. -23- sff/ORD11001(010390-7) 2.08.060 Powers and duties. The City Manager shall be the administrative head of the government of the City under the direction and control of the City Council except as otherwise provided in this chapter. The city Manager shall be responsible for the efficient administra- tion of all affairs of the City which are under his or her control. In addition to the general powers as administra- tive head of the City government, and not as a limitation thereon, the city Manager shall be expected to, and shall have the power to: (a) Enforce all laws and ordinances of the City and to see that all franchises, contracts, permits and privileges granted by the City Council are faithfully observed; (b) Appoint, remove, promote and demote any and all officers and employees of the City except elected officers, the City Attorney, the City Clerk, and the City Treasurer, subject to all applicable personnel rules and regulations which may be adopted by the City Council; (c) Control, order and give directions to all department heads who are subject to his or her appointment and removal authority, and to subordinate officers and employees of the City under his or her jurisdiction through their department heads; (d) Conduct studies and effect such organization and reorganization of offices, positions or units under his or her direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business; (e) Recommend to the City Council for adoption such measures and ordinances as he or she deems necessary. (f) Attend all meetings of the City Council unless excused therefrom by the Mayor individually or the City Council as a whole, except when his or her removal is under consideration; (g) Prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval; (h) Keep the City Council at all times fully advised as to the financial condition and needs of the City; -24- sff/ORD11001(010390-7) (i) Make investigations into the affairs of the City and any department or division thereof and any contract or other obligation of the City; and further to investigate all complaints in relation to matters concerning the administration of the City government and in regard to the service maintained by public utilities in the City; (j) Exercise general supervision over all public buildings, public parks and all other public properties which are under the control and jurisdiction of the City; (k) Have the same authority as the Mayor, as the convenience of the parties may dictate, to sign documents specified in Section 40602 of the California Government Code whenever such documents have been approved by the City Council for execution by resolution, motion, minute order or other appropriate action; and (1) Perform such other responsibilities and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other official action of the City Council. 2.08.070 Relations with Council. The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager. For purposes hereof, "inquiry" means any and all communications short of giving orders, directions or instructions to any member of the administrative staff. Such staff members shall provide all information reasonably requested by any Councilmember. The City Manager shall take orders and instructions from the City Council only when sitting in a duly convened meeting of the City Council and no individual Councilmember shall give any orders or instructions to the City Manager. The City Council shall instruct the City Manager in matters of policy. Any action, determination or omission of the City Manager shall be subject to review by the City Council. The City Council may not overrule, change or modify any such action, determina- tion or omission except by the affirmative vote of at least three members of the City Council. 2.08.080 Departmental cooperation. It shall be the duty of all subordinate officers, the City Attorney, and City Clerk to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously. -25- sff/ORDl1001 (010390-7) 2.08.090 Attendance at commission meetings. The City Manager may attend any and all meetings of the Planning Commission, and any other commission, board or committee created by the City Council, upon his or her own volition or upon direction of the City Council. At any such meeting which the City Manager attends, he or she shall be heard by such commission, board or committee as to all matters upon which he or she wishes to address the members thereof. The City Manager shall inform such commission, board or committee as to the status of any matter being considered by the City Council pertaining to that body, and shall cooperate to the fullest extent with members of all commis- sions, boards or committees appointed by the City Council. 2.08.100 Removal. The removal of the City Manager shall be effected only by a majority vote of the whole Council as then constituted, convened in a regular Council meeting. 2.08.110 Agreements with Council. Nothing in this chapter shall be construed as a limitation on the power or authority of the City Council to enter into any supplemental agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provisions of this chapter. 2.08.120 Bond. The City Manager shall furnish a corporate surety bond in the amount of $100,000 from a surety approved by the City Council for the faithful performance of the duties imposed upon the City Manager. The premium for such bonds shall be a proper charge against the City. -26- sff/ORDl1001(010390-7) Sections: 2.10.010 2.10.020 2.10.030 2.10.040 Chapter 2.10 CITY CLERK Authority for office. Compensation. Functions. Bond. 2.10.010 Authority for office. The office of the City Clerk is created and established. The City Clerk shall be appointed by the City Council wholly on the basis of administrative and executive ability and qualifications. The City Clerk shall hold office for and during the pleasure of the City Council. 2.10.020 Compensation. The City Clerk shall receive such compensation and expense allowance as the City Council shall from time to time determine, and such compensation shall be a proper charge against such funds of the City as the City Council shall designate. 2.10.030 Functions. The City Clerk shall have all of the powers, duties, and responsibilities granted to and imposed upon the office of the City Clerk by the provisions of Chapter 2 of Part 3 of Division 3 of Title 4 of the Government Code of the State (commencing with Section 40800), other general laws of the State, the provisions of this Code, and the ordinances and resolutions of the City Council. The principal functions of the City Clerk shall be to: (a) Attend all meetings of the City Council and be responsible for the recording and maintenance of a record of all the actions of the Council; (b) Keep all ordinances and resolutions of the Council in such a manner that the information contained therein will be readily accessible and open to the public. The City Clerk shall attach to the original copy of each ordinance a certificate which shall state the date the ordinance was adopted and, as to an ordinance requiring publication, that the ordinance has been published or posted in accordance with law; -27- sff/ORDl1001(010390-7) (c) Keep all records of the Council and of the office of the City Clerk in such manner that the information contained therein will be readily accessible and open to the public until such time as any of the records may be destroyed, or reproduced and the original destroyed, in accordance with State law; (d) records; Serve as the official custodian of all City (e) Be the custodian of the seal of the City; (f) Prepare the Council agendas, in conjunction with and under the direction of the City Manager; (g) Perform the duties prescribed by the California Elections Code in conducting municipal elections; (h) Perform the duties imposed upon city clerks by the California Political Reform Act; (i) Be responsible for the publication of all official advertising for the City; (j) Be responsible for the maintenance and distribution of the Municipal Code; (k) Process all claims filed against the City and its officers, agents, or employees, pursuant to Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900) and Chapter 3.16 of Title 3 of this Code; (1) Perform the financial and accounting duties imposed upon the City Clerk by Section 40802 through 40805 of the California Government Code; and (m) Perform such other duties consistent with this Code as may be required of the City Clerk by the City Council. 2.10.042 Bond The City Clerk shall furnish a corporate surety bond in the amount of $100,000 from a surety approved by the City Council for the faithful performance of the duties imposed upon the City Clerk. The premium for such bonds shall be a proper charge against the City. -28- sff/ORDl1001(010390-7) Chapter 2.12 DIRECTOR OF FINANCE Sections: 2.12.010 2.12.020 2.12.030 2.12.040 Office created. Appointment. Bond requirement. Duties. 2.12.010 Office created. There is hereby created and established the office of Director of Finance. 2.12.020 Appointment. The Director of Finance shall be appointed by and serve at the pleasure of the City Manager. 2.12.030 Bond requirement. The Director of Finance shall furnish a corporate surety bond to be approved by the City Council in the same amount as that required of the City Clerk, and it shall be conditioned upon the satisfactory performance of the duties imposed upon the Director of Finance by statute, ordinance or resolution. Any premium for such bond shall be a proper charge against the City of Temecula. 2.12.040 Duties. The Director of Finance shall be the head of the Finance Department of the City, and shall: (a) Have charge of the administration of the financial affairs of the City under the direction of the City Manager; and (b) Compile the budget expense and income estimates for the City Manager; and (c) Maintain a general accounting system for the City Government and each of its officers, departments and agencies; and (d) Supervise and be responsible for the disbursement of all monies and audit of all expenditures to ensure that budget appropriations are not exceeded; audit all purchase orders before issuance to ensure that sufficient funds are appropriated and available; audit and approve before payment bills, invoices, payrolls, demands or charges, -29- sff/ORDl1001(010390-7) (e) (f) (g) against the City Government; and, with the advice of the City Attorney, when necessary, determine the regularity, legality and correctness of such claims, demands or charges, and prepare and submit to the City Council periodically a register of audited demands with his affidavit attached thereto as provided in the Government Code; and Submit to the City Council periodic statements of all receipts and disbursements in sufficient detail to show the exact financial condition of the City; and, at the end of each fiscal year, submit a complete financial statement and report; and Supervise the keeping of current inventories of all property of the City by all City departments, offices and agencies; and Perform all the financial and accounting duties hereto fore imposed upon the City Clerk, and the City Clerk shall be relieved of such duties, including all such duties imposed upon the City Clerk by Sections 40802 through 40805 of the Government Code of the State of California, and including all such duties imposed upon the City Clerk by Section 37208 of the Government Code with respect to the prepayment of demands. -30- sff/ORDl1001 (010390-7) Sections: 2.15.010 2.15.020 2.15.030 2.15.040 ChaDter 2.15 CITY TREASURER Authority for office. Compensation. Functions. Bond. 2.15.010 Authority for office. The office of the city Treasurer is created and established. The City Treasurer shall be appointed by the City Council wholly on the basis of administrative and executive ability and qualifications. The City Treasurer shall hold office for and during the pleasure of the City Council. 2.15.020 Compensation. The City Treasurer shall receive such compensation and expense allowance as the City Council shall from time to time determine, and such compensation shall be a proper charge against such funds of the City as the City Council shall designate. 2.15.030 Functions. The City Treasurer shall perform such duties as are prescribed by Sections 41000 through 41007 of the California Government Code and by any other provisions of law applicable to deposit, investment and safekeeping of public funds of the City. 2.15.040 Bond. The City Treasurer shall furnish a corporate surety bond in the amount of $100,000 from a surety approved by the City Council for the faithful performance of the duties imposed upon the City Treasurer. The premium for such bonds shall be a proper charge against the City. -31- sff/ORD11001(010390-7) Sections: 2.16.010 2.16.020 2.16.030 Chapter 2.16 CITY ATTORNEY Office created. Compensation. Functions. 2.16.010 Office created. The office of the City Attorney is hereby established. It shall consist of the City Attorney and such assistants as may be authorized by the Council. The City Attorney shall administer the office and be responsible for the successful performance of its functions. The City Attorney shall serve under the direct supervision and control of the Council as its legal advisor. The Council may retain or employ other attorneys, assistants, or special counsel as may be needed to take charge of any litigation or legal matters or to assist the City Attorney therein. 2.16.020 Compensation. The City Attorney shall receive such compensation and expense allowance as the City Council shall from time to time determine, and such compensation shall be a proper charge against such funds of the City as the City Council shall designate. 2.16.030 Functions. The functions of the office of the City Attorney shall be to: (a) Advise the Council and all City officers in all matters of law pertaining to their offices; (b) Furnish legal service at all meetings of the Council, except when excused or disabled, and give advice or opinion on the legality of all matters under consideration by the Council or by any of the boards and commissions or officers of the City; (c) Prepare and/or approve all ordinances, resolutions, agreements, contracts and other legal instruments as shall be required for the proper conduct of the business of the City and approve the form of all contracts, agreements and bonds given to the City; and (d) Perform such other legal duties as may be required by the Council or as may be necessary to complete the performance of the foregoing functions. -32- sff/ORD11001(010390-7) Sections' 2.20.010 2.20.020 2.20.030 2.20.040 2.20.050 2.20.060 2.20.070 2.20.080 2.20.090 2.20.100 2.20.110 2.20.120 2.20.180 2.20.190 2.20.200 2.20.210 2.20.220 Chapter 2.20 DISASTER RELIEF General purposes. Definitions. Disaster corps. Disaster corps -- Activation. Disaster director. Disaster director -- Powers and duties. Office of disaster preparedness. Powers on succession. Orders by members of disaster corps. Line of succession for Council members. Emergency operating centers. Prohibited acts during emergencies. Proclamation of emergency -- Determination -- Authority. Proclamation of emergency -- Effective when -- Term. Proclamation of emergency -- Rules and regulations -- Powers of Disaster Director. Requisition of equipment or personnel. Penalty for violation. 2.20.010 General purposes. The purpose of this chapter is to provide for the preparation and carrying out of plans for the protection of persons and property within the City in the event of the emergency or disaster conditions hereinafter referred to; the direction of the disaster organization; and the coordination of the disaster functions of the City with the County and with all other public agencies, corporations, organizations, and affected private persons. 2.20.020 Definitions. As used in this chapter: (a) "State of war emergency" means the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this State or nation is attacked by an enemy of the United States, or upon receipt by the State of a warning from the federal government indicating that such an enemy attack is probable or imminent; -33- sff/ORD11001(010390-7) (b) "State of emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the State caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency," which conditions, by reason of the magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facili- ties of any single city, county or city and county and require combined forces of a mutual aid region or regions to combat; (c) "Local emergency" means the existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a city, county or city and county, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earth- quake or other conditions, other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equip- ment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat; (d) Other terms used herein shall have meanings as used in the California Emergency Services Act. 2.20.030 Disaster corps. The City disaster corps consists of all officers and employees of the City and its agencies, together with all volunteers and all groups, organizations and persons commandeered under the provisions of the California Emergency Services Act and this chapter, with all equipment and material publicly owned, volunteered, commandeered or in any way under the control of the afore- mentioned personnel, for the support of the aforementioned personnel in the conduct of disaster operations. The disaster corps shall be composed of such elements as are provided for in the disaster operations plan of the City. The officers of the City shall have the authority and duty to plan for mobilization, operation and support of that segment of the disaster corps for which each is responsible as provided for in the disaster operations plan of the City, and to conduct the activities thereof. 2.20.040 Disaster corps -- Activation. The disaster corps shall be activated and shall function as a disaster relief body, only: -34- sff/ORDl1001(010390-7) (a) emergency"; Upon the existence of a "state of war (b) Upon the declaration by the Governor of the State, or of persons authorized to act in his stead, of a "state of emergency" affecting and including the City; (c) Upon the declaration of a "local emergency" by the Board of Supervisors of Riverside County, or by persons authorized to act in its stead, affecting and including the City; or (d) Upon the declaration of a "local emergency" by the City Council of the City, or by persons herein authorized to act in its stead. 2.20.050 Disaster director. The City Manager shall be the disaster director. In the City Manager's absence or inability to act the City Manager shall automatically be succeeded as disaster director by the officials and persons named for this purpose, and in the order specified, in the disaster operations plan of the City. 2.20.060 Disaster director -- Powers and duties. The disaster director shall have the following powers and duties: (a) To make all appointments or delegate the making of the same, within the disaster corps; (b) To request the City Council to proclaim the existence of a "local emergency" if said Council is in session, or to issue such proclamation if said Council is not in session. Whenever a "local emergency" is proclaimed by the director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. The City Council shall review the necessity for continuing the "local emergency" no less frequently than every fourteen days until the emergency is terminated; (c) During the existence of a #state of war emergency", or the proclaimed existence of a "state of emergency" or a "local emergency" affecting the City, to: (1) Control and direct the activities of the city disaster corps; -35- sff/ORDl1001(010390-7) (2) Use all City resources for the preservation of life and property and to reduce the effects of disaster; (3) Resolve questions of authority and responsibility that may arise in disaster operations; (4) Obtain vital supplies, equipment and other resources needed for the preservation of life and property by either binding the City for the fair value thereof or by commandeering the same; (5) Delegate to elected and appointed officials of the City such duties and authorities as he deems necessary; (6) Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by any condition proclaimed an emergency as provided herein; (7) Exercise complete authority over the City and to exercise all police power vested in the City by the Constitution and general laws; and (8) Require performance of emergency services by any City officer or employee and to command the aid of as many citizens of the City as deemed necessary in the execution of the duties set forth in this chapter. (d) In addition to the powers granted herein, the director shall have such powers incidental to the perfor- mance of his or her duties as shall be necessary to allow the disaster operations plan of the City to be effectively carried out, it being the intent of this chapter that the enumerated powers herein are not limitations upon the director's powers. 2.20.070 Office of disaster preparedness. There is created the City Office of Disaster Preparedness, which shall consist of such positions as may be established by the City Manager. 2.20.080 Powers of succession. Each person who shall succeed to each position or office as provided herein, and as provided in the disaster operations plan of the City shall succeed to all the powers and duties of the office succeeded to immediately upon such succession. -36- sff/ORD11001 ( 010390-7 ) 2.20.090 Orders by members of disaster corps. During the existence of a "state of war emergency" or of a proclaimed "state of emergency" or "local emergency" affecting the City, each member of the City disaster corps shall have authority to require that all persons follow reasonable orders given by that member and within the scope of that member's functions, in order to execute the disaster operations plan of the City. The willful failure of any person to follow such reasonable order or orders is a misdemeanor. 2.20.100 Line of succession for Council members. The line of succession for the position of Mayor during a state of emergency, war emergency, local emergency or other condition of disaster, unless otherwise ordered by the City Council, shall be Mayor pro tempore followed by the remaining City Council members in the order of their seniority, excluding standby successors who may have been appointed pursuant to Section 8638 of the California Government Code. 2.20.110 Emergency oDeratinq centers. Unless exigencies render the same impossible or unduly hazardous to safety, two emergency operating centers shall normally be maintained within the City; one of these at the City Hall, and the other at the police headquarters. 2.20.120 Prohibited acts during emergencies. It is a misdemeanor for any person during a state of emergency, war emergency, local emergency or other condition of disaster to: (a) Willfully obstruct, hinder or delay any member of the City disaster corps in the enforcement of any law or lawful rule, regulation or order issued pursuant to this chapter, or in the performance of any duty imposed upon such disaster corps member by virtue of this chapter; (b) Do any act forbidden by any lawful rule, regulation or order issued pursuant to this chapter if such is of such a nature as to give, or be likely to give assistance to the enemy, or to imperil life or property, or to prevent, hinder or delay the defense or protection of persons or property; or (c) Wear, carry or display, without authority, any means of identification specified by the emergency services of disaster or civil defense agencies of the federal or state governments. -37- sff/ORDl1001(010390-7) 2.20.180 Proclamation of emerqency -- Determination -- Authority. Whenever riots, general civil disobedience, multiple law violations or the threat of the same occur in the City, the disaster director, or in the event of said director's inability to act, the chief of police, may determine that a local emergency exists. At such time the disaster director shall forthwith proclaim in writing the existence of a state of local emergency. The director shall cause such proclamation to be given widespread publicity and notice. 2.20.190 Proclamation of emergency -- When effective -- Term. The proclamation of local emergency provided herein shall become effective immediately upon its issuance and shall be disseminated to the public by appro- priate news media. Such a state of local emergency shall exist from the time the proclamation of emergency is issued until such time as it is similarly and duly terminated by the disaster director, or by the action or inaction of the City Council as provided by Section 2.20.060(b). 2.20.200 Proclamation of emergency -- Rules and regulations -- Powers of Disaster Director. After the issuance of a proclamation of local emergency the disaster director shall have the power to make, issue and enforce rules and regulations on matters reasonably related to the protection of life and property as affected by said emergency; provided, however, such rules and regulations shall be confirmed as soon as practicable by the City Council. In addition to those powers and duties set forth in Section 2.20.060, the disaster director is granted, but shall not be limited to, the following powers: (a) CURFEW. The disaster director may order a general curfew applicable to the entire City or such geographical areas thereof as deemed necessary to protect the public health, safety, welfare and morals. As used herein "curfew" means a prohibition against any person or persons walking, running, loitering, standing, riding or motoring upon any alley, street, highway, public property or private property except as authorized by the owner, lessee or person in charge of such private property. Persons officially delegated to duty with reference to such civil emergency and representatives of news media, physicians, nurses, ambulance operators performing medical services, utility personnel maintaining essential public services, firemen and law enforcement officers and other such personnel as well as those -38- sff/ORDl1001(010390-7) specifically authorized by duly delegated authority are exempted from the foregoing curfew requirements; (b) BUSINESS CLOSING. The disaster director may order the closing of any business establishments anywhere within the City, such businesses to include but not be limited to those selling alcoholic beverages, gasoline or firearms; (c) ALCOHOLIC BEVERAGES. The disaster director may order that no person shall consume any alcoholic beverages in a public street or place which is publicly owned or in any other public or private area on which the consumption of such alcoholic beverages is found by the disaster director, on just cause, to precipitate a clear and present danger to the well-being of the community during the emergency; (d) WEAPONS. The disaster director may order that no persons shall carry or possess any gun, bomb, fire bomb, knife, rock or other such weapon or item, the use of which would tend to inflict great bodily harm on persons or damage to property; (e) STREET CLOSURES. The disaster director may designate any public street, thoroughfare or vehicular parking area closed to motor vehicles and pedestrian traffic during the course of such an emergency. The foregoing specific authorizations and other such authorizations as may be deemed necessary during such emergencies are declared to be imminently necessary for the protection of life and property during such period. 2.20.210 Requisition of equipment or personnel. Once a proclamation of emergency is issued, the disaster director may request from the Governor all necessary assistance, requisition necessary personnel or materials from any city department or other source, control and direct all City personnel and equipment, obtain vital supplies and such other properties found lacking and needed for the protection of life and property and bind the City for the fair value thereof, and if required, commandeer immediately such property, equipment and personnel necessary for the public use during the term of the emergency. All persons required by the disaster director to provide aid to the City pursuant to Section 2.20.060(c) (8) shall be entitled to all privileges, benefits -39- sff/ORDl1001(010390-7) and immunities provided by State or local law for registered civil defense and disaster worker volunteers. 2.20.220 Penalty for violation. Any person violating any provision of this chapter or executive order issued pursuant thereto is guilty of a misdemeanor. -40- sff/ORDl1001(010390-7) Chapter 2.50 ADMINISTRATIVE MANDAMUS: STATUTE OF LIMITATIONS Sections: 2.50.010 2.50.020 Administrative decisions -- Judicial review: Time limits. Decisions affected. 2.50.010 Administrative decisions -- Judicial review: Time limits. The provisions of Section 1094.6 of the California Code of Civil Procedure are hereby adopted by the city Council, and said provisions are hereby made applicable in the City as further specified in Section 2.50.020 of this chapter. 2.50.020 Decisions affected. The provisions of this chapter shall be applicable to #decisions", as defined by Section 1094.6 of the California Code of Civil Procedure, that are final on and after January 1, 1990. -41- sff/ORDl1001(010390-7) Sections: Chapter 2.55 HOLIDAYS OBSERVED BY THE CITY 2.55.010 Holidays observed by the City. 2.55.010 Holidays observed by the City. (a) Notwithstanding anything to the contrary contained within California Government Code Section 6700, the public offices of the City, excluding those offices which must remain open for the continuation of essential public services such as police and fire protection, shall be closed on Saturdays, Sundays and on the following, and only the following holidays: (1) New Year's Day (January 1) (2) Martin Luther King Day (Third Monday in January) (3) Presidents Day (Third Monday in February) (4) Memorial Day (Last Monday in May) (5) Independence Day (July 4) (6) Labor Day (First Monday in September) (7) Veterans Day (November 11) (8) Thanksgiving Day (Fourth Thursday in November) (9) Friday following Thanksgiving Day (10) Christmas Day (December 25) (b) Holidays falling on Sunday will be observed on the following Monday. Holidays falling on Saturday shall be observed on the preceding Friday. (c) Other holidays may be designated by resolution or ordinance of the city Council. (d) Notwithstanding the foregoing provisions of this section, the City Manager shall be authorized, by administrative regulation or otherwise, to direct that all or a portion of the public offices of the City shall remain open for business, on a full or reduced staff basis, on any of the days or holidays prescribed above, when it is determined to be necessary for the public interest to do so. -42- sff/ORDl1001(010390-7) ChaDters: 3.08 3.10 3.12 3.13 3.16 3.18 3.20 3.22 3.25 Title 3 REVENUE AND FINANCE Investment of Moneys and Funds Collection of Debts to the City Purchases Informal Bidding Procedures Demands and Claims Transfer of Tax Functions Special Gas Tax Street Improvement Fund Real Property Documentary Transfer Tax Transient Occupancy Tax Sections: Chapter 3.08 INVESTMENT OF MONEYS AND FUNDS 3.08.010 3.08.020 3.08.030 3.08.040 3.08.050 3.08.060 3.08.070 Investment of City moneys and deposit of securities. Authorized investments. Sales of securities. City bonds. Reports. Deposits of securities. Trust fund administration. 3.08.010 Investment of City moneys and deposit of securities. Pursuant to, in accordance with, and to the extent allowed by Sections 53607 and 53608 of the Government Code, the authority to invest and reinvest moneys of the City, to sell or exchange securities, and to deposit them and provide for their safekeeping, is delegated to the City Treasurer. 3.08.020 Authorized investments. Pursuant to the delegation of authority in Section 3.08.010, the City Treasurer is authorized to purchase, at their original sale or after they have been issued, securities which are permis- sible investments under any provision of State law relating to the investing of general City funds, including but not limited to Sections 53601 and 53635 of the Government Code, as said sections now read or may hereafter be amended, from moneys in his or her custody which are not required for the -43- sff/ORDl1001(010390-7) immediate necessities of the City and as he or she may deem wise and expedient, and to sell or exchange for other eligible securities and reinvest the proceeds of the securities so purchased. 3.08.030 Sales of securities. From time to time the City Treasurer shall sell the securities in which City moneys have been invested pursuant to this chapter, so that the proceeds may, as appropriate, be applied to the purchase for which the original purchase money may have been designated or placed in the City treasury. 3.08.040 City bonds. Bonds issued by the City and purchased pursuant to this chapter may be canceled either in satisfaction of sinking fund obligations or otherwise if proper or appropriate; provided, however, that said bonds may be held uncancelled and while so held may be resold. 3.08.050 Reports. The City Treasurer shall make a monthly report to the City Council of all investments made pursuant to the authority delegated in this chapter. 3.08.060 Deposits of securities. Pursuant to the delegation of authority in Section 3.08.010, the City Treasurer is authorized to deposit for safekeeping, the securities in which City moneys have been invested pursuant to this chapter, in any institution or depository authorized by the terms of any State law, including but not limited to Section 53608 of the Government Code as it now reads or may hereafter be amended. In accordance with said section, the City Treasurer shall take from such institution or deposi- tory a receipt for the securities so deposited and shall not be responsible for such securities delivered to and receipted for by such institution or depository until they are withdrawn therefrom by the city Treasurer. 3.08.070 Trust fund administration. Any departmental trust fund established by the City Council pursuant to Section 36523 of the Government Code shall be administered by the City Treasurer in accordance with Section 36523 of the Government Code and any other applicable provisions of law. -44- sff/ORDl1001(010390-7) Sections: Chapter 3.10 COLLECTION OF DEBTS TO THE CITY 3.10.010 Collection of Debts to the City 3.10.010 Collection of Debts to the City. The amount of any fee, service charge, utility charge, license, or tax of any nature whatsoever imposed by this Code or by any other resolution, ordinance, rule, regulation or in any other fashion by the City of Temecula shall be deemed a civil debt owing to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license, or tax, together with any penalties applicable thereto as prescribed by this Code or any other enactment. Such action may also be commenced for the collection of any other amount or debt determined to be due the City on account of any contractual obligation or on account of any tortious act or conduct by any person. The remedy prescribed by this section shall be cumulative, and the use of a civil action to collect such an amount as a debt shall not bar the use of any other remedy provided by this Code or by law for the purpose of enforcing the provisions thereof. -45- sff/ORDl1001(010390-7) Sections: 3.12.010 3.12.020 3.12.030 3.12.040 3.12.050 3.12.060 3.12.070 3.12.080 3.12.090 3.12.100 3.12.110 3.12.120 3.12.130 3.12.140 3.12.150 3.12.160 3.12.170 3.12.180 3.12.190 3.12.200 3.12.210 3.12.220 3.12.230 3.12.240 3.12.250 3.12.260 3.12.270 3.12.280 3.12.290 3.12.300 3.12.310 3.12.320 3.12.330 Chapter 3.12 PURCHASES Adoption of purchasing system. Scope of Chapter. Centralized purchasing division. Purchasing agent. Purchasing regulations. Exemptions from centralized purchasing. Estimates of requirements. Requisitions. Purchase orders. Encumbrance of funds. Inspection and testing. Bidding. Formal (sealed) bid procedures. Notice inviting formal bids. Published notice for formal bids. Approved vendors list. Bulletin board notice. Bidder's security. Other formal bond requirements. Formal bid opening procedure. Rejection of formal bids. Award of formal bid contracts. Tie formal bids. No formal bids. Open market or informal bid procedure. Minimum number of informal bids. Notice inviting informal bids. Record of informal bids. Exceptions to competitive bidding requirement. Regulations regarding selection of contract services. Surplus supplies and equipment. Surplus supplies -- Trade ins. Surplus supplies -- Sale. 3.12.010 Adoption of purchasing system. In order to establish efficient procedures for the purchase of supplies and equipment at the lowest possible cost commensurate with quality needs, to exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases, a purchasing system is adopted. -46- sff/ORDl1001(010390-7) 3.12.020 Scope of Chapter. The procedures established by this chapter shall apply only to the purchase of supplies, equipment and services, and shall not apply to public projects as defined in Section 20161 of the California Public Contracts Code. 3.12.030 Centralized purchasing division. There is created a centralized purchasing division in which is vested authority for the purchase of supplies and equipment. 3.12.040 Purchasing agent. There is created the position of purchasing agent, who may also be known as the purchasing officer. The purchasing agent shall be the head and have general supervision of the purchasing division. The duties of purchasing agent may be combined with those of any other office or position. The purchasing agent shall have the authority to: (a) Purchase or contract for supplies and equipment required by any using agency in accordance with purchasing procedures prescribed by this chapter, such administrative regulations as the purchasing agent shall adopt for the internal management and operation of the purchasing division and such other rules and regulations as shall be prescribed by the City Council or the City Manager; (b) Negotiate and recommend execution of contracts for the purchase of supplies and equipment; (c) Act to procure for the City the needed quality in supplies and equipment at least expense to the City; (d) Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases; (e) Prepare and recommend to the City Council rules governing the purchase of supplies and equipment for the City; (f) Prepare and recommend revisions and amendments to the purchasing rules; (g) Keep informed of current developments in the field of purchasing, prices, market conditions and new products; (h) Prescribe and maintain such forms as are reasonably necessary for the operation of this chapter and other rules and regulations; -47- sff/ORDl1001(010390-7) (i) Supervise the inspection of all supplies and equipment purchased to insure conformance with specifications; (j) Recommend the transfer of surplus or unused supplies and equipment between departments as needed; (k) Maintain an approved vendors list, vendors' catalog file and records needed for the efficient operation of the purchasing division. 3.12.050 Purchasing requlations. The purchasing agent shall be responsible for determining that the regula- tions and procedures in Sections 3.12.060 through 3.12.120 are carried out. 3.12.060 Exemptions from centralized purchasing. The City Manager may authorize, in writing, any department to purchase specified supplies and equipment independent of the purchasing agent; provided, however, that the City Manager shall require that such purchases be made in conformity with the procedures established by this chapter and shall further require periodic reports from the department on the purchases made under such written authorization. 3.12.070 Estimates of requirements. All using departments shall file detailed estimates of their require- ments in supplies and equipment in such manner, at such time, and for such future periods as the purchasing agent shall prescribe. 3.12.080 Requisitions. Using departments shall submit requests for supplies and equipment to the purchasing agent by standard requisition form, or by other means as may be established by the purchasing rules and regulations. 3.12.090 Purchase orders. Purchases of supplies and equipment shall be made only by purchase orders. Except as otherwise provided herein, no purchase order shall be issued unless the prior approval of the purchasing agent or his designated representative has been obtained. 3.12.100 Encumbrance of funds. Except in cases of emergency, the purchasing agent shall not issue any purchase order for supplies or equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged. -48- sff/ORDl1001(010390-7) 3.12.110 Inspection and testing. The purchasing agent shall, in his or her discretion, inspect supplies and equipment delivered to determine their conformance with the specifications set forth in the order. The purchasing agent shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. 3.12.120 Bidding. Purchases of supplies and equipment shall be by bid procedures pursuant to Sections 3.12.130 through 3.12.280. Bidding may be dispensed with only under conditions stated in Section 3.12.290. 3.12.130 Formal (sealed) bid procedures. Except as otherwise provided herein, purchases of supplies and equipment of an estimated value greater than Ten Thousand Dollars ($10,000.00) shall be awarded to the lowest responsible bidder pursuant to the formal bid procedure hereinafter prescribed. 3.12.140 Notice inviting formal bids. Notices inviting formal bids shall include a general description of the article or service desired, shall state where bid documents and specifications may be secured, and the time and place for opening bids. 3.12.150 Published notice for formal bids. Notices inviting formal bids shall be published at least ten days prior to the date of opening of the bids. Notices shall be published at least once for non-public projects and at least twice, not less than five days apart for public projects, in a newspaper of general circulation in the City. 3.12.160 Approved vendors list. The purchasing agent shall also solicit formal sealed bids from responsible suppliers whose names are on the approved vendors list, or who have made written request that their names be added thereto. 3.12.170 Bulletin board notice. The purchasing agent shall advertise the pending formal purchases by posting a notice on the public bulletin board at the City offices. 3.12.180 Bidder's security. Where deemed necessary by the purchasing agent, formal bids shall be accompanied by security, either cash, cashier's check, certified check or surety bond, in a sum equal to ten percent of the total aggregate of the bid, and shall be -49- sff/ORDl1001(010390-7) designated in the notice inviting bids. Bidders shall be entitled to the return of bid security; provided, however, that a successful bidder shall forfeit the bid security upon his or her refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless the City is solely responsible for the delay in executing the contract. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder who is willing to execute the contract, or may reject all bids and readvertise. 3.12.190 Other formal bond requirements. A faithful performance bond and labor and material bond shall be required for all public projects, unless waived by the City Council, in an amount reasonably necessary to protect the best interests of the City. In addition, the City Council shall have authority to require a faithful perfor- mance bond or other bonds before entering into a contract other than a public project contract. If bonds are required, the form and amount thereof shall be designated in the notice inviting bids. 3.12.200 Formal bid opening procedure. Sealed bids shall be submitted to the purchasing agent and shall be identified as "bids" on the envelope. The purchasing officer, or designee, shall publicly open all bids at the time and place stated in the public notices. A tabulation of all bids received shall be available for public inspec- tion in the purchasing office during regular business hours for a period of not less than thirty calendar days after the bid opening. 3.12.210 Rejection of formal bids. In its discretion, the City Council may reject any and all bids presented and may cause readvertising for bids pursuant to the procedure hereinabove prescribed. However, when all bids exceed the authorized budgeted amount, the City Manager may authorize rejection of all bids and authorize rebidding based upon the original specifications or as they may be modified, in accordance with procedures prescribed herein. 3.12.220 Award of formal bid contracts. Except as otherwise provided herein, formal bid contracts shall be awarded by the City Council to the lowest responsible bidder. The determination of "lowest responsible bidder" shall be at the discretion of the City Council pursuant to findings and recommendations presented by the purchasing agent at the time of award of contract. -50- sff/ORDl1001 (010390-7) 3.12.230 Tie formal bids. If two or more formal bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the City Council may in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening or award of contract. 3.12.240 No formal bids. When no formal bids or no responsive bids are received, the purchasing officer is authorized to negotiate for written proposals, and his or her recommendation shall be presented to the City Manager and the award, if any, shall be made in accordance with applicable provisions prescribed herein. 3.12.250 ODen market or informal bid procedure. Purchases of supplies and equipment of an estimated value in the amount of Ten Thousand Dollars ($10,000.00) or less may be made by the purchasing agent in the open market pursuant to the procedure prescribed in Sections 3.12.260 through 3.12.280 and without observing the procedure prescribed in Sections 3.12.130 through 3.12.240; provided, however, all bidding may be dispensed with for purchases of supplies and equipment having a total estimated value of less than One Thousand Dollars ($1,000.00). 3.12.260 Minimum number of informal bids. Open market purchases shall, wherever possible, be based on at least three informal bids, and shall be awarded to the bidder offering the most advantageous bid to the City after consideration of price, quality, durability, servicing, delivery time, standardization, and other factors. 3.12.270 Notice inviting informal bids. The purchasing agent shall solicit informal bids by written requests to prospective vendors, or by telephone, or by public notice posted on a public bulletin board at the City offices. 3.12.280 Record of informal bids. The purchasing agent shall keep a written record of all open market purchases and informal bids for a period of two years. This record, while so kept, shall be open to public inspection. 3.12.290 Exceptions to competitive bidding requirement. Notwithstanding any provision of this chapter to the contrary, the competitive bidding procedures and -51- sff/ORDl1001(010390-7) requirements may be dispensed with in any of the following instances: (a) When the estimated amount involved is less than One Thousand Dollars ($1,000.00); (b) one vendor; When the commodity can be obtained from only (c) The City Manager may authorize the purchase of materials, supplies, equipment and services where an emergency is deemed to exist and it is determined that service involving the public health, safety or welfare would be interrupted if the normal procedure were followed. All emergency purchases which would otherwise require formal bidding procedures made pursuant to this Section shall be submitted to the city Council for ratification at the next regular Council meeting after the purchase is authorized; (d) Contracts for personal services, for professional and consultant services, and for other, non- public projects and contractual services may be executed without observing the bidding procedures provided herein. The City Manager is authorized to enter into such contracts where the amount of the contract does not exceed Ten Thousand Dollars ($10,000.00); provided there exists an unencumbered appropriation in the fund account against which said expense is to be charged. Where the amount of the contract exceeds Ten Thousand Dollars ($10,000.00) the contract shall be approved by the City Council; (e) Any agreement involving acquisition of supplies, equipment or service entered into with another governmental entity. 3.12.300 Regulations regarding selection of contract services. The city Council shall, by resolution, prescribe procedures, rules and regulations governing the solicitation, selection and award of proposals or bids for the furnishing of personal services or professional or consulting services or for other contractual services, the contracts for which may be awarded without observing the bidding procedures provided for in this chapter. Such procedures, rules and regulations shall have as one purpose the obtaining of contractual services of the highest quality together with cost-effectiveness. 3.12.310 Surplus supplies and equipment. All using departments shall submit to the purchasing agent, at such times and in such forms as he shall prescribe, reports -52- sff/ORDl1001(010390-7) showing all supplies and equipment which are no longer used or which have become obsolete and worn out. 3.12.320 Surplus supplies -- Trade-ins. The purchasing agent shall have authority to exchange for or trade in on new supplies and equipment all supplies and equipment which cannot be used by any department or which have become unsuitable for City use. 3.12.330 Surplus supplies -- Sale. The purchasing agent shall have authority, subject to approval of the City Manager, to dispose of surplus supplies or equipment by auction or by sale or otherwise after receiving bids or proposals which, in his or her judgment, provide the maximum return to the City. -53- sff/ORDl1001(010390-7) Sections: Chapter 3.13 INFORMAL BIDDING PROCEDURES 3.13.010 3.13.020 3.13.030 3.13.040 3.13.050 3.13.060 Construction on public projects. List of qualified contractors. Notice inviting informal bids. Contents of notice. Delegation of authority to award informal contracts. Scope of Chapter. 3.13.010 Construction on public projects. The provisions of this chapter shall apply to construction on public projects of not more than Seventy-Five Thousand Dollars ($75,000.00). Public projects of Twenty-Five Thousand Dollars ($25,000.00) or less may be performed by City employees by force account, by negotiated contract or by purchase order. Public projects of Seventy-Five Thousand Dollars ($75,000.00) or less may be let to contract by informal procedures as set forth in this chapter. 3.13.020 List of qualified contractors. The City Manager, or the City Manager's designee, shall maintain a list of qualified contractors identified according to categories of work. Such list shall comply with the minimum criteria for development and maintenance of such list, as determined from time to time by the California Uniform Construction Cost Accounting Commission ("Commission#). 3.13.030 Notice inviting informal bids. Where a public project is to be performed which is subject to the provisions of this Chapter, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 3.13.020, and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be noticed at the discretion of the department soliciting bids; provided however: (a) If there is no list of qualified contractors maintained by the City for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission. -54- sff/ORDl1001(010390-7) (b) If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. 3.13.040 Contents of notice. The notice inviting informal bids shall describe the project in general terms, state how to obtain more detailed information about the project, and state the time and place for the submission of bids. 3.13.050 Delegation of authority to award informal contracts. The City Council may delegate the authority to award informal contracts to the City Manager or other appropriate person, by separate action of the City Council. -55- sff/ORDl1001(010390-7) Sections: 3.16.010 3.16.020 3.16.030 3.16.040 3.16.050 3.16.060 3.16.070 3.16.080 3.16.090 Chapter 3.16 DEMANDS AND CLAIMS Claims for money or damages. Auditing prerequisite to payment. Forms -- Blanks for demands. Departmental approval of claims. Approval by City Manager. Prepayment of demands. Register of demands. City Council approval. Record of approved demands. 3.16.010 Claims for money or damages. As a prerequisite to bringing suit thereon against the City or any officer, employee, department, commission or board of the City, any claim for money or damages, including claims which would otherwise be excepted by Section 905 of the Government Code of California, which is not governed by any other statute or regulation expressly relating thereto, shall be presented and acted upon in accordance with Title 1, Division 3.6, Part 3, Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910), of the California Government Code. This section shall relate only to the bringing of suit upon any claim, and shall not be deemed to apply to the authority of the Director of Finance and general services, the City Council, and other City officers to process and pay, in the ordinary course of business, the just obligations of the City, such as routine salaries and wages, principal and interest on bonds, payments for purchases, and other like expenditures for which there is an express budget appropriation, and in connection with which there is no dispute as to the obligation and amount being payable. 3.16.020 Auditing prerequisite to payment. No payment shall be made from the city treasury or out of the funds of the City unless the demand which is to be paid is duly audited as prescribed herein or by other provisions of law. 3.16.030 Forms -- Blanks for demands. Claims against the City shall be paid on demands on the treasury as herein provided on forms to be prescribed by the City Manager. -56- sff/ORDl1001(010390-7) 3.16.040 Departmental approval of claims. Except for tort claims, every claim and demand received against the City shall be first presented to and approved in writing by the receiving department or office, which shall certify to the actual delivery or rendition of the supplies, materials, property or service for which payment is claimed. The receiving department or office shall also certify that the quality and prices correspond with the original specifications and contracts, if any, upon which the claim is based, that the demand in all other respects is proper and valid, and shall indicate the budgetary account to which said demand is to be charged. 3.16.050 Approval by City Manager. Each demand approved by the receiving department or office shall be presented to the City Manager, who shall determine whether: (a) The claim is legally due and owing by the City; (b) There are budgeted or otherwise appropriated funds available to pay said claim; (c) The claim conforms to a valid requisition or order; (d) The prices and computations shown on the claim are verified; (e) The claim contains the approval of other departments and officials as required. 3.16.060 Prepavment of demands. (a) Prepayment of demands prior to audit by the City Council may be made by the City Manager in conformance with the authority provided by Section 37208 of the California Government Code. (b) Whenever the City Manager determines that a refund of fees, taxes or other receipts collected in error or in advance of being earned, or of money the refund of which is otherwise required pursuant to specific provisions of this Code or of any other ordinance of this City is due, then any such refund shall be deemed as conforming to the currently approved budget, and may be prepaid in the same fashion as other demands encompassed within the terms of subsection (a) of this section. -57- sff/ORDl1001 (010390-7) 3.16.070 Register of demands. Following audit of demands, the city Manager shall prepare a register of audited demands showing the claimant's name, amount of demand, the warrant number and date thereof, and transmit said register to the City Council, with a recommendation of approval or other report. 3.16.080 City Council aDproval. The register of demands shall be presented to the city Council at the next meeting thereof. The city Council may by resolution approve, conditionally or partially approve or reject such register of demands. 3.16.090 Record of approved demands. Following approval of the register of demands by the City Council, the Mayor and the City Manager shall endorse the register of audited demands to signify that the demands therein were properly processed prior to any action taken by the City Council. -58- sff/ORDl1001(010390-7) Sections: 3.18.010 Chapter 3.18 TRANSFER OF TAX FUNCTIONS Assessment and collection of City taxes by County. 3.18.010 Assessment and collection of City taxes by County. Pursuant to, and in compliance with Section 51501 of the California Government Code, and except as otherwise provided in this Code, the assessment and tax collection duties which otherwise might be performed by a City assessor and tax collector are transferred to the Assessor and Tax Collector of the County of Riverside. -59- sff/ORDl1001(010390-7) Sections: Chapter 3.20 SPECIAL GAS TAX STREET IMPROVEMENT FUND 3.20.010 3.20.020 3.20.030 Created. Moneys included. Expenditures. 3.20.010 Created. To comply with the provisions of Section 2113 of the California Streets and Highways Code, and to avail the city of the benefits of Sections 2106 and 2107 of said Code, there is hereby created in the City treasury a special fund to be known as the "Special Gas Tax Street Improvement Fund." 3.20.020 Moneys included. All moneys received by the City from the State of California under the provisions of the Streets and Highways Code for the acquisition of real property or interests therein, for engineering, or for the construction, maintenance and improvement of streets or highways by the City shall be paid into said fund. 3.20.030 Expenditures. All moneys in said fund shall be expended exclusively for the purposes authorized by and subject to the provisions of the California Streets and Highways Code. -60- sff/OROl1001(010390-7) Sections: Chapter 3.22 REAL PROPERTY DOCUMENTARY TRANSFER TAX 3.22.010 3.22.020 3.22.030 3.22.040 3.22.050 3.22.060 3.22.070 3.22.080 3.22.090 3.22.100 Short title -- Adoption. Imposition -- Rates. Payment. Tax inapplicable to instruments in writing to secure debts. Government and its agencies not liable. Tax inapplicable to conveyances to make effective plan of reorganization or adjustment. Tax inapplicable to make effective order of Securities and Exchange Commission. Partnership. Administration. Claims for refund. 3.22.010 Short title -- Adoption. This chapter shall be known as the #Temecula Real Property Transfer Tax". This chapter is adopted pursuant to the authority contained in Part 6.7 (commencing with Section 11901) of Division 2 of the California Revenue and Taxation Code. 3.22.020 ImDosition -- Rates. There is imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within the City shall be granted, assigned, transferred or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his or their direction, when the considera- tion or value of the interest or property conveyed (exclu- sive of the value of any lien or encumbrances remaining thereon at the time of sale) exceeds One Hundred Dollars ($100.00), a tax at the rate of twenty-seven and one-half cents ($.27) for each Five Hundred Dollars ($500.00) of consideration or value or fractional part thereof. 3.22.030 Payment. Any tax imposed pursuant to Section 3.22.020 shall be paid by any person who makes, signs or issues any document or instrument subject to the tax, or for whose use or benefit the same is made, signed or issued. 3.22.040 Tax inapplicable to instruments in writing to secure debts. Any tax imposed pursuant to this -61- sff/ORDl1001(010390-7) chapter shall not apply to any instrument in writing given to secure a debt. 3.22.050 Government and its agencies not liable. The United States or any agency or instrumentality thereof, any State or territory, or political subdivision thereof, or the District of Columbia shall not be liable for any tax imposed pursuant to this chapter with respect to any deed, instrument or writing to which it is a party, but the tax may be collected by assessment from any other party liable therefor. 3.22.060 Tax inapplicable to conveyances to make effective plan of reorganization or adjustment. Any tax imposed pursuant to this chapter shall not apply to the making, delivering or filing of conveyances to make effective any plan of reorganization or adjustment: (a) amended; Confirmed under the Federal Bankruptcy Act, as (b) Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in Title 11 of the United States Code, as amended; or (c) Approved in an equity receivership proceeding in a court involving a corporation as defined in Title 11 of the United States Code, as amended; or (d) Whereby a mere change in identity, form or place of organization is effected. Subdivision (a) to (d), inclusive, of this section shall apply only if the making, delivery or filing of instruments of transfer or conveyances occurs within five years from the date of such confirmation, approval or change. . 3.22.070 Tax inapplicable to make effective order of Securities and Exchange Commission. Any tax imposed pursuant to this chapter shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in subdivision a. of Section 1083 of the Internal Revenue Code of 1954; but only if: (a) The order of the Securities and Exchange Commission in obedience to which such conveyance is made recites that such conveyance is necessary or appropriate to effectuate the provisions of Section 79k of Title 15 of the -62- sff/ORDl1001(010390-7) United States Code, relating to the Public Utility Holding Company Act of 1935; (b) Such order specifies the property which is ordered to be conveyed; (c) Such conveyance is made in obedience to such order. 3.22.080 Partnerships. (a) In the case of any realty held by a partnership, no levy shall be imposed pursuant to this chapter by reason of any transfer of an interest in a partnership or otherwise, if: (1) Such partnership (or another partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; and (2) Such continuing partnership continues to hold the realty concerned. (b) If there is a termination of any partnership within the meaning of Section 708 of the Internal Revenue Code of 1954, for purposes of this chapter, such partnership shall be treated as having executed an instrument whereby there was conveyed, for fair market value (exclusive of the value of any lien of encumbrances remaining thereon), all realty held by such partnership at the time of such termination. (c) Not more than one tax shall be imposed pursuant to this chapter by reason of a termination described in subdivision (b), and any transfer pursuant thereto with respect to the realty held by such partnership at the time of the such termination. 3.22.090 Administration. The County Recorder shall administer this chapter in conformity with the provisions of Part 6.7 of Division 2 of the California Revenue and Taxation Code and the provision of any County ordinance adopted pursuant thereto. 3.22.100 Claims for refund. Claims for refund of taxes imposed pursuant to this chapter shall be governed by the provisions of Chapter 5 (commencing with Section 5096 of Part 9 of Division 1) of the California Revenue and Taxation Code. -63- sff/ORDl1001(010390-7) 3.25.010 3.25.020 3.25.030 3.25.040 3.25.050 3.25.060 3.25.070 3.25.080 3.25.090 3.25.100 3.25.110 3.25.120 3.25.130 3.25.140 Chapter 3.25 TRANSIENT OCCUPANCY TAX Short title. Definitions. Rate. Exemptions. Operator's duties. Registration. Reporting and remitting. Penalties and interest. Failure to collect and report. Appeal. Records. Refunds. Actions to collect. Violations designated misdemeanor. 3.25.010 Short title. This chapter shall be known as the "Temecula Uniform Transient Occupancy Tax". 3.25.020 Definitions. Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter. (a) "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver trustee, syndicate, or any other group or combination acting as a unit. (b) "Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes, but is not limited to, any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobilehome or house trailer at a fixed location, or other similar structure or portion thereof, duplex, triplex, single-family dwelling units except any private dwelling house or other individually-owned single-family dwelling rented only infre- quently and incidental to normal occupancy or any timeshare as set out in California Revenue and Taxation Code Section 7280; provided that the burden of establishing that the facility is not a hotel shall be on the owner or operator thereof. -64- sff/ORDl1001(010390-7) (c) "Occupancy" means the use or possession or the right to the use or possession of any room or rooms or portion thereof, offered for rent for dwelling, lodging or sleeping purposes. (d) "Transient" means any person who occupies or is entitled to occupy by reason of concession, permit, right of access, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel is a transient until the period of thirty days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, an uninterrupted period of time extending both prior and subsequent to the effective date of this chapter may be considered. (e) "Rent" means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. (f) "Operator" means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent also is an operator for the purposes of this chapter and has the same duties and liabilities as his or her principal. Compliance with the provisions of this chapter by either the principal or the managing agent is, however, considered to be compliance by both. (g) "Tax administrator" means the City Manager. 3.25.030 Rate. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of 8% of the rent charged by the operator. This tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator of the hotel at the time the rent is paid. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If, for any reason, the tax due is not paid to the operator of the -65- sff/ORDl1001(010390-7) hotel, the tax administrator may require that such tax be paid directly to the tax administrator. 3.25.040 Exemptions. No tax shall be imposed upon any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. No exemption shall be granted except upon written claim therefor made under penalty of perjury at the time the rent is paid, upon a form prescribed by the Tax Collector. Federal, State and local officers and employees are not exempt. 3.25.050 Operator's duties. Each operator shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner hereinafter provided. 3.25.060 Registration. Within thirty days after commencing business, each operator of any hotel renting to transients must register the hotel with the tax adminis- trator and obtain from him or her a #Transient Occupancy Registration Certificate# to be posted at all times in a conspicuous place on the premises. This Certificate shall state, among other things, the following: (a) The name of the operator; (b) The address of the hotel; (c) issued; and The date upon which the Certificate was (d) "This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the Uniform Transient Occupancy Tax by registering with the tax administrator for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the tax administrator. This Certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all applicable laws, including but not limited to those requiring a permit from -66- sff/ORDl1001(010390-7) any board, commission, department or office of this City. This certificate does not constitute a permit." 3.25.070 Reporting and Remitting. Each operator shall, on or before the last day of the month following the close of each calendar quarter, make a return to the tax administrator, on forms provided by the tax administrator, of the total rents charged and received and the amount of tax collected for transient occupancies during the preceding month. At the time the return is filed, the full amount of the tax collected shall be remitted to the tax adminis- trator. The tax administrator may establish shorter reporting periods for any certificate holder if it is deemed necessary to ensure collection of the tax, and may require further information in the return. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter are held in trust for the account of the City until payment thereof is made to the tax administrator. 3.25.080 Penalties and Interest. (a) Original Delinquency. Any operator who fails to remit any tax imposed by this chapter within the time required shall pay a penalty of ten percent (10%) of the amount of the tax in addition to the amount of the tax. (b) Continued Delinquency. Any operator who fails to remit any delinquent remittance on or before the first day of the next calendar month following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent (10%) of the amount of the tax in addition to the amount of the tax and the ten percent (10%) penalty first imposed. (c) Fraud. If the tax administrator determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty-five percent (25%) of the amount of the tax shall be added thereto in addition to the penalties stated in subsections (a) and (b). (d) Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one-half of one percent (.5%) per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. (e) Penalties Merged with Tax. Every penalty imposed and such interest as accrues under the provisions of -67- sff/ORDl1001(010390-7) this section shall become a part of the tax herein required to be paid. 3.25.090 Failure to collect and report. If any operator fails or refuses to collect the tax and to make, within the time provided in this chapter, any report and remittance of the tax or any portion thereof required by this chapter, the tax administrator shall proceed in such manner as he or she deems best to obtain facts and informa- tion on which to base an estimate of the tax due. As soon as the tax administrator procures such facts and information as he or she is able to obtain upon which to base the assessment of any tax imposed by this chapter and payable by any operator who has failed or refused to collect the same and to make such report and remittance, the tax adminis- trator shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter. In case such determination is made, the tax administrator shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at his last known place of business. Such operator may within ten days after the serving or mailing of such notice make application in writing to the tax administrator for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, deter- mined by the tax administrator shall become final and conclusive and immediately due and payable. If such appli- cation is made, the tax administrator shall give not less than five days' written notice in the manner prescribed herein to the operator to show cause at a time and place fixed in the notice why the amount specified therein should not be fixed for such tax, interest and penalties. At such hearing, the operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such hearing the tax administrator shall determine the proper tax to be remitted and thereafter give written notice to the person in the manner prescribed herein of such determination and the amount of such tax, interest and penalties. The amount determined to be due shall be payable after fifteen days unless an appeal is taken as provided in Section 3.25.100. 3.25.100 Appeal. Any operator aggrieved by any decision of the tax administrator with respect to the amount of such tax, interest and penalties, if any, may appeal to the City Council by filing a notice of appeal with the City Clerk within fifteen days of the serving or mailing of the -68- sff/ORDl1001(010390-7) determination of tax due. The City Council shall fix a time and place for hearing such appeal, and the City Clerk shall give notice in writing to such operator at his last known place of business. The findings of the City Council are final and conclusive and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due is immediately due and payable upon the service of notice. 3.25.110 Records. It is the duty of every operator liable for the collection and payment to the City of any tax imposed by this chapter to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such tax for which said operator may be or may have been liable. The tax administrator shall have the right to inspect all such records at all reasonable times. All tax returns and information furnished by any operator pursuant to this Chapter shall be confidential and shall not be open to public inspection nor the specific contents thereof disclosed by any officer or employee except as necessary in the performance of official duty pursuant to this Chapter, or in the course of any proceeding, hearing or litigation involving the existence or amount of the tax liability of such operator or with the written consent of the operator or his authorized representative. 3.25.120 Refunds. (a) Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the City under this chapter it may be refunded as provided in subsections (b) and (c) provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the tax administrator within three years of the date of payment. The claim shall be on forms furnished by the tax administrator. (b) An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once, or erroneously or illegally collected or received when it is established in a manner prescribed by the tax administrator that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit is allowed unless the amount of the tax so collected has either -69- sff/ORDl1001(010390-7) been refunded to the transient or credited to rent subsequently payable by the transient to the operator. (c) A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the City by filing a claim in the manner provided in subsection A, but only when the tax was paid by the transient directly to the tax administrator, or when the transient, having paid the tax to the operator, establishes to the satisfaction of the tax administrator that the transient has been unable to obtain a refund from the operator who collected the tax. (d) No refund shall be paid under the provisions of this section unless the claimant establishes his right thereto by written records showing entitlement thereto. 3.25.130 Actions to collect. Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the City. Any such tax collected by an operator which has not been paid to the City shall be deemed a debt owed by the operator to the City. Any person owing money to the City under the provisions of this chapter is liable to an action brought in the name of the City for the recovery of such amount. 3.25.140 Violations designated misdemeanor. Any operator or other person who fails or refuses to register as required herein, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the tax administrator, or who renders a false or fraudulent return or claim, is guilty of a misdemeanor. Any person required to make, render, sign or verify any report or claim, who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this chapter is guilty of a misdemeanor. SECTION 2. Repeal of Prior Ordinances. Ordinance Nos. 89-2, 89-3, 89-6, 89-7, 89-8, 89-9, 89-11 and 89-12 of the City of Temecula are hereby repealed. SECTION 3. Certification. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be posted. -70- sff/ORDl1001(010390-7) SECTION 4. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. PASSED, APPROVED AND ADOPTED this , 1990. day of ATTEST: RON PARKS MAYOR F. D. ALESHIRE City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) ss. I, F. D. Aleshire, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 90-__ was duly introduced and placed upon its first reading at a regular meeting of the city Council on the day of , 1990, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS- ABSENT: COUNCILMEMBERS- APPROVED AS TO FORM: F. D. ALESHIRE CITY CLERK Scott F. Field City Attorney -71- jec/AGD13221 CITY OF TEMECUL~ AGENDA REPORT TO: FROM: DATE: MEETING DATE SUBJECT: CITY MANAGER/CITY COUNCIL SCOTT F. FIELD, CITY ATTORNEY ~ FEBRUARY 7, 1990 FEBRUARY t3, 1990 ADOPTION OF PERMANENT CITY ORDINANCES RECOMMENDATION: That the City Council adopt Ordinance No. 90- which adopts by reference portions of the Non- Codified Riverside County ordinances. DISCUSSION: At its first meeting, the City Council adopted Ordinance No. 89-1, which adopted all of the County Ordinances by reference. Pursuant to Government Code Section 57376, this Ordinance was valid for 120 days, or until March 30, 1990. Consequently, it is now necessary for the City to adopt its permanent ordinances. The City has already done this in part by adopting the first three titles of its Municipal Code. Eventually, the City will adopt an entire Municipal Code, but that will be a major undertaking that will have to be provided for in future budgets. In the meanwhile, it is best to simply continue to enforce the County Ordinances. Attached for the City Council's consideration is an Ordinance permanently adopting by reference the relevant portions of the Non-Codified Riverside County ordinances. By adopting by reference these County ordinances, the City will have in effect, created its own Municipal Code. Please note that Section 33 provides that the equivalent City officers and positions are substituted for the County officers and positions. The enclosed Ordinance adopts all pertinent and applicable County ordinances. For your reference, we have attached copies of the Table of Contents of the Riverside County Ordinances which reflect those ordinances which we have recommended to be adopted, and those ordinances which we deleted. -1- jec/AGD13221 The procedure for adopting the County ordinances by reference is set forth at Government Code Section 50022.1, et seq. These Code Sections require that the City initially introduce the Ordinance, and then hold a public hearing prior to the second reading. If the Ordinance is introduced by the City Council on February 13, 1990, then the public hearing and the second reading will be held on February 27, 1990. The Ordinance would then go into effect on March 29, 1990. FISCAL IMPACT: ATTACHMENTS: Proposed Ordinance No. 90- ; Copies of the Table of Contents of the Non-Codified Riverside County Ordinances; Proposed Notice of Public Hearing. -2- O:rd o 190 213 217 '258 265 269 323 328 331 339 340 354 358 366 369 374 376 381 396 397 402 403 TABLE OF CONTENTS (Numerical Order) Subject Public Nuisance (Parts of Trees; Domestic and Cultivated Fruit Trees) C~r~,,a~ ahd Public Admini~t~at~ Peddling, Regulating and Licensing Ilcz%lil,g & Grazing ~i~a13 / Wild Flowcr Rc=crwc= Building Rcstriction=: Mi=~ion Blvd. . Ilcight Limit=, Harch Air Ficld Buildin~ Restrictions: Jurupa Avonuc Parks and Recreation Camps Gaming Loitering, Persons under 18 years of age Water Wells Public U~ a,,d Tkavcl, Yorba Strcct Dusin6aa Ilouzs, County Offices Dances Sewage or Waste, Disposal Sheriff's Reserve Corps / Disaster Service Workers Fish alld Ga~¢ Commi==ion Communications Department Capital Outlays Fund Buildi.~ Rest=ictions: ,¢Sth Avenue Juvenile Institutions ., 1 490 492 493 495 496 497 499 5O0 502 503 ~50G 507 508 5O9 510 512 513 514 515 516 517 52O 523 524 525 527 CATV: Ca. Water & Telephone Company Food Establishments Restaurants Taxc~z Uniform Tran~icnt O~u~a~.cy Warrants, Duplicate Public Guardian Encroachments and Excavations, Highway Vehicles: Weight of Vehicles Firearms: Minors CATV: Procedures for Issuance of Licenses W~k Furlough Program Sales, Closing Out and Relocating Fortunetelling Agricultural Preserves Assessment Appeals Board Highways: One-way Repealed (Effective 2-17-89) Firearms: Use and Discharge of Delinquency Prevention Commission Taxes; T~a~..f¢~ of Real Propcrty Underground Utility District Abandoned - Public Nuisance Vehicles: Flies Vehicles: Oversize and Overweight Water Backflow Prevention Devices Flies & Fly Abatement Committee 566 567 568 569 570 573 575 576 577 578 580 581 583 584 585 '586 §88 ~59 ¢ 595 596 597 Green Corn Food Handlers Embalming Fees Lettuce Mosaic Disease Milk Market Fees County Scrvico Aroa~, Chargc~ School Dedications Airport Ambulance Services Historic Preservation Districts Mobile Food Preparation Units Juvenile Facilities Corporation Audit~ Controllcr Drug Paraphernalia, Minors Vehicles & Pedestrian Traffic Rcdcvclopmcnt: Palm Home Mortgage Finance Program Dcputy Marshals & D. A. Investigators California Penal Code 1203.1b, Probation Sewer Use Garage Sales Training, Supcrviseis Alarm Systems Massage Industrial Development Authority 628 630 '631 -632 '633 634 640 641 642 645 6{6 647 '648 '649 650 651 652 653 654 655 656 657 659 $tatutc of Limitationc of Admiai~rat~ive--Docisi~-- Prohibiting ~thing, Swimming, B~ti~, or Entgr~ ?rriga%i~ C~nal, Ditch, or Drain in Uninco~era~4 Arcan of ~1o Vcrdc Valley Regulating of Dogs and Cats & Suppression of Rabies s~oial Tax Within CFD ~86 1 Rcdcvclop U~,inco~. A~ by Mu~enu Valley Agency Appoint Dircctor= to Rc~ourcc Con~c~ation Districts Co~ercial Filming within the Uninco~orated Areas Establishing Health Se~ice Dcvclopmcnt of Rcal Propc~y in thc Mira ~ma Aroa Opcn Ficld. Aspara~: Burning in Coachclla Valloy Adopting thc ~cvclopmcnt Plan for Projcct No. 2 1987 Adopting the R~cvclop~cnt Plan for Projcct No. 3 1987 Ado~i~.g the R~cwelopmcnt Plan for Pr~jgct No. ~-19R7 Adopting thc R~cvelopmcnt Plan fo~ P~j~t No. 5 1987 Spccial Tax within CFD No. 87 5 Sewage Discharge in Uninco~orated Territo~ Hazardous Materials Inventories Disclosure Disclosure to Non-Profit Organization of Funds Fcc~ Exa~ina~io., of Su~cy &Corncr Records Fae~ for S~ices Re~,dered Treasu~e~. Tax Collector Re~lating Light Pollution Prohibiting Aids Discrimination Re~lating Collection and Removal of Solid Waste Development Mitigation Fee for Residential Development TABLE OF CONTENTS (ALPHABETICAL) TITLE Adult Bookstores Affidavit, Cash Statements Agcncy~ Redevelopment (Unincorporated Tc~it~y Agriculture: Agricultural Preserves Agriculture Commodities Nuisance Defense: (Agricultural Activities, Operations, and Facilities) Aids Discrimination Airport Airport Operations Alarm Systems Ambulance Services Animals: Control of Domestic Animals Non-Domestic Animals- At-large Herding and Grazing Annual Tax, Bond Principal and Interest Appointmcnt of Directe~ Ra~u~¢~ Assessed Valuation of Replacement Property- Prop.90 Assessment Appeals Board ORDINANCE 627 604 612 509 563 625 656 576 487 & 448 595 577 630 534 258 434 662 670 510 jec/ORD13221a ADDENDUM OF ADOPTED ORDINANCE 460 461 (As amended through Ordinance No. 460.93) Subdivision (As amended through Ordinance No. 461.6) Road Improvement Standards The Official Zoning Map of the City of Temecula entitled #Temecula/Rancho California Zoning Area" dated January 1, 1988. Communications Department Co~unity Facilitic~ Dist No. 85 2, Spccial Tax -C~,=uu,,ity Facilitics Dist No. $6 1, Special Tax -Co~uhity Facilitiem Dis~ No. 87 5, S~¢ial Tax Compensation of Jurors -CoronQr and Public Administrator County Service Areas, Charges County Parking Lots Dances Dead Bodies Delinquency Prevention Commission Deputy Ma~hal~ Development Mitigation Fee, Residential Development 'Dcvclopmcnt of Rcal Propcity in Mi~a Loma · Dircctor=~ Rc~ouroc Conscrvation District: Authorizing Appointmcnt of Dircctors to Ra~ou~ Co,,~ation District= Di=a=tcru~ Rclicf Scrvicc Workcr: 'Tax R~lief Development Mitigation Fee Diseases: Lettuce, Mosaic Livestock Distiict Atto~,,ey& Inv~a'ti~ato~s Dogs 3 396 62¢ 6%9 601 213 573 626 366 608 515 589 659 633 ~33 37~ 538 659 569 468 589 560 & 630 Garage Sales Green Corn Hazardous Materials Inventories, Disclosure of Hazardous Substances (Underground Storage Tanks) Hazardous Waste: Establishments for Storing, Treating, Recycling Health Service Fees Health Services, Establishment of Hcight Limit=, March Air Ficld Highways: One-way Encroachments and Excavations Historic Preservation Districts Hog: Manure Ranches Home Mortgage Finance Program House Numbering System Ilou=ing Commi~oion Human Exposure Industrial Development Authority Inspection and Testing: C~~ial a~.d Non Commcrcial Wcighing and Meauuring Inst~umc.~ Judicial Dimtrier Judicial R~vi~w; StaLute of LimitaLions 593 566 651 617 615 554 640 ?69 512 499 578 427 431 588 463 $$0 543 597 620 381 628 5 Peace officers Peddling, Regulating and Licensing Pedestrian Traffic Picture Arcades Poultry Ranches Prisoners Propation Costs Property, Sale of Unclaimed Proposition 90 - Assessed Valuation Public Guardian 'Dublio Lca=cback of Ncw Sitc Riv. Co. IIo~pital Public Nuisance (Parts of Trees; Domestic and Cultivated Fruit Trees) Fubliu Ume a~,d T[avel, Yorba Street Purchasing, Policies and Procedures Real Property Real Property: Recording Evidences of Title Redevelopment: ' La Quinta 'Palm Desm~L San Jacinto Unincorporated Tcrritory of the Cou,,ty 'Redcvclop. cnt Pla,, f~ Pkoj~ct A~a No. 5 1987 Redevelo~mm~,~ Pi&~, £o~ Ploj~¢t Ar~a No..% 1987 · Rcdcvclopment Plan for Project Area No. 3 1987 ~R~dcv~lop~¢~,t Plah for P[ojeut Area No. 2. 1987 7 469 217 585 627 565 535 591 423 670 497 67 { 190 35.{ 459 598 669 605 & 607 632 587 602 & e09 612 6,{0 6{7 6¢$ 645 Spay & Neuter Clinics, Dogs and Cats speed Limits ~Statutc of Limitation= for Judicial Rcvicw Ad,~i..ist~ativc Deci=ions SLaLuL~ Surface Mining and Reclamation Act Surplus Property Authority Swimming Pools, Semi-Public $~i~ing, D'athing, Boating in Irrigwt~n C~n~~ in Unincorporatud Area of Palo Verde Valley Tax Rcli~f, Disastcru Taxes: Sale_ an~ Use Special Tax Community Facilities Districts: F&~ilitiem A¢=e&a Tax, Di~tzi=t No. 04 2 I=~ovc~c..t A-z~a No. A, District No. 85 1 Imp~veme,~ Area No. B, Dist%ict No. 85 2 ~ Cu,..-.unlty Facilities Dimt~iut No. 85 2 Community Facili'ticm Distriu~ No. 86 1 Community Faoilitico Di=trict No. 87 $ Co~,,-.%h,i~y Facilities Dist~i~t No. Television Antenna Cable'Service: Procedures for Issuance of Licenses Ca.~Wat~r & Telephone Company 9 56O 452 6~8 5§6 555 619 ¢8O ' 465 629 621 622 62,{ 6¢9 661 516 495 503 490 Weights and Mcacurd~' Wild Flower P~cerwcs Work Furlough Program Zones Act §99 25~ 5O6 547 11 jec/ORD18990 ORDINANCE NO. 90- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ADOPTING BY REFERENCE PORTIONS OF THE NON-CODIFIED RIVERSIDE COUNTY ORDINANCES WHEREAS, Government Sections 50022.1 et se~. provide that ordinance and codes of a county may be adopted by reference, provided that prior to such adoption by reference a noticed public hearing has been held; and WHEREAS, a noticed public hearing has been held by the City Council at which times all interested persons had the opportunity to appear and be heard on the matter of adopting by reference certain portions of the non-codified ordinances of the County of Riverside (#Riverside County Ordinances") which are identified below; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Ordinance Nos. 190 and 217 are hereby adopted by reference. SECTION 2. Ord bnance Nos. 328 through 340, inclusive, are hereby adopted by reference. SECTION 3. Ordinance Nos. 366 through 374, inclusive, are hereby adopted by reference. SECTION 4. Ordinance Nos. 396, 397 and 403, are hereby adopted by reference. SECTION 5. Ordinance Nos. 413 through 423, inclusive, are hereby adopted by reference. SECTION 6. Ordinance Nos. 427 through 434, inclusive, are hereby adopted by reference. SECTION 7. Ordinance Nos. 446 and 448 are hereby adopted by reference. SECTION 8. Ordinance Nos. 458 through 471, inclusive, are hereby adopted by reference. -1- jec/ORD18990 SECTION 9. Ordinance Nos. 484 through 493, inclusive, and Ordinance Nos. 496 through 503, inclusive, are hereby adopted by reference. SECTION 10. Ordinance Nos. 507 through 515, inclusive, and Ordinance Nos. 517 through 530, inclusive, are hereby adopted by reference. SECTION 11. Ordinance Nos. 534 through 536, inclusive, are hereby adopted by reference. SECTION 12. Ordinance Nos. 540 through 547, inclusive, are hereby adopted by reference. SECTION 13. Ordinance Nos. 551 through 555, inclusive, and Ordinance Nos. 558 through 563, inclusive, are hereby adopted by reference. SECTION 14. Ordinance Nos. 565 through 570, inclusive, are hereby adopted by reference. SECTION 15. Ordinance Nos. 575 through 581, inclusive, are hereby adopted by reference. SECTION 16. Ordinance Nos. 584 and 585, are hereby adopted by reference. SECTION 17. Ordinance No. 588 is hereby adopted by reference. SECTION 18. Ordinance Nos. 591 through 593, inclusive, are hereby adopted by reference. SECTION 19. Ordinance Nos. 595 through 598, inclusive, are hereby adopted by reference. SECTION 20. Ordinance Nos. 601, 604, 606, 608 and 614 are hereby adopted by reference. SECTION 21. Ordinance Nos. 615 through 619, inclusive, are hereby adopted by reference. SECTION 22. Ordinance No. 625 is hereby adopted by reference. SECTION 23. Ordinance No. 627 is hereby adopted by reference. SECTION 24. Ordinance No. 630 is hereby adopted by reference. -2- jec/ORD18990 SECTION 25. Ordinance Nos. 634 and 640 are hereby adopted by reference. SECTION 26. Ordinance Nos. 650 through 652, inclusive, are hereby adopted by reference. SECTION 27. Ordinance Nos. 655 through 659, inclusive, are hereby adopted by reference. SECTION 28. Ordinance Nos. 663 and 669 are hereby adopted by reference. SECTION 29. Ordinance Nos. 670 and 671 are hereby adopted by reference. SECTION 30. Ordinance Nos. 348 and 348.3078 are hereby adopted by reference. SECTION 31. Ordinance No. 457.73, as amended, is hereby adopted by reference. SECTION 32. Ordinance No. 460 as amended through Ordinance No. 460.93 is hereby adopted by reference. SECTION 33. Ordinance No. 461, as amended through No. 461.6, is hereby adopted by reference. SECTION 34. The Official Zoning Map of the City of Temecula entitled "Temecula/Rancho California Zoning Area" dated January 1, 1988, is hereby adopted by reference. SECTION 35. Certain provisions of the Riverside County Ordinances adopted by reference pursuant to this Ordinance reflect the County governmental structure and contain references to officials, official titles, commissions, and other designations, which are not a part of the structure of the government of the City of Temecula. In order to effectively and intelligently administer the County Ordinances, it is the purpose of this Ordinance to provide for the substitution of the appropriate City official, title, or designation in the County Ordinances. Accordingly, the following amendments are made to the County Ordinances referenced herein: Whenever "Board of Supervisors" or "Board" is used in the Ordinance, it means the Temecula City Council. -3- jec/ORD18990 Whenever #County# is used in the Ordinances, it means the geographical limits of the City of Temecula unless a different geographical area is clearly indicated by the content. Whenever "County", "County of Riverside" or "Unincorporated territory of the County of Riverside" is used in the Ordinances, it means the City of Temecula. Whenever #Planning Commission# is used in the Ordinances, is shall mean the Planning Commission of the City of Temecula. Ee Whenever #Land Development Committee# is used in the Ordinances, it shall mean the Temecula Planning Commission. Whenever "Planning Director" is used in the Ordinances, it shall mean the Temecula Planning Director. Ge Whenever the County Ordinances refer to any other officer, office, official title, or other designation, the reference shall be interpreted to mean that similar office, title, or designation in the governmental structure of the City, as determined by the City Manager, or if there is no equivalent office, title or designation, then the City Manager may delegate the responsibility to the official or employee of his choosing. SECTION 36. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 37. Within fifteen (15) days after the passage this Ordinance, the City Clerk shall have it posted in the -4- j eC/ORD18990 three (3) public places designated by the Resolution of the Council. PASSED, APPROVED AND ADOPTED this , 1990. day of ATTEST: RON PARKS MAYOR F. D. ALESHIRE City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, F. D. Aleshire, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 90- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 1990, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED AS TO FORM: F. D. ALESHIRE CITY CLERK Scott F. Field city Attorney -5- jec/ORD18990 Ordinance No. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) AFFIDAVIT OF POSTING FRANK D. ALESHIRE, being first duly sworn, deposes and says: 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 , 1989, ORDINANCE NO. 90- was caused to be posted in three (3) places in the City of Temecula, to wit: Temecula Post Office F. D. ALESHIRE, CITY CLERK -6- RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PAYMENT OF DEMANDS AGAINST CITY AND PAYROLL The City Council of the City of Temecula finds as follows: WHEREAS, the City was incorporated on December 1, 1989; and WHEREAS, the City Council desires to provide payment of bills against the City and payroll of City employees and consultants; NOW, THEREFORE, the City Council hereby approves the payment of the attached List of Demands against City and Payroll, dated February 13, 1990, in the amount of $32,875.65, attached hereto as Exhibit "A." APPROVED AND ADOPTED this 13rd day of February 1990. Mayor ATTEST: City Clerk [SEAL] Resos/9014 02/08/90 7:19pm 134 135 136 137 138 139 140 141 142 145 144 146 147 148 149 150 151 152 ±53 154 FEBRUARY 13, 1990 LIST OF DEMANDS AGAINST CITY AND PAYROLL VENDOR Advantage Signs Aleshire, Frank Apple One Apple One Bastanchury Waters CQunty of Riverside Davlin Freeman's GTE GTE Harmon, Cindy HQ Office Supplies DESCRIPTION Sign for City Hall/Outside Expense Reimbursement Temporary Reception W/E 1/13 Temporary Reception W/E 1/20 Water & Supplies Office Supplies Audio 1/17/90 for Special Mtg., Audio/Video 1/23/90 for Regular City Council Mtg., Audio 1/30/90 for Special Mtg., Audio 2/6/90 for Special Mtg. Office Supplies 1/22 Billing for Closing out old account & regular phone charges 1/28 Billing for beginning new service & phone charges Expense Reimbursement Neighborhood Watch Newsletter Ideas For Effective Management/Deblieux Lunch N Stuff Maurice Printers "CALENDAR" MoOre, Peg Moore, Peg PIMA Insurance Price Security SCE State Fund Organizational Analysis & Report Council Dinner 1/19 Back Panel ad on Temecula Museum/Calendar Magazine brochure & 1,000 copies Expense Reimbursement Travel Expense Reimbursement Liability Coverage Alarm Monitoring/Feb 1990 Electric 12/27/89 - 1/24/90 Workman's Compensation Ins. AMOUNT 211.37 264.93 434.83 392.65 37.96 641.66 1,050.00 761.05 667.29 1,077.89 77.82 431.67 2,394.01 83.00 1,500.00 174.77 929.35 1,305.03 35.00 370.90 933.00 155 ]56 157 159 158 160 161 162 163 13 14 15 16 17 18 19 Temecula Valley Unified School District Temecula Valley Unified School District Towne Center Stationers Windsor Partners Patricia Birdsall Karel F. Lindemans Peg Moore J. Sal Munoz Ronald Parks PAYROLL: Frank D. Aleshire (Ref. Reso. 89-2 & 89-22) June S. Greek (Ref. Reso. 89-22) Cynthia C. Harmon (Ref. Reso. 89-22) Rose Perea Kathleen. Turner Overland Bank Employment Dev. Dept. Reimbursement for Payment of Jan '90 Rent/Dec. CAM Reimbursement for Custodial Svs. at Council Mtg 1/17/90 Office Supplies & Furniture Rent for Feb '90 & January CAM Charges Month of January 1990 Month of January 1990 Month of January 1990 Month of January 1990 Month of January 1990 TOTAL BILLS DUE: 1-20 thru & incl. 1-31/90 3,812.67 20.~00 3,129.90 3,898.58 300.00 300.00 300.00 300.00 300.00 $26,135.33 1-15 thru & incl. 1-31/90 $ 1,837.40 1-15 thru & incl. 1-31/90 1,256.26 1-15 thru & incl. 1-31/90 1-15 thru & incl. 1-31/90 TOTAL DUE: 1,241.42 Deposit of Federal Withholding $ Deposit State Withholding TOTAL DUE: 175.58 197.54 $ 4,708.20 TOTAL PAYROLL DUE: 250.46 $ 1,781.66 $ 2,032.12 $ 6,740.32 GRAND TOTAL BILLS & PAYROLL: $32,875.65 ¢O~rY OF RIVERSIDE CASE TYPE & NO. /' ~'~ TO: FROM: CITY OF TEKECULA COUNTY PLANNING DEPARTMENT This item should be,: Action taken at your discretion Placed on agenda as a receive and file item 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 applications(s) described below. The Riverside County Planning Department has approved the Plot Plan. The CITY COUNCIL will consider an appeal. PLACE OF HEARING: Temecula Community Center 28816 Puiol Street Temecula DATE OF HEARING: Tuesday, February 13, 1990 Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the approval of this project 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 described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. The proposed project application may be viewed at the public information counter, Temecula City Hall, 43172 Business Park Drive, Monday through Friday from 9:00 a.m. until 4:00 p.m. Questions concerning this project may be addressed to John Ristow, County of Riverside Planning Department, (714) 787-6567. OUTDOOR ADVERTISEMENT 1170, Exempt from CEQA, is an application submitted by Outdoor Media Group for property located in the Temecula area and First Supervisorial District and generally described as 10' from west property line on Front Street and 300' from centerline of Rancho California Road, and which proposes an Outdoor Advertising Sign. TIME OF HEARING: 7:00 p.m. · I !c~ I Temecula + ~,~:~ommr, Robert Linares, BuildinQ & Safety Department County Off-Site Siqn # // 7('~ Per field inspection, there are no residences within 150' of proposed site. There are no other Outdoor Advertising displays within 500' of proposed site. The proposed sign display meets the requirements of Ordinance No. 348, Section 19.3(a)(2). GEN. F,.;~ 4, 3/'6S i~TE: 1-16-90 :liV :13iDF. county PLAnninG Di:;,-A:::IEITIEnE TO: $U~-YOR ROAD BUILDING AND SAFETY FLOOD CONTROL HEALTH FI ~E 'P ROTECTI ON ~E: Plot Plan No. 1170 Environmental Assessment No. ~/A Regional Team No. .5 On 1-16-90 the Riverside County [XX] Planning Co~lssion L J Board of Supervisors took the the above referenced plot plan: Planning Director [ ] following action on XX , subject to the ,'subject to the , subject to , subject to APPROVED the Plot Plan, Exhibit A attached conditions. APPROVED the Plot Plan, Exhibit attached amended conditions. APPROVED the Plot Plan, Revised Exhibit the attached conditions. ~PROYED the Plot Plan, Revised Exhibit the attached amended conditions. UPHELt) the appeal. DENIED the appeal. APPROVED the WITHDRAWAL of the appeal request. APPROYED the WITHDRAWAL of the Plot Plan. DENIED the Plot Plan based on the attached findings. ADOPTED the Negative Declaration on the Environmental Assessment noted above. 2-89 Very truly yours, RIVERSIDE COUNTY PLANNING DEPARTMENT Roger S. Streeter, Planning Director d~S'Ristow - Planner 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 46-209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 Roger S. Streeter, Planntng Director As prescribed under the provisions of County Ordinances, this is to notify you that the application referenced below has been received to be considered by the Riverside County Planning Oepartment. .. Any person wishtrig to count on the project nest submit written counts to the Planning Oepartment tt the above address before O~cember ~t~ lgB9. NO PUBLiq XEAR]~)O on the application shall be held before s decision' -mc)e unless a hearing is requested in writing prior to the aforementioned date by the applicant De other affected person, or if the Planning Director determines that e public hearing should be required. If a public hearing is scheduled before the Planning Director, you shall be notified. The proposed project application may be viewed at the public ;lnfor~n~tion counter, Monday through Friday from g:00 a.m, until 4:00 p.m. If you have a~y counts to' submit 'or wish to request a public hearing,' please return this sheet and return to. th, ts office by the above mentioned date. Outdoor Advertisement 1170, Exemp~ f. rom CEQA, is an application submitted by Outdoor Media $roup for property located in the Tenmcula Area and First Supervt$orial District and generally described as the North side of Rancho California Road, West of Highway 395 and which proposes an Outdoor Advertising Sign CASE & NO. Outd~r_Advertisement [~7_0 I do not wish a public hearing to be held on this case, but ! tO submit coament$ in regards to this project. w~uld like x. Z am requesting that a public hearing be held on this case for the following ~easons: I understand that I will be notlftecl of the time and hearing. date of the public :liV ::13iD county PLAnnin( D PARCITI nc DATE: 1-16-90 RE: Plot Plan No. 1170 Environmental Assessaent No. Regional Team No. 5 N/A Oear Appltcant: On 1-16-90 the Riverside County [~ Planning Director [] Planning Co~nission L] Board of Supervisors took the following action on the above referenced plot plan: XX APPROVED the Plot Plan, Exhibit A conditions. ~ APPROVED the Plot Plan, Exhibit' amended conditions. APPROVED the Plot Plan, Revised Exhibit attached conditions. APPROVED the Plot Plan, Revised Exhibit attached amended conditions. UPHELD the appeal. DENIED the appeal. APPROVED the WITHDRAWAL of the appeal request. APPROVED the WITHDRAWAL of the Plot Plan. DENIED the Plot Plan based on the attached findings. ADOPTED the Negative Declaration on the Environmental Assessment noted above. Temecula City Council This action may be appealed to the )IX] )b~YaYnYn~&~X)~J~Ym~X~)~X~ [] Board of Supervisors within ten {10) days of the date of this notice.. The appeal must be made in writing and submitted with a fee in accordance with the fee schedule to the appropriate department. An appeal of any condition constitutes an appeal of the action as a whole and requires a new public hearing before the appropriate hearing body. , subject to the attached , subject to the attached , subject {o the , subject to the Very truly yours, co: Representative File RIVERSIDE COUNTY PLANNING DEPARTMENT Roger S. Streeter, Planning Director /Mn H. Ristow - Planner 295-43 Revised B-10-88 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 46'209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 (619) 342'8277 RiVF. R}iDF.. councY PL, nnin( CONDITIONS OF APPROVAL Off-site Advertising 18.30( M-SC ) Outdoor Advertising Plot Plan No. 1170 The development of the premises shall conform substantiall~ with that as shown on Plot Plan marked Exhibit "A" on file with 18.30( M-SC Outdoor Advertising Plot Plan No. !177 .' 10. Any advertising structure shall conform with all provisions of Riverside County Ordinance No. 348. Any deviation from the standards set forth within Riverside County Ordinance No. 348 shall require a separate application for a variance pursuant to Section 18.27 of said ordinance. The advertising structure may not be less than 500 feet from other off-site advertising structures, or 150 feet from any residential structures in resi- dential zones {as per Ordinance 19.3 a (2)). The maximum surface area of the display shall not exceed 300 square feet. The maximum height of the display shall not exceed 25 feet from the roadway surface, or 25 feet from grade level, whichever is greater. Prior to the construction of the advertising structure a building permit shall be obtained from the Riverside County Department of Building and Safety. No outdoor advertising structures shall be permitted within "significant resource" areas as defined within Section 19.2 of Riverside County Ordinance No. 348. A maximum of two steel poles per advertising structure shall be permitted as support for a maximum of two sign faces on a single structure. The sign faces may be oriented back-to-back, or on a V-board with maximum separation between faces of 25 feet. Illumination of.the sign is permitted provided it is not visible beyond the sign face. Flashing, intermittent, or variable intensity lighting is not permitted. Within the Mt. Palomar Special Lighting Area, low pressure sodium vapor lighting or overhead high pressure sodium vapor lighting with shields or cutoff luminares, shall be utilized. Each advertising structure shall have the sign company name located upon the face of each sign and clearly visible from the roadway. Roa Parks SENT BY FACSIMILE CITY OF TEMECULA P.O. Box 3(~0 Tcmccula. (~Dlomm 92390 (714) 6~-1~ FAX (714) 694-1999 D~cember 26, 1989 Patricia H. Bird~11 Pcg Moore J. ,~1 Munoz County of Riverside Planning Department 4080 Lemon Stree% Rivorside, CA A~TENTION: JOHN RISTO PLOT PLAN 1]~8, 1170 2 BILLBOARD5 1N TEMECULA Please conduct public hearing and rorer to City Council for final action. Sincerely, F. D. Aleshire City Manager FDA:Cch RiV R iD county PLAnnin i) PA:lCrilF. nc COUNTY OFF-SITE SIGN NO. )~ ~ OFF-SITE SIGN APPLICATION (To be used in conjunction with application for 18.30 Plot Plan pursuant to Business and professions Code Sections 5200 et seq.) APPLICANT: OWNER: Name Address Address Phone No. Ci ty/State ~ ' Pho~e No. Ci t~/State ) Zip ASSESSOR'S STATE PARCEL NO. ~2~L- O(pO-D2_JF PERMIT NO. ~~ THOMAS MAP GUIDE PG. & COOR. l~-J~S. ~.~ APPLICATIONS SHALL BE ACCOMPANIED WITH THE FOLLOWING INFORMATION. INCORRECT OR MISLEADING INFORMATION SHALL BE GROUNDS FOR REJECTION OR DENIAL OF THIS APPLICAITON. e Evidence that he/she is owner of the property involved, or that he/she has written permission of the owner to make such application Legal description of the property upon which the sign is to be placed including the Assessor's Parcel Number Elevation drawing{s} of proposed sign showing dimensions of each panel; distance between top of panel and ground; number, size, and material of uprights; illumination; and shape of sign Ten copies of a scale drawn 18.30 plot plan with only the following information included on the exhibit: a. Name, address, and telephone number of applicant b. Name, address, and telephone number of owner c. Assessor's Parcel Number of parcel on which sign is to be located d. Scale {number of feet per inch} e. North arrow (top of map north) f. Overall dimesions of the property and location of adjoining lot lines g. Precise location and orientation of proposed sign h. Property lines and dimension i. Location and distance to nearest off-site signs within 500 feet, residential dwellings and other structures within 150 feet in each direction j. Location and distance of off-site sigh with respect to specifically planned future road right-of-way lines, and setback lines 1. Copy of current State of California Advertising Permit, paid receipt and application for State Outdoor Advertising Structure Permit m. Elevation of adjoining right-of-way if sign is below grade n. Zoning of property within 500 feet o. Thomas Map Guide page and coordinate number Do not write In I&is epaaa Dlltdct .......... C~ .......... RI~... ....... ~ Audit N~. ..................................... De%e ~nnted ............ C.lt N~. ............ and th. proper fees remitted. Make checke, money ordl~,~l~c., payable to the Dipattaint of Tran,po~.at~on. · · Appllealloe Fee (nen-t~fund&ble} ............. 130,00 0 ~..~ ............. PI~II ~ll (re~ndlble if ippllentlen not ol~etste prier to ~pp~v~ ... ............. IO.~ I .................... requl~e 1. DISPLAY O~ER ~R ~A ~N ~~ ~6525 d~-t'~ A~ ~A, ~Z~ 92362 2. PROPER~ O~ER OR PEESON ~ CO~ROL OF PROPER~ UPON WHICH DISP~Y I~ S~A~D ~ con.hi ~ pietinS I~ ~ltt~n. copy o~ ~e ~/n.nt document muag be PROPER~ O~ER MUST SIGN ~RE ~f con.at i, ~RBAL 3. Display ~ be ~,~11ed in ~v~r" / OUTDOOR ADVERTISING BRA~CH TM~m'Atlo# ImLmN~ IIII N IVRIISTI P.O, Ill illl14~ I&IMMIN?O~ APPLICATION FOR STATE OU~?DOOR ADVERTISING STRUCTURE PERMIT Display Type: General Adv. U,lng ~-1 Meissen Center EscepUon (640~ el seq.) [~ · Complete ell Se coons, A copy ,,411 be returned for your records. lssu snce of, permit will be delayed unle, all It, me are fLUid tn on .~e E aid. o! . 300 ~.i~ ~ of F~ol~ c~/,~r~(~ ~t. o~o- D~4 ·. ~. ~ Pm~.d lnl~llitlon date ~ O~er'J lden~catl~n No, 149 U dieplay ha, been ~d, NoUce N~ Tob~ pl~eed by ~ 26525 ~~ A~ ~A. ~~ 92362' Display ~catlon Sketch: 8how U.8. or S~te Rou~ Numbere or Name of $~ee~ Show Name o~ Crofts,d, Over~nderpa.; or Neares: Landmark; Indicate $ingle Paoel ~us~ ]; ]ndlca~ V:shaped Display thus--V. Show dts~nce of display f~m intersecUon. N Pueh }{el~ht ~9: LenGth .~' Wood ~ Milli ~ Other ~ - ~Jprlghts:Numblr 1 SSz, 2'*'4'~ Diets.cs between penel and [round I ~ s Illumination? ~ RUe"leto, Material? Copy one side ~ Both sides ~ ~LwJ H elm V-s~ped dlspl~ ~ 8. Advefilllnf Cop~ -- 'rba appliesat herebr egrets Io plate end in|slain the edve rll*l,I defcrlbed ,boys In ee ~rdanee withthe p~,lllea, efthe hldeerAdvefilsliI AeL INII lenlnl attilaencee. ~d any tiber e~plleeblo repinEJOel. The appliesel serifrico thai the eastern,all made In Ihlo applieslisa ~ I~ Md ladenlinde lhil by lateness iloll~eM of ra,t me; be ~ndo roe the denial of a pe~ll er for ~mallol ~ a~id7 pMl~ ~A, ~ 92362 ~..~.~ NOTE REVERSE S~DE FOR P~CEMENT CRiTERiA ~'""' ~4' m"'~ ~ ~m~ for F~em~AM pdml~ I~ PAY TO THE ORDER OF Union Bank FOR OUTDOOR MEDIA GROUP 3960 2652S JEFFElaSON AVENUE 714~T7-2121 October 16 t98~ Department of Transportation ~ $ & NO/100 .............................................. ~D Z / M-SC RENTAL AGREEMENT ,Jefferson Avenue Mu[.rleta, California 92362 ['714] 677-212t FAX [7t4] 677-9194 atdoor Media Group DATE: 1 6 OCT 89 The undersigned Lessor, hereby Brants to OUTDOOR MEDIA GROUP hereabet called the Lessee, the exclusive right to use and occupy a portion of the ~al property described as, · Address: E/L JEFFERSON AVENUE N/O RANCHO CALIFORNIA ROAD APN: 921 -060-024 in the City of County of RIVERSIDE State of CALIFORNIA , for the purpose of constructing and maintaining ONE (1) 10'x30' BACK TO BACK OUTDOOR ADVERTISING STRUCTURE (BILLBOARD) and devices, including illumination fixtures and all necessary equipment for a period of five years. The Lessee shall have the right to erect, place and main- t~in advertising sign structure/s and equipment on the premises and post, paint, illuminate and maintain advertisements on such structure/s. £ deemed to have been automatically exercised unless the Lesse~' notify the LessoFofits intention not to renew thirty (30) days prior to the beginning of such additional years. This Lease shall continue in full force and effect for its term and thereafter for subsequent successive like terms unless terminated at the end of such t~rm or any successive like term upon written notice by the Lessor or Lessee served by cerdfied or registered mail tbJny (30) days before the end ofsuch term or subsequent like term, provided that Lessee shall have the right to terminate the Lease at the end ofany monthly period upon written notice to Lessor served not less than thirty (30) days prior m the end of such monthly period. 5. Lessor shall have the right to terminate the Lease at any dine during the period of this Lease ifthe Lessor is to improve the unimproved propert), by erecting thereon a permanent private commercial or residential building. Lessee shall remove its sign/signs within ninety (90) days afar receipt of a copy of the applicable building permit. If the Lessor falls to commence the erection of the private commercial or residential building within thin)' (30) days after Lessee removes its sign/signs, Lessee shall again have the right to occupy premises and maintain advertising sign/signs subject to the provisions of this Lease. If any portions of the property are not to be utilized for such building the Lessee has the option to use the remaining portion on the same terms, - '-ept that the rent shall be proportionately reduced. Lessor hereby grants Lessee and Legsee's personnel the right m Lugess and egress over Lessor's premises for the purpose of erecting and maintains the display and illumination service and repairs at all times during the term of this Lease. 7. The Lessor agrees not to obstruct or permit any other person to obstruct the view of the advenisLug displays or devices on his property in any manner whatsoever. 8. If Lessee is prevented by law, or state, l.ocal or national emergency, or other cause beyond Lessee's control, from illuminating its advertising sign,/.he rentaJ provided for herein shall be reduced by fiRy pement (50%) with such reduced rental to remain in effect as long ~s such conditions continues to c~sL 9. Lessee may cancel this a~cement at any time if they are unable ~ obtain necessary City/County or State Permits. 10. Ualess specifically stated otherwise bercin, the Lessor represents and warrants that Lessor is either the owner or the agent of the owner of the premises above described and has fuU authority ~o make hS. is lease. Lessor will not permit Lessee's sign or signs m be obstructed. In the event of any ~ansfer of LessoFs interest in the above described premises, Lessor a~rees to promptly ~ive Lessee notice of such transfer and to deliver to Lessor's I. ransfcrcc wrilten notice of the existence of this lease and a copy thereof. I I. In the event ofa~y litigation to determine the rights of either party under this lease or to construe the said Lease, or the obligations of either pa~y in regard thereto, the prevailing parly shall be entilled to such reasonable atlomeys' fees and all courl costs as shall be awarded by a court of competent jurisdiction 12. It is expressly understood that neither the Lessor nor the Lessee is bound by any stipulations, representations or a~'eements not printed or written in this Lease. This Lease shall inure to the benefit of and be binding upon the personal representatives, successors and assigns of the parties hereto. 13. This Lease shall be construed according to, and the ri&hts of the parties shall be governed by, the laws of the $tat~ of Cal~ornia. 14. Lessee shall pro. c/and save harmless Lessor from all damages to l~rsons or property by reason of accidents res-ltin& from the neglect or willful acts of its agents, employees or workmen in the construction, maintenance, repaLr or removal of its signs. 15. In the event this agreement is terminated before the end of its term (or renewal thereof) the Lessor alUees to_ refu.nd .to the .Lessee a~11 unearned prepaid rental. Lessor's oblisacion con~ic:Loned upon lessor's ~riccen approval o~ toca~xon~o~ . Accepted by OUTDOOR MEDIA GROUP lessee's adver~-isinl ailn s~ruccure/s and equipmen~'.-J~] . CHAi~ARR,AL [NV~-ET.,HENT S __ _ / ' Si ed L ~ (~r.~L ~e (Lessee) ~d~l'6/l'l~IDELAND ' General Partner(Lessor) Datc Approved WARREN HALE, Leasinq Manaqer Address 3090 ARLOTTE AVE. LONG BEACH, CA 90808 Tide Telephone(213) 431-1283 SS or TAX #: ~3-oooq/3-O DEPARTMENT OF TRANSPORTATION OUTDOOR ADVERTISING BRANCH PURSUANT TO THE TERMS OF CHAPTER 32. STATUTES OF 1939 AND AS AMENOED PERMISSION IS GRANTED TO PLACE AND MAINTAIN AN ADVERTISING DISPLAY. ,,UIJN,U~I 1, 1141 PERMIT NUMBER HIGHWAY D~STRICT ROUTE DISPLAY LOCATION DISPLAY OWNER ADDRESS OWNER 3631 6 DISPLAY ' 8 COUNTY 1~ TV POST MILE Front-W, 500' W/I-15 Mc-Cor-Lin - ~ Outdoor Me~ G ~~~ 11717 Sorr~k~b '4~Kl~ Road San Diego, ~A 9~121 FEE P/dO $10 (:30 PENALTY APPLICATION PRIOR YR. TOTAL P~D $ DATE,SSUED: 10/30/89 s,zE: 10x30 THIS PERMIT DOES NOT AUTHORIZE VIOLATION OF ANY ZONING ORDINANCE SECTION S359 PP~VIOES THAT THE ISSUANCE Of: A PERUIT DOE S NOT NrF E CT l HE O~.IOATION O4: THE OWNER O~ THE ADVE R'I'~SJN G DISJ~I. AY 1'O COMPLY W1TH A Z(~IING ORIDINANCE APPUCASLE TO THE ADVERTISING DISPLAY UNDER TH~ PROVISIONS C)F T)-IS CHAPTER NOR gOES TH~ PERMIT PREVENT THE ENFOPICEUENT OF THE APPI..IC~BLE OP, D~NANCE BY THE C4~JNTY. DEPUTY DIRECTOR EXPIRATION DATE DECEMBER 31, 1989 sf f/AGD13001 CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: MEETING DATE SUBJECT: CITY MANAGER/CITY COUNCIL SCOTT FIELD, CITY ATTORNEY FEBRUARY 5, 1990 FEBRUARY 13, 1990 PROPOSAL TO EXTEND THE MORATORIUM ON THE CONSTRUCTION OF RADIO AND TELEVISION TRANSMITTING ANTENNAS UNTIL JANUARY 8, 1991. RECOMMENDATION: Adopt Ordinance No. 90-__, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING ORDINANCE 90-01, WHICH DECLARES A MORATORIUM ON THE CONSTRUCTION AND USE OF TELEVISION AND RADIO TRANSMITTING ANTENNAS." Adopt Resolution describing the measures taken to alleviate the condition which led to the adoption of the Antenna Moratorium. Direct the new Planning Commission to make recommendations on new zoning regulations for transmitting antennas. DISCUSSION: History Of Events Leading To The Moratorium On November 21, 1989, County Staff approved a plot plan to permit construction of a 240' radio antenna at 28715 Via Montezuma in Temecula. The property owner later applied for a building permit, but because the proposed engineering plans did not clear County plan check no building permit was ever issued. Nonetheless, the antenna was constructed on December 22, 1989. -1- sff/AGD13001 B. Moratorium On January 8, 1990, the city Council, in response to citizens concerns and upon recommendation of City Staff, adopted Ordinance No. 90-01, declaring a forty-five (45) day moratorium on the construction and location of radio and television transmitting antennas. The Moratorium was based upon the following findings: (i) That the public and city staff had indicated to the Council that aesthetic and land use problems had arisen with respect to the construction of television and radio transmitting antennas within the City. (2) That it is necessary to re-examine all of the land use regulations of Riverside County which the City has adopted by reference, as they apply to television and radio transmitting antennas. (3) That it is necessary, pending the conduct of such study, and the enactment of such regulations based thereon, that a moratorium on the construction of any television and radio transmitting antennas be imposed pending the completion of such study and report. (4) That if such moratorium were not imposed, construction of such television and radio transmitting antennas would be undertaken which could very well frustrate the zoning proposal to be examined and studied. The Moratorium expires February 23, 1990, unless extended. Analysis Of Existing Zoning Ordinance And Discussion Of Alternatives The attached letter from Mark Balys of the Riverside County Planning Department, identifies the zones where transmitting antennas are permitted. In summary, non- commercial (ham radio) antennas are permitted in all zones as an accessory use. On the other hand, commercial broadcasting antennas are permitted in the R-R and W-2 zones by right. They are also permitted, subject to a discretionary plot plan approval, in the C-l/C-P, C-P-S, M-SC, M-M and M-H zones. A zoning map identifying where -2- sff/AGD13001 these zones are located in the City is available at City Hall. Also attached for the Council's reference are ordinances regulating antennas from other jurisdictions. For example, in Norco, antennas may not exceed forty-five (45) feet in height. By contrast, in Costa Mesa, which recently adopted an ordinance which comprehensively regulates all types of antennas, commercial antennas in excess of thirty (30) feet must have a conditional use permit. In our preliminary view, the chief weakness in the County zoning regulations regarding commercial transmitting antennas is that they are permitted in zones too close to the City center. In addition, a plot plan approval should be required for the installation of an antenna in any zone. The City may also wish to impose limitations on the location of ham antennas. However, the Council should be aware that there are limitations on the City's ability to regulate ham antennas by the Federal Communications Commission. At this time, the Staff only requests that Council provide some direction as to what types of issues the future Planning Commission should examine in drafting new zoning regulations in this area. In the meanwhile, it is proposed that the moratorium be extended. De Request To Extend The Moratorium Through January 8, 1991 Staff requests that the moratorium be extended so as to permit the Staff and the Planning Commission the opportunity to recommend new zoning regulations. The moratorium could be removed with a new zoning ordinance once the issues are resolved satisfactorily. The authority for the moratorium is found in Section 65858 of the Government Code; a copy of that Section is attached hereto for reference. Notice is provided as specified by Section 65090 of the Government Code; a copy of that Section and the Notice provided is also attached for reference. Subsection (a) of Section 65858 provides that the City Council may extend the moratorium for ten months and fifteen days (i.e., January 8, 1991) after providing Notice -3- sff/AGD13001 of Public Hearing. the extension. A four-fifths vote is required to adopt Subsection (d) of Section 65858 provides that the City Council must issue a report describing the measures taken to alleviate the conditions which led to the adoption of the urgency ordinance. A suggested resolution attached to this report constitutes the report required by law. ATTACHMENTS: 1. Ordinance Extending the Moratorium. 2. Resolution identifying measures taken to alleviate the conditions which led to the Moratorium. 3. Ordinance No. 90-01. 4. Letter from Riverside County Planning Department identifying zones where antennas are permitted. 5. Public Notice. 6. Gov't Code §§65858, 65090. 7. Antenna Ordinance from Corona, Norco, Riverside, Camarillo, Costa Mesa, and West Covina. -4- sff/ORD13001 (020590-1) ORDINANCE NO. 90- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING ORDINANCE NO. 90-01, WHICH DECLARES A MORATORIUM ON THE CONSTRUCTION AND USE OF TELEVISION AND RADIO TRANSMITTING ANTENNAS. WHEREAS, pursuant to Ordinance No. 90-01, the City Council of the City of Temecula enacted a zoning moratorium, which expires on February 23, 1990 pursuant to California Government Code Section 65858; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Temecula does hereby find, determine and declare, as follows: (a) That the public and City staff have indicated to this Council that aesthetic and land use problems have arisen with respect to the construction of television and radio transmitting antennas within the city; (b) That such problems pose a current and immediate threat to the public health, safety or welfare; (c) That it is necessary to re-examine all of the land use regulations of the Riverside County, which the City has adopted by reference, as they apply to television and radio transmitting antennas; (d) That it is necessary, pending the conduct of such study and the enactment of regulations based thereon, that a moratorium on the construction of any television and radio transmitting antennas be imposed pending the completion of such study and report; (e) That the City is conducting such an examination; (f) That it is necessary, pending the completion of such study and the enactment of regulations based thereon, that the existing moratorium on -1- sff/ORD13001(020590-1) the construction and location of television and radio transmitting antennas be extended through January 8, 1991; and (g) That if such moratorium were not extended, construction of such antennas would be undertaken which could very well frustrate the zoning proposal to be examined and studied, and would result in a threat to public health, safety and welfare. SECTION 2. Notwithstanding any provision of any City or County Ordinance to the contrary, during such time as this Ordinance is in full force and effect, no person shall construct or locate any television and radio transmitting antennas within the boundaries of the City. No officer, employee or agent of the City or the County of Riverside shall issue any permit or other entitlement which would have the effect of allowing such a television or radio transmitting antenna during such time as this Ordinance is in full force and effect, and in addition any permit or other entitlement issued shall be revoked. Should any party in receipt of such permit or entitlement believe that they have a vested right to build a television or radio transmitting antenna or would suffer a hardship if not permitted to build an antenna, they may apply for an exemption to this Ordinance. Such exemption may be granted by the City Council only after due notice and public hearing thereon. SECTION 3. This Ordinance is hereby declared to be an urgency measure and shall take effect immediately and extend City Ordinance No. 90-01 through January 8, 1991. A statement of facts constituting the basis of such urgency is set forth above. This Ordinance is adopted pursuant to Government Code Section 65858. This Ordinance shall remain in effect until January 8, 1991, and may, thereafter, be extended in the time and manner provided by law. -2- sff/ORD13001(020590-1) SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted in the manner prescribed by law. PASSED, APPROVED AND ADOPTED this , 1990. day of ATTEST: RON PARKS MAYOR F. D. ALESHIRE City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) ss. I, F. D. Aleshire, city Clerk of the city of Temecula, do hereby certify that the foregoing Ordinance No. 90-._ was duly adopted and passed at a regular meeting of the ~ty Council on the day of , 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED AS TO FORM: F. D. ALESHIRE CITY CLERK Scott F. Field City Attorney -3- sff/RES13001 RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESCRIBING MEASURES TAKEN TO ALLEVIATE THE CONDITION WHICH LED TO THE ADOPTION OF URGENCY ORDINANCE NO. 90-01. WHEREAS, on January 8, 1990 the Temecula City Council adopted Urgency Ordinance No. 90-01 which declared a moratorium on the construction and use of radio and television transmitting antennas; WHEREAS, the adoption of Urgency Ordinance No. 90-01 was based upon the following findings: (a) That the public and City staff have indicated to this Council that aesthetic and land use problems have arisen with respect to the construction of television and radio transmitting antennas within the City; (b) That it is necessary to re-examine all of the land use regulations of the Riverside County, which the City has adopted by reference, as they apply to television and radio transmitting antennas; (c) That it is necessary, pending the conduct of such study and the enactment of regulations based thereon, that a moratorium on the construction of any television and radio transmitting antennas be imposed pending the completion of such study and report; and (d) That if such moratorium were not imposed, construction of such television and radio transmitting Antennas would be undertaken which could very well frustrate the zoning proposal to be examined and studied; WHEREAS, Section 65858(d) of the Government Code provides that ten days prior to the expiration of an interim ordinance or any extension, the City Council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance; and -1- s f f/RES13001 WHEREAS, described hereinafter in Section 1 are the measures taken to alleviate the condition which led to the adoption of Urgency Ordinance No. 89-31; they in sum constitute the report referred to in Section 65858(d) of the Government Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City of Temecula has taken the following measures to alleviate the conditions which led to the adoption of Urgency Ordinance No. 90-01. A. The City Staff has presented Council with a report reviewing the current zoning standards for transmitting antennas, and proposing that the zones where such antennas are permitted be restricted. Council has directed that its new Planning Commission review the report and make a recommendation to Council pursuant to Government Code Sections 65853, et seq. B. Ordinance No. 90-01 provides an exemption procedure for those persons who have a vested right to continue construction despite the Moratorium, or who suffer a hardship due to the Moratorium. To date, Mr. L. Penfold has filed for such an exemption. The Council granted a limited exemption to permit processing a plot plan to relocate an antenna pursuant to Resolution No. 90- on February 6, 1990. SECTION 2. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this , 1990. day of RON PARKS MAYOR -2- sff/RES13001 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 , 1990 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS F. D. ALESHIRE CITY CLERK -3- Mr. Frank A11eshire, City Manager City of Temecula P.O.Box 3000 Temecula, CA 92390 ATTN: Scott Field, City Attorney ::IiVE:I3iDE county PLAnninG DEi A:I;filEn Dear Scott: In responding to your request for a list of zones allowing broadcast facilities, I have compiled the following for your information: Non-commercial (Ham) Radio - permitted in all zones as an accessory use. Commercial Broadcasting Permitted Use - R-R, W-2 zones 18.30 Plot Plan Approval - C-l/C-P, C-P-S, M-SC, N-M N-H Zones With respect to other sections of Ordinance No. 348 which may affect the placement of Broadcast towers the following sections should be referred to. SECTION 21 .2 Accessory use - a use customarily incidental and accessory to the principal use of a lot or a building located upon the same lot or building site. 18.20(b) Height Exceptions - Structures necessary for the maintenance and operations of a building and flagpoles, wireless masts, chimmeys, or similar structures may exceed prescribed height limits where such structures do not provide additional floor space. 18.34(3) For structures other than buildings, an application for a greater height limit in accordance with the limitations of the zoning classification may be made to the Planning Director pursuant to the provisions of Section 18.30 of this Ordinance· If granted, the approved plot plan shall specifically state the allowed height. If you have further questions on this matter please feel free to call me at (714) 787-2216. Very truly yours, RIVERSIDE COUNTY PLANNING DEPARTMENT Joseph A. Richards, Planning Director Mark ~. Balys, Chief DepH%¥ Director 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 46-209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 Notice of Public Hearing CITY COUNCIL OF THE CITY OF TEMECUL~ 43172 Business Park Drive Temecula, California 92390 NOTICE IS HEREBY GIVEN that on Tuesday, February 13, 1990 at 7:00 p.m., the Temecula City Council will conduct a public hearing pertaining to the item listed below. PLACE OF HEARING: Temecula Community Center 28816 Pujol Street Temecula DATE OF HEARING: Tuesday. February 13. 1990 Extension of Ordinance No. 90-01 declaring a moratorium on the construction and use of television and radio transmitting antennas. Ordinance No. 90-01 presently prohibits any person from constructing or locating a television or radio transmitting antenna within the City. Ordinance No. 90-01 expires on February 23, 1990. Staff is recommending that it be extended through January 8, 1991. Those persons desiring to testify in favor or in opposition to the extension will be given an opportunity to do so at the public hearing. If further information is desired, you may contact the City of Temecula at (714) 694-1989. If you challenge the extension of Ordinance No. 90-01 in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Temecula city Council at, or prior to the public hearing. F. D Ales~ city Clerk Send proof of publication to: City of Temecula, 43172 Business Park Dr., Temecula 92390 Publish: By February 3, 1990 AFFIDAVIT OF POSTING STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) SS I, F. D. Aleshire, City Clerk of the City of Temecula, HEREBY DO CERTIFY that on the 2nd day of February, 1990, I caused to have posted the attached Notice of Public Hearing, regarding: Extension of Ordinance No. 90-01 declaring a moratorium on the construction and use of television and radio transmitting antennas. at the following locations: Bulletin Board at the U.S. Post Office, 28360 Front Street; 2. County Library, Rancho California Branch, 2733A Ynez Road 3. Temecula Community Center, 28816 Pujol Street IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City Council of the City of Temecula, California, the 3rd day of February, 1990 . F. D. Aleshire, City Clerk AFFIDAVIT OF MAILING NOTICE I, F. D. ALESHIRE, City Clerk of the City of Temecula, California, hereby certify that on January 26, 1990, I caused to be mailed Notices of Public Hearings, regarding: EXTENSION OF ORDINANCE NO. 90-01 - declaring a moratorium on the construction and use of television and radio transmitting antennas. to the individuals on the attached list. F. D. Aleshire, City Clerk me Ladd Penfold KRTM-FM 28715 Via Montezuma Temecula, CA 92390 Department of Building and Safety County Administrative Center 27403 Ynez Road Temecula, CA 92390 Attn: Bob Sizemore, Sr. Bldg. Inspector 0 CHAPTER 2.7 Public Hearings [Title 7, Planning and Land Use~Division 1, Planning and Zoning-- Chapter 2.7, Public Hearing; Chapter added by Stats 1984 ch 1009 § 2.] § 65090. § 65091. § 65092. § 65093. § 65094. § 65o95. Notice by publication or posting Notice by mail or delivery Written request for notice Effect of failure to receive notice "Notice of a public hearing"; Contents Continuances Collateral References: Cal Jur 3d Zoning and Other Land Controls §§ 103 et seq. Cal Digest of Official Reports 3d Series, Zoning and Planning §§ 14 et seq. Am Jur 2d Zoning and Planning §§ 60 et seq. § 65090. Notice by publication or posting . (a) When a provision of this title req. uires notice of a public hearing to be given pursuant to this sectton, notice shah be published pursuant to Section 6061 in at least one newspaper of gener.al circulation within the jurisdiction of the local agency which xs conducting the proceeding at least 10 days prior to the hearing, or if there is no such newspaper of general circulation, the notice shah be posted at least 10 days prior to the hearing in at least three public places within the jurisdiction of the local agency. Co) The notice shall include the information specified in Section 65094. (c) In addition to the notice required by this section, a local agency may give notice of the hearing in any other manner it deems necessary or desirable. Added Stats 1984 ch 1009 § 2. Prior Law: Former § 65351, as added by Stats 1965 ch 1880 § 5. Former Section: Former § 65090, relating to authority for area planning commissions, was added by Stats 1953 ch 1355 § 2 and repealed by Stats 1965 ch 1880 § 8. Former Section: Original § 65090, relating to area planning commission, was added by Stats 1951 ch 334 § I and repealed by Stats 1953 ch 1355 § 1. 208 Cross Refer. Publicatic Qualificat city: §' Establish; Manner { Collateral i Cal Cone Am Jut Forms: Am Jut Form Law Revi~ Definiti. § 65091. (a) W-he: to be gi,~ followinl (t) Noti prior to owner's (2) Not prior te sewage, to the may be (3) No prior V latest e that is roll, th collect, roll. B delive~ 1 provid eighth local prior (4) If notic~ (A) l gener proce (3) A swimming pool may be constructe~ contrary to subsection (1) above when it lies partially within and partially without a dwelling which conforms with all cther provisions of this Ordinance. 18.31.16 - Accessory Structures and Height Exceptions: (1) (2) Structures necessary for the maintenance and operation of a building, flag poles, chimneys or similar structures are permitted in any zone and may exceed the prescribed height limits where such structures do not provide =~+~=l ~ space ~"~ect ~ the provisions of this section. Antennas (a) In all zones, noncommercial antennas are permitted as accessory structures and shall be subject to approval by the Director of Community Development when it is determined that building permits are required pursuant the Uniform Building Code. (b) In Agricultural, Residential, Hillside, Commercial .and Industrial Zones antennas shall meet the following standards: (1) Satellite dish true antennas shall be ground mounted and not exceed 196 (Norco 11/84) (3) a height of 15 feet as m~asured from ground level, except satellite dish may be mounted on the roof of Commercia!/Indus%ria! buildings if screened to the satisfaction of tke Planning Commission. (2) All other antenna shall not exceed an overall heigkt of forty-five feet as measured from ground level; and (3) All antennas shall be located to the rear or side of the main dwelling (c) Antennas shall be adequately secured with safety lines to prevent contact with power lines or prevent damage to property caused by i~s falling. (d) All antenna mountings shall be grounded for protection against a direct strike of ligkting. (e) All utilities servicing antennas shall be placed underground wherever appro- priate. Wind Energy Conversion Systems (WECS) (a) Noncommercial WECS are permitted in all zones as accessory snructures provided that building permits have been obtained. 196-1 (Norco 11/84) 19,68.0~0 ~ AND APru~-~msABT SIII~PO~. ST~C- TU~ES. (a) Non-c~rc~a~ an~e~8 a~ appur~e~n~ sup- port struturea for the pu~ose o~ tran~ltting a~/or receiving electr~agnetic waves, Incl~ing radio and television sights, ~y be erected in all zones excep~ ~he Floodplain C~bi~lni or ~he ~a~er Course Zones as a pe~ic~ed accessow use and are no~ subject ~o the heiih~ li~l~s of ~heir respective zones. ~ovever, such an~en~s and suppor~ ~ures excludinl su~res ~y no~ ~ es~ablished any required fron~ or s~ree~ side yard and their es- Cablis~n~ ~y also ~ res~ricced or precluded con,raw co resula~ions of ~he f~eral $over~nc. Design Review Board approval sMll noC be req~red on non-c~ercial accessou anten~s except where o~he~se req~red by this C~p~er. (b) ~eu~s and support s~a~ur~s i~nded for commercial broadcasting and/or receiving or uhich are es~ablished as the principal or sole use on a given proper~y s~11 ~ sublecc ~o ~he granting of a condi~io~l use pe~i~. (c) Nou-c~rcial satellite dish an~e~as for demous~racion of produc~s sold ~C~n a business es- ~ablish~nc are pe~ed sublecc ~o ~he criteria: (1) A maxim~ of ~vo s~h an~eu~s ~y be in- s~alled on the presses of each business ahich sells or operates eq~enC using a sa~elli~e dish. complexes or shops, offices and indus~rial spaces, a single d~sh should be s~red; (2) The sa~elli~e dishes ins~alled ~s~ be smalles~ units available in ~he business es~ablish- menu for ~he ~nCended use, no~ ~o exceed ~2 feec di~e~er; (3) The sa~elliCe dish mus~ be ground mounted in a location no~ visible co ad~oining s~ree~s. If i~ established ~haC ground mounting ~s no~ feasible, ~hen ~he dish ~y be roof mounted provided cha~ is situated so as ~o be as visually obscured as prac- ticable fr~ adJacen~ s~ree~s and ad~o~ning proper~y; (~) Any dish mus~ ~ painted ~o ~ch ~he pred~i- ~nC buildi~ ~all color or o~he~se blend in~o ~he background and be adequately screened ~r~ ad~oining proper~ies and s~ree~s; (Riverside 6-30-89) 762-4 TKNPO~! USE REGULATeOHS 19.68.050-19.68.060 (5) Design Review Board approval of all such in- stallations is required; (6) All roof-~ounted satellite dishes require a buildin~ per~iC~ Decisions regardin~ per~it require- meut8 for othr i~tallations ~11 be ude on a case-~cale hsi8; (7) Va~ance, ~r~ t~se criteria uy ~ granted pursuan~ to the variance proc~ure contained ~er 19.6~ of ~he ~u~[pal C~e. (Ord. ~609 ~1, 1988; Ord. ~969 ~2, 1981). 19.681050 OCCU~A!ICT I~O~IBITED AND E~CEFTIONS. Except in approved mobile h~e par~ ehere c~ pro~- sisns of th~s Section 8~11 not apply or as othe~ ~se prov~d~ ~n ~s Section, no house car, nobils h~e, ms,or h~e or ~ra[ler which is occupied or used or designed or [ntend~ ~o be occupied or used for dwelling, resident~al or sleeping pu~ose8 8~11 be erectS, move, place, main=ai~d or used for dwelling, residential or sleep[ns pu~oses angers ~=hin the City, and no person shall occupy or use any house car, mobile h~e, motor h~e or =railer for dwelling, residential or sleeping pu~oses in the C~=y; provide, however, =ha= a house car, mo- bile h~e, motor home or ~railer ~y be temporarily placed, ~inCained, occupied and used for dwelling, residen~ial and sleepi~ pu~oses for a period of noc~o exceed [~[~een =o~al days in any one calendar year on any siven parcel in a residential zone. The provision of =his Section shall not apply ~o any house car, mobile home, ms,or home or =railer ap- proved for residen=i~ ~cupancy by a condi~ioul use peri= as prescribed by Chapter 19.64 of this Code, nor ~o a mobile h~e lawfully established on a pe~nen= foundation. (0rd. 5323 ~1, 1985). 19.68.060 ~PAIR, ~IT~ENANCE OR OVE~tAUL OF ~O- TOR ~HI~S. Repair of ms,or vetches ~n any resi- dential zone s~11 be limited to the ~ollo~n~: a. Motor ve~cle repairs occurri~ In any front or street side yard, or in any area visible to a ~ublic street 8~11 occur o~y on a legal driveway area or parkinS space a~ s~11 ~ limited to the ~inor re- pair of no ~ore t~n one vehicle at a ti~e. Hinor repairs to any one vehicle s~11 not exceed t~o days 762-5 (Riverside 6-30-89) ZONING § 26-685.983 be obtained prior to the start of the operation of the use. (e) The location of the "defined area," for serv- ing alcoholic beverages, as shown on Study Plan "A," shall not be changed without a revision to this unclassified use permit. (fi The hours of operation of the alcoholic bev- erage service shall be limited to between 3:00 p.m. and 10:00 p.m., and shall not be changed without a revision to this unclassified use permit. (g) Room service for alcoholic beverages is prohibited. (h) No person under twenty-one (21) years of age shall be perrnitted in the defined area at any time. The defined area shall have signs posted to that effect. (i) Alcoholic beverages may be served compli- mentary or sold to guests, and shall be available for sale to the general public during the hours of operation. (j) Outdoor signs advertising the alcoholic bev- erage service are prohibited. (k) The alcoholic beverage service shall not be advertised to the general public, but guests and potential guests may be informed of the service. (t) Such other conditions as deemed by the plan- ning commission to reasonably relate to the pur- pose of this division. (Oral. No. 1769, § 2, 2-22-88) Secs. 26-685.107--26-685.979. Reserved. DIVISION 16. RECEPTION AND TRANSMISSION ANTENNAS Sec. 26-685.980. Purpose. This division sets forth the development stand- ards for the installation and maintenance of an- tennas within all land-use zones of the city. The purpose of these regulations is to ensure that the design and location of antennas are consistent with the health, safety, and aesthetic objectives of the city, while providing for the technical re- quirements of these antennas. (Ord. No. 1801, § 2, 1-9-89) Sec. 26-685.981. Regulation application. Unless otherwise exempt by this diwision, the regulations set forth herein shall apply to anten- nas used for both commercial and non-commercial purposes. The regulations do not apply to anten- nas used to service public utility stations, yards and similar facilities which are governed by .~rti- cle XI (Non-Residential Uses) and require an un- classified use permit. (Ord. No. 1801, § 2, 1-9-89) Sec. 26-685.982. Definitions. (a) Antenna. Any system of wires, poles, rods, reflecting discs, or similar devices of various sizes, materials and shapes including but not limited to solid or wire-mesh dish, horn, spherical, or bar configured arrangements, used for the transmis- sion or reception of data, facsimile, television, voice or other forms of telecommunications. Any such system is further defined to be external to or attached to the exterior of any building. Co) Antenna support structure A mast, pole, tri- pod or tower utilized for the purpose of support- ing an antenna(s) as defined above. (c) Amateur and/or citizen band antennas. An- tennas used for the operation of amateur and/or citizen band radio stations and which are licensed by the Federal Communication Commission. (d) Reception window. The area within the di- rect line between a land-based antenna and an orbiting satellite. (e) Obstruction-free reception window. The ab- sence of man-made or natural physical barriers that would block the signal between a satellite and an antenna. (Ord. No. 1801, § 2, 1-9-89) Sec. 26-685.983. Installation of antennas. All antennas and antenna support structures shall be installed and maintained in compliance with the requirements of the City of West Covina Municipal Code Chapter 7 (Buildings and Build- ing Regulations), the Uniform Building Code, and the manufacturer's structural specifications. (Ord. No. 1801, § 2, 1-9-89) Supp. No. 31 1842.15 26-685.984 WEST COVINA CODE Sec. 26-685.984. Exemptions. The regulations of this division do not apply to amateur radio antennas when said regulations would prevent the regular transmission and re- ception of amateur radio signals. (Ord. No. 1801, § 2, 1-9-89) Sec. 26-685.985. Prohibited antennas in res- idential zones. l a) No radio or telecommunication "transmis- sion" antennas shall be permitted in residential zones, except that those of amateur radio oper- ators who are licensed by the Federal Communi- cations Commission and capable of providing emer- gency communication service to the public, or that conform to the regulations of this division and Division 5, home occupations, of this Article XII. Ibl Antennas with a solid or wire-mesh surface with a diameter or maximum width greater than twelve i12) feet are prohibited in residential zones. (Ord. No. 1801, § 2, 1-9-89) Sec. 26-685.986. Development standards. (a) Location on property. Residential zones. a. No antennas and antenna structures shall be permitted in the required side yard or front yard. b. No antennas shall be permitted within five (5) feet of the rear property line. c. No antennas consisting of a solid or wire- mesh surface shall be permitted on the roof except as permitted through the ap- proval of a variance application. (2) Commercial zones. a. No antennas and support structures shall be permitted in required front or street side yard. b. No antennas and antenna support struc- tures shall be permitted within fifteen (15) feet of the portion of a rear or side yard line that abuts a resident(ally zoned or developed site. Supp. No. 31 (1) (2) (3) (1) (2) (1) (2) c. No antennas and antenna support struc- tures shall be permitted in a required parking space. d. Roof-mounted antennas are permitted sub- ject to the roof-mounted screening stand- ards per section 26-685.986(dX2) of this division. Oa) Height restrictions. The height of an antenna shall be the total maximum to which it is capable of being raised. No ground-mounted antennas and antenna support structures shall exceed forty-five t45) feet in height measured from the average finished grade of the subject site. No roof-mounted antennas and antenna sup- port structures shall exceed twenty (20) feet above the peak of the roof. (c) Lot coverage. Lot coverage shall be determined as the ground space obscured from the sky by the antenna and antenna support structure, regardless of height. Antennas and antenna support structures shall comply with the lot coverage requirements of the underlying zone. (d) Screening standards. All antennas and antenna support structures shall be as visually unobtrusive as possible. To the extent feasible as determined by the planning director, all antennas consisting of a solid or wire-mesh surface and antenna sup- port structure shall be seventy-five 175) per cent screened when viewed from ground level from any adjacent public rights-ofiway, parks. schools, or resident(ally zoned properties. Such screening may consist of solid fencing, block wall, including the existing perimeter fence/wall on the site, landscaping or any combination there of. In the case of a roof-mounted installation, such screening may incorporate features of the existing roof (e.g., a parapet, the slope of a pitched roofi, landscaping, or fencing which is compatible with the design and material of the existing development on the site. lord. No. 1801, § 2, 1-9-89) 1842.16 ZONING l 26-658 Sec. 26-685.987. General. (a) Antenna surfaces shall not be painted or shiny bright colors and shall be treated so as not to reflect glare from sunlight. (b) No signage or lighting shall be incorporated into or attached to any antenna or antenna sup- port structure, except to indicate danger. (c) All antennas must be permanently and prop- erly grounded for protection against a direct strike of lighting, with an adequate ground wire as speci- fied by the electrical code. (d) All electrical wires shall be protected in con- duit, which shall be undergrounded or fixed to the ground and/or building. (Ord. No. 1801, § 2, 1-9-89) Sec. 26-685.988. Provision for relief. Relief from the development standards contained herein may be granted by the planning commis- sion subject to the approval of a variance applica- tion if the following specific findings can be determined: (1) That none of the permitted locations or height restrictions for antennas and antenna support structures provide for an obstruction-free re- ception window of said antenna as per block- age by the primary on-site structure or off- site buildings and trees of abutting properties; and/or (2) Existing natural geographic conditions pre- clude an obstruction-free reception window. (Ord. No. 1801, § 2, 1-9-89) ARTICLE XIII. OVERLAY ZONES DIVISION 1. CIVIC CENTER Sec. 26-686. Purpose. The purpose of the civic center overlay zone is to provide for the orderly, harmonious, and at- tractive development of the area around the pub- lic buildings in the civic center in order to protect and preserve the character and integrity of the public and private investment and to encourage the development of the area as a focal point for Supp. No. 31 the community. The regulations contained in this division are in addition to those in the underlying zones which are applicable to the property in the civic center area. (Code 1960, § 11201.11; Ord. No. 1333, § 1, 4-25-77) Sec. 26-687. Location. The civic center area consists of the property in the civic center area including: All land lying between the center line of San Bernandino Free- way; a line of three hundred fifty (350) feet east- erly of the center line of Sunset Avenue; a line three hundred thirty-five (335t feet southerly of the center line of Cameron Avenue (eighty (801 feet wide); the most westerly property line of Or- ange Avenue, exclusive of any portion thereof lying southerly of the northwesterly line of the Walnut Creek Wash. (Code 1960, § 11201.02; Ord. No. 1333, § 1, 4-25-77) Sec. 26-688. Development standards. The following development standards, in addi- tion to the requirements of the underlying zone, shall apply to all development within the civic center overlay zone. (a) Precise plan for design. Before property in the civic center overlay zone is developed or improved, a precise plan of design will be required as specified in article VI, divisions 1 and 2 of this chapter. (b) Architectural treatmeni The planning commis- sion and the city council shall consider the exterior architectural design and appearance, signage, landscaping, and other physical char- acteristics, including location and type of pub- lic utility facilities proposed to be constructed in the civic center overlay zone. A scale ele- vation of each exposed side, as well as at least one perspective and samples of the sur- face materials, shall be submitted with the application for approval of the precise plan of design and shall become an integral part of such application. (1) The exterior architectural design and ap- pearance shall include strong vertical and horizontal lines to convey a definite feel- ing of massiveness and volume. Building 1842.17 ZONING 19.04.695 Rooming unit. "Rooming unit" means any room, or group of rooms, forming a single habitable unit used for living and sleeping, but which does not contain cooking or eating facilities. (Ord. 347 § 1 (partl, 1976: prior code § 9300.5(137).) 19.04.700 Sanitarium. "Sanitarium" means the same as "hospital" § 1 (part), 1976: prior code § 9300.5(138).) (Ord. 347 19.04.703 Satellite dish antenna. "Satellite dish antenna" means an antenna in the shape of a shalIow dish, and appurtenant equipment. for reception of communications (television and otherwise) from orbiting satellites or ground transmitters. (Ord. 593 § 2. 1985: Ord. 590 § 2. 1985.) (Cam~illo s-85~ 480-30b A-E AGRICULTURAL EXCLUSIVE ZONE 17. Residence of the owner or owners. or lessees or lessor. of the land upon which the use is conducted. (Ord. 512 § I . 1982' Oral. 260 § I (t~art). 1974: prior code § 9401.1.) !9.10.030 Uses permitted by conditional use permit. The following additional uses may be permitted subject to the approval of a conditional use permit as provided for in Section 8163.3 of the zoning ordinance 1. Nurseries, retail: 2. Feed lots' 3. Dairies; 4. Production of eggs. and hatcheries involving more than five hundred laying birds: 5. Fur farms: 6. Electrical distribution substations: 7. Natural resources, development of, including necessary structures and appurtenances. Development of water resources shall be limited to the following: a. The drilling and operation of water wells on lots which are principally used for agriculture and are forty acres or larger. The water produced shall be used only for the lot on which the well is located, b. The drilling and operation of water wells and distri- bution of water therefrom by any mutual water company to the persons and properties which it serves: 8. Soil amendment activities to incorporate certain oil field waste into the soil: 9. Residence in excess of those permitted in Section 19.10.010: 10. Farm labor mobile home park; 11. Private nonvehicular daytime recreational activities for hiking, tiding, fishing, and hunting which such uses require structures or improvements such as, but not limited to, fireplaces, paving or swimming pools: 12. Automated radio, television transmitter relay signal distribution facilities and associated equipment: 480-47 (Camarillo 1-86) ZONING 13. Temporary agricultural stands in accordance with Chapter 19.62; 14. Satellite dish antennas in a side yard or at heights greater than fifteen feet. (Ord. 593 § 3. 1985: Ord. 590 § 3. 1985:Ord. 512 § 10 Ipartl. 1982: Ord. 444 § 1. 1979: Oral. 260 § 1 Ipart). 1974: prior code § 9401.2.) 19.10.040 Development standards. The development standards set forth in Sections 19.10.050 through 19.10.100 shall apply to all developments within the A-E agricultural exclusive zone and no building or structure hereinafter shall be erected wlfich does not provide these standards. (Oral. 260 ~ 1 (part~. 1974: prior code § 9401.3 I part }. t 19.10.050 Lot area. The minimum acreage for any A-E zone shall be ten acres. A parcel cannot be divided into parcels of less than ten acres. In the event that a greater required lot area is designated for a particular area in the A-E zone. it shall be indicated by the number expressing the required acres for the lot following the zone symbol. such as A-E (40 acresj and such property shall be hereafter so classified. The planning commission and/or city council can implement this change in accordance with the procedures in Chapter 19.70 of the Camarillo Municipal Code. {Ord. 260 § 1 {part}. 1974: prior code § 9401.3{a1.) 19.10.060 Lot dimensions. All lots hereinafter created shall comply with the minimum standards set forth in Sections 19.10.070 through 19.10.100 and lots not held under separate ownership or of record shall not be reduced below the ten-acre minimum lot area and the standards set forth in Sections 19.10.070 through 19.10.100. {Ord. 260 § I (part}. 1974: prior code § 9401.3(b).) (Camarillo 1-86) 48048 R-E RURAL EXCLUSIVE ZONE three months of age or older but not including birds kept for commercial purposes or poultry: 2. The total number of pigeons shall not exceed five pigeons for each one thousand square feet of lot area or ten ornamental or song birds for each one thousand square feet of area: 3. Accessor3.' buildings or structures incidental to such permitted uses shall-not be located closer than ten feet from any property line nor twenty-five feet from any residential dwelling used for human habitation other than the residence on the same lot: 4. Such pigeons and birds shall be kept and maintained in a clean and sanitary condition at all times and shall not cause or tend to cause detrimental or injurious condi- tions to the public health. safety. or general welfare of any human being or animals: L. Public parks. playgrounds and athletic fields: N. Temporary subdivision office: temporary subdivision office for the limited purpose of conducting sale of lots in the subdivision tract. Such use shall be subject to approval by the planning director and any conditions deemed neces- saD' to insure compatibility with the area in which it is proposed to be placed: O. Temporars, storage in any building project during con- struction and sixty days thereafter property in said project may be used for storage of materials, excluding batch plants. used in the construction of the individual buildings in the project and for the contractor's temporary office: P. Accessory, buildings and structures auxiliary, to the principal permitted uses: Q. Special events as set forth in Chapter 19.63. (Ord. 628 § 2. 1987; Ord. 512 § 2, 1982; Ord. 459 § 1, 1980: Ord. 444 § 2. 1979; Ord. 320 (part), 1976: prior code § 9402.1.) 19.12.030 Uses requiring conditional use permits. The following uses may be permitted in the R-E zone if a conditional use permit is obtained in the manner provided in 480-55 (camarino ZONING this section and such use conforms to every term and condi- tion of the permit. A permit for any of these uses may be granted by the planning commission if the applicant produces sufficient evidence that the use will not be injurious nor detri- mental to the public health. safety or welfare or to the property in the vicinity of the property on which the use will be situated or that said effects can be .modified to insure compatibility through conditions of approval: A. Animals. fowl not otherwise permitted in this zone ex- cluding livestock feeding pens: B. Boardinghouses and rest homes: C. Cemeteries. crematoriums and mausoleums: D. Churches: E. Commercial stables and riding academies: F. Community and publicly owned recreational centers. club- houses and similarly used buildings and structures open to the public: G. Day nurseries for six or more children: Fl. Farm labor mobile homes: housing may be permitted on a parcel of not less than forty acres and in accordance with the following: a. Not more than ten temporary. mobile homes shall be maintained per acre of the area devoted to such use: b. Mobile homes shall be placed a distance of not less than fifteen feet papart: c. In no event shall any mobile home be located closer than seventy-five feet to any other farm structure: d. A parking area shall be provided with approved access and paving with one and one-half spaces per unit in suit- able proximity to each mobile home: e. Farm labor. mobile homes and related parking areas shall not be less than thirty-five feet to any property line or public right-of-way; f. Each site for a mobile home shall be thirty feet in width with one thousand five hundred square feet per space: g. Temporary farm labor mobile home housing shall meet or exceed the minimum requirements as provided in the California Flealth and Safety Code: (Cammilo 10.8'7) 480-56 R-E RURAL EXCLUSIVE ZONE I. Farm animals and fowl in excess of those authorized ex- cluding for commercial purposes: 1. Class IV animals being turkeys, guinea fowl. geese and animals which are wild by nature: 2. An exception to increase the minimum area standard and/or decrease the minimum setback standards as provided for farm animals and fowl in the R-E zone: J. Golf courses, tennis clubs, swim clubs, including clubhouse and accessory restaurant, pro shop, either publicly or pri- vately owned but not including miniature golf courses; K. Public utility buildings and structures; L. Schools, colleges and boarding schools and similar establish- ments for education and training facilities and housing for the accommodating of faculty, students, trainees and other persons associated with such establishments when located on the same parcel or continuous parcels of land upon which a school or establishment is located; M. Natural resources, development of, including necessary structures and appurtenances. Development of water resources shall be limited to the following: 1. Th'e drilling and operation of water wells on lots which are principally used for agriculture and are forty acres or larger. The water produced shall be used only for the lot on which the well is located, 2. The drilling and operation of water wells and distribu- tion of water therefrom by any mutual water company to the persons and properties which it serves: N. Mobilehome"~arks' and mobilehome subdivisions. in accordance with Chapter 19.18 and state law: O. Temporary agricultural stands in accordance with Chapter 19.62' P. Parking lots, as accessory uses, within one hundred fifty feet of the building, lot, parcel or site they are intended to serve. Publicly owned parking lots shall be excluded from the conditional use requirement; Q. Second residential units may be permitted in accordance with Chapter 19.62: 480-56a (Camarillo 5-88) R-E RURAL EXCLUSIVE ZONE R. Roof-mounted satellite dish antennas, satellite dish antennas in a side yard or satellite dishes having a height greater than fifteen feet. No conditional use permit may be issued for a roof-mounted satellite dish unless it meets the following criteria: 1. The applicant must demonstrate that ground-mounting of the satellite dish antenna would result in the obstruc- tion of the satellite antenna's reception window, and that such obstruction involves factors beyond his/her control, 2. The height of the proposed satellite dish antenna shall not exceed the maximum height restriction imposed upon primary uses within the zone, 3. The proposed satellite dish antenna must be compatible with neighboring uses and improvements and should be located away from public view as much as possible, 4. The application shall include certification that the proposed installation is in conformance with applicable city building code regulations. Furthermore, the applica- tion must contain written documentation of such con- formance, including load distributions within the build- ing's support structure: S. Buildings containing a height greater than thirty-five feet with a maximum height of seventy-five feet. This provision shall not apply to single-family residences. (Ord. 634 § ~ 1987'Ord. 621 § I 1986'Ord. 596§ ~ 1985' Ord. 593 § 5, 1985: Ord. 590 § 5, 1985: Ord. 560 § 2 (part), 1984: Oral. 512 § 10 (part), 1982: Ord. 482 § 1, 1980'Ord. 474 § 3, 1980: Ord. 444 § 3, 1979: Ord. 320 (part), 1976: prior code § 9402.2.) 480-57 (Cam~riilo 5-88) R-I SINGLE-FAMILY RESIDENTIAL ZONE N. In any building project. during construction and sixty days thereafter. property in the project may be used for the storage of materials used in the construction of the indi- vidual buildings in the project and for the contractor's temporary office; O. Special events as set forth in Chapter 19.63. (Ord. 628 § 3, 1987: Ord. 512 § 3. 1982: Ord. 492 § 1 (part), 1981: Ord. 444 § 4, 1979: Ord. 317 § I (part), 1976: prior code § 9403.1.) 19.14.030 Uses requiring conditional use permits. The following uses may be permitted in the R-I zone if a conditional use permit is obtained in the manner provided in this chapter and such use conforms to every term and condition of the permit. A permit for any of these uses may be granted by the planning commission if the applicant produces sufficient evidence that the use will not be injurious or detrimental to the public health. safety or welfare or to the property in the vicinity of the property on which the use will be situated or that the effects can be modified to insure compatibility through the conditions of approval: A. Animals, birds, and poultry in excess of the number per- mitted elsewhere in the zone for commercial or private use; B. Cemeteries. columbariums. crematories and mausoleums: C. Churches; D. Day care nurseries for more than six individuals: E. Elementary, junior high and high schools, boarding, in- cluding offering a full curricula as required by state law: F. Tennis clubs and swim clubs, golf courses with driving range including pro shop and restaurants but excluding miniature courses and separate driving ranges; G. Governmental facilities: H. Libraries and museums: I. Model experimental dwellings: J. Philanthropic and charitable institutions: K. Public utility buildings and structures; L. Rest, convalescent or nursing homes: " 480-64a (Camarillo R-1 SINGLE-FAMILY RESIDENTIAL ZONE M. Temporary residence' a mobile home may be used as a temporary residence for such time as the commission may permit during the period of construction of a permanent dwelling on the same lot when the dwelling is not inhabi- table. but in no case longer than six months from the date of zone clearances issued for the mobile home: N. Water supply. governed by the following: 1. The drilling and operation of water wells on lots which are principally used for agriculture and are forxy acres or larger. The water produced shall be used only for the lot on which the well is located. 2. The drilling and operation of water wells and distribu- tion of water therefrom by any mutual water company to the persons and properties which it serves: O. Parking lots. as accessory uses. within one hundred fifty feet of the building, lot. parcel or site they are intended to serve. Publicly owned parking lots shall be excluded from the con- ditional use requirement; P. Temporary agricultural stands in accordance with Chapter 19.62; Q. Second residential units may be permitted in accordance with Chapter 19.62; R. Roof-mounted satellite dish antennas, satellite dish antennas in a side yard or at heights greater than fifteen feet. No conditional use permit may be issued for a roof-mounted satellite dish unless it meets the following criteria: 1. The applicant must demonstrate that ground-mounting of the satellite dish antenna would result in the obstruc- tion of the satellite antenna's reception window, and that such obstruction involves factors beyond his/her control. 2. The height of the proposed satellite dish antenna shall not exceed the maximum height restriction imposed upon primary uses within the zone, 3. The proposed satellite dish antenna must be compatible with neighboring uses, improvements and should be located away from public view as much as possible. 4. The application shall include certification that the proposed installation is in conformance with applicable 480-65 (C. am~rillo 5-~,8) ZONING city building code regulations. Furthermore, the applica- tion must contain written docume~.tation of such con- formance, including load distributions within the build- ing's support structure: S. Buildings containing a height greater than twenty-five feet with a maximum height of seventy-five feet. This provision shall not apply to single-family residences. (Ord. 634 § 4. 1987: Ord. 596 § 4, 1985: Oral. 593 § 7, 1985: Ord. 590 § 7, 1985: Ord. 560 § 2 (part), 1984; Oral. 512 § 10 (part), 1982; Ord. 482 § 2, 1980:Ord. 444 § 5, 1979:Ord. 317 § 1 (part), 1976: prior code § 9403.2.) 19.14.040 Property development and performance standards. The property development and performance standards set forth in Sections 19.14.050 through 19.14.150 shall apply to all lots and premises in the R-1 zone. Site plan review and ap- proval shall be required for original installation and any modifi- cations and shall include review and consideration of general siting, roofing materials, exterior siding, and roof overhang, to insure consistency and compatibility with existing units within the area and the unit or units proposed and assure compliance with applicable standards. The review of application shall be (Camatillo 5-88) 480-66 RPD RESIDENTIAL PLANNED DEVELOPMENT ZONE G. Keeping of household pets, domestic animals for personal purposes in a single-family detached residence shall be main- tained in accordance with the standards established in the R-I zone: H. Attached residential units may maintain not more than three dogs or cats over the age of four months or combina- tion thereof: I. Agricultural uses, temporary agricultural uses and stands, subject to the following conditions and limitations: 1. Growing agricultural crops and accessory structures are permitted uses, but no poultry or animals shall be raised or kept except as otherwise permitted by this chapter: J. Rented rooms in any single-family detached residence (RPD-5 or lesser zone) for occupancy of not more than two persons in addition to members of the family occupying such dwellings: K. Special events as set forth in Chapter 19.63. (Ord. 628 § 4, 1987; Ord. 610 § 1, 1986; Ord. 512 § 4, 1982: Oral. 493 § I (part), 1981: Oral. 364 § 1 (part), 1977: prior code § 9404.1.) 19.16.025 Uses subject to conditional use permit. The following uses may be permitted in the RPD zone if a conditional use permit is obtained in the manner provided by Chapter 19.62: A. Water supply, governed by the following provisions: 1. The drilling and operation of water wells on lots which are principally used for agriculture and are forty acres or larger. The water produced shall be used only for the lot on which the well is located. 2. The drilling and operation of water wells and distribu- tion of water therefrom by any mutual water company to the persons and properties which it serves: B. Parking lots, as accessory uses, within one hundred fifty feet of the building, lot, parcel or site they are intended to serve. Publicly owned parking lot shall be excluded from the con- ditional use requirement: C. Temporary agricultural stands in accordance with Chapter 19.62: 480-70a (Camarillo 5-88) RPD RESIDENTIAL PLANNED DEVELOPMENT ZONE D. Second residential units may be permitted in accordance with Chapter 19.62; E. Roof-mounted satellite dish antennas, satellite dish antennas mounted in a side yard or at heights greater than fifteen feet in the RPD-SU or lesser zones with detached residential units. No conditional use permit may be issued for a roof- mounted satellite dish unless it meets the following criteria: 1. The applicant must demonstrate that ground-mounting of the satellite dish antenna would result in the obstruc- tion of the satelhte antenna's reception window, and that such obstruction involves factors beyond his/her control, 2. The height of the proposed satellite dish antenna shall not exceed the maximum height restriction imposed upon primary uses within the zone, 3. The proposed satellite dish antenna must be compatible with neighboring uses and improvements and should be located away from public view as much as possible, 4. The application shall include certification that the proposed installation is in conformance with applicable city building code regulations. Furthermore, the applica- tion must contain written documentation of such con- formance, including load distributions within the build- ing's support structure. (Ord. 634 § 6, 1987; Ord. 593 § 9, 1985: Ord. 590 § 9, 1985; Ord. 560 § 2 (van), 1984: Ord. 512 § 10 (part), 1982:Ord. 482 § 3, 1980;Oral. 444§ 6, 1979.) 19.16.030 Uses permitted by residential planned development permit. Residential planned development permit may be approved by the planning commission for the following uses and de- velopers are encouraged to include innovative approaches in residential design which may include general departures from standard design principles, still provide adequate open space, separation of units, and allow for mix of unit types. In addition, 480-71 (Camarfllo 11-88) O-S OPEN SPACE ZONE twenty feet from any property line. public road, street or highway. 3. The stand shall be removed when not in use for a period of thirty days: J. Temporary movie sets or locations in connection with motion pictures, television programs or commercials: K. Parks owned by public agencies: L. Nurseties and greenhouses without retail sales: M. Commercial or private stables and tiding academies: boarding and care of horses, including living quarters for grooms and caretakers located within the same building: N. The production and dispensing of water together with normal appurtenances accessory thereto on any lot or parcel of land under the ownership of any mutual water company. estabhshed water district or other public water supply agency: O. Fire stations and facilities for federal, state and county law enforcement, excluding jails, prisons and other places of confinement. lord. 405 ~ 1 (part), 1978: prior code § 9413.2.) 19.34.040 Uses subject to a conditional use permit. The following uses may be permitted if a conditional use permit is obtained in the manner provided in the zoning ordinance and such use conforms to every term and condition of the permit. A permit for any of these uses may be granted by the planning commission if the applicant produces sufficient proof that the use will not be injurious or detrimental to the public health, safety or welfare, or to the property in the vicinity or zone in which the use will be situated: that the effects can be prevented with the imposition of conditions, and that the permit is necessary for the owner of the property to make reasonable use of the property: A. Public and privately owned recreational centers, clubhouses and similarly used buildings open to the public including tennis, swimming or similar activities, other than arcades: B. Cemeteries, columbariums. crematories and mausoleums; C. Buildings, structures and maintenance yards owned by public utilities and all other public entities; 480-1 89 (Camarillo 1-86) ZONING D. Feed lots for the raising of livestock: E. Radio and television towers and related facilities excluding studios: F. Rifle. pistol, skeet or trap ranges: G. A mobile home used as temporary housing for a caretaker on parcels of forty acres or more. where an employee must be on the property for a substantial portion of each day for vital functions or protection from vandalism; H. Oil exploration and extraction: I. Golf courses with or without clubhouses and restaurants within the clubhouse' J. Campgrounds and recreational vehicle parks' K. Any operation performed in a permanently fixed structure or establishment on the farm or on a moving packing plant on the farm for the purposes of preparing agricultural, horticultural. egg, poultry, meat. rabbit or dairy products for market where such operations are done on the premises owned and operated by the same person who produce the products referred to herein and includes all operations incidental thereto' L. Satellite dish antemaas in a side yard or at heights greater than fifteen feet. lord. 593 § 19. 1985: Ord. 590 ~ 19, 1985' Ord. 537 ~ 5. 1982' Ord. 405 ,~ I (part). 1978' prior code § 9413.3.) 19.34.050 Development standards. The following development standards shall apply to all developments witlain the O-S open space zone and all buildings or structures hereinafter erected shall conform to the following: A. Lot Area. Minimum parcel size shall be ten acres unless designated for greater lot area by a suffix after the zone designation. B. Lot Dimensions. 1. Lot width shall be a minimum of three hundred feet. 2. Lot depth shall be a minimum of four hundred feet. C. Setbacks. 1. Front Yard. All buildings shall be setback a minimum of fifty feet. {Camarillo 1-86) 480-190 O-S OPEN SPACE ZONE 2. Side Yard. All buildings shall be setback a minimum of fifty feet. 3. Rear Yard. All buildings shall be setback a minimum of fifty feet. D. Accessory Buildings and Structures. An accessory building and structure shall not occupy any portion of the front yard. There shall be a minimum of fifty feet between build- ings used for human habitation and accessory buildings and structures. except as provided in subsection K of this section E. Parking. Parking shall be provided as set forth in the parking regulations. Chapter 19.44. F. Fences and Walls. 1. A fence. wall or hedge. not to exceed six feet in height. may be located or maintained along the side or rear lot lines provided such fence. wall or hedge does not extend within twenty feet of the front property line or within a corner cutback area in which case such fence or wall shall be limited to three feet in height. 2. No fence. wall or hedge shall exceed three feet in height in any corner cutback area. G. Building Height. Building height shall not exceed twenty- five feet. H. Utilities. All utilities shall be placed underground in accord- ante with provisions of Chapter 13.08. I. Signs. Signs may be erected in the O-S zone in accordance with the residential section of the sign ordinance codified in Title 17. J. Animals and Fowl Maintenance. The keeping of animals and fowl shall be maintained in accordance with the following: 1. The area where animals and fowl are maintained shall not create a nuisance in relation to adjoining property and shall be kept in a healthful manner. 2. The animals and fowl shall be contained in such a manner to restrict their movement onto the public right-of-way or adjoining property. 3. The area where animals or fowl are maintained shall be a minimum of fifty feet from any building used for human habitation excepting domestic pets such as dogs or cats. 480-191 (Camarillo 1-86) ZONING K. Satellite Dish Antenna. Rear Yard. A satellite dish antenna may extend into a rear yard: provided. that such antenna is not more than fifteen feet in height. and not less than six feet from the main building. A roof-mounted satellite dish antenna is strictly prohibited. The placement of such antenna in a side yard. or at heights greater than fifteen feet. max' be permitted upon the ~anting of a condi- tional use permit. The antenna shall incorporate an earth- tone or back~ound color which blends with adjacent structures and land features. and corrosive resistant material. Tile antenna shall be erected in a secure. wind resistant manner. and shall conform to applicable city building code regulations. ~Ord. 593 § 20. 1985: Ord. 590 § 20. 1985: Ord. 405 § 1 (partt. 1978: prior code § 9413.4.1 Sections: 19.36.010 19.36.020 19.36.030 19.36.040 19.36.050 19.36.060 19.36.070 19.36.080 19.36.090 19.36.1 O0 19.36.110 19.36.120 111. GENERAL PROVISIONS Chapter 19.36 YARDS Measurement procedure. Application to main and accessory, structures. Required yard or open space not to apply. to other buildings. Projections. Detached accessory buildings-Generally. Detached accessory buildings-Rear yard. Breezeways. Covered patios-Rear yard. Covered patios-Side yard. Architectural features. C!fimneys and fireplaces. Balconies, fire escapes, and stairways. (Camarillo 1-86) 480-192 ZONING CORONA ,.MUxi!CIPAL CODE Sections: 17.66.010 17.66.020 17.66.030 Chapter 1'7.66 ACCESSORY BUILDINGS AND BUILDING HEIGHT Accessory buildings. Building height. Earth station disc antenna receivers. 17.66.010 Accessory buildings. A. No garage or other accessory building shall be located in any R zone without a permissive main building. B. Detached accessory buildings shall be at least ten feet from the main building. C. No detached accessory building shall be located closer than sixty feet from the front property line. D. Detached accessory buildings without fire resistive walls shall be at least four feet from a side or rear lot line. Detached accessory buildings with fire resis- tive walls shall be permitted at least two feet from a side or rear lot line; provided, however, that any area three feet or less shall be poured with a minimum of two inches or concrete and finished to provide proper drainage. E. Garages with automobile access from an alley shall not be closer than twenty- five feet from the opposite property line of the alley, F. No accessory building shall occupy any portion of the side yard on the street side of the corner lot, and on a reversed corner lot no accessory building shall be erected closer to the street than the building line of the adjacent key lot. (Prior code § 9-1-420.) 17.66.020 Building height. All buildings hereafter erected and existing buildings which may be recon- structed, altered, moved, or maintained, or enlarged shall comply with the height regulations of the zone in which they may be located. Roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment re- quired to operate and maintain the building, and fire or parapet walls, skylights. towers. church spires, flag poles, chimneys, smokestacks, wireless masts or similar structures may be erected above the height limits prescribed in this title; pro- vided, that the same may be safely erected and maintained at such height in ~icw of the surrounding conditions and circumstances, but no roof structures or any space above the height limit shall be allowed for the purpose of providing addi- tional floor space. (Prior code § 9-1-440.) 17.66.030 Earth station disc antenna receivers. A. A single earth station disc antenna receiver up to ~,wclve feet in diameter may be installed on any property in an,~ zone of the city p.,rg'vided that: !, Antennas mounted or maintained at ground level shall be provided with screening around the lower two-thirds of the installation. 2. Screening may consist of a fence, wall, landscaping or other material as approved by the planning director. (CMC 8/87) -496~ ZONING CORONA MUNICIPAL CODE .66 3. The disc antenna foundation surface may not bc clcvatcd morc than onc foot above the ground elevation, and shall bc securely affixed to the ground installation structure. In residential and agricultural zones: 1. The receiver shall be ground mounted and located in the rear yard area. 2. Where evidence is submitted that a rear yard location will not permit a direct line of sight to the transmitting satellite, a ground mounted side yard location may be allowed, provided it is adequately screened. C. The following applications shall require Board of Zoning Adjustment approval pursuant to Section 17.98.020: !. All earth station receivers between 12 and 15 feet in diameter, in any ~zOne. 2. All roof mounted antennas up to fifteen feet in diameter in any zonc. D. The provisions of Section 17.92.030 shall apply to all disc antenna receivers over fifteen feet in diameter in any zone, and all disc antenna transmitters of any size in any zone. (Ord. 1771 § !, 1985; Ord. 1650 § 4 (part), 1982.) (CMC 8/87) -496a- ORDINANCE NO. 89- ~- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE TO MODIFY PROCEDURES REGARDINGREVIEWANDREGULATIONS OF AMATEUR RADIO ANTENNAS. SECTION 1. FINDINGS The City Council of the City of Costa Mesa finds and declares as follows: The Federal Communications Commission (FCC) has established a rule preempting State and local regulations that operate to preclude amateur radio communications. However, the FCC has not preempted local regulations involving placement, screening, or height of amateur radio antennas so long as the regulations are based on health, safety or aesthetic considerations, represent a reasonable accommodation of amateur radio communications, and constitute the minimum practicable regulation necessary to accomplish the local agency's legitimate purpose. e The City of Costa Mesa desires to allow amateur radio antennas in residential, commercial, institutional, and industrial areas of the City, subject to appropriate regulation to prevent these antennas from creating a negative impact on neighboring properties. The amateur radio antenna development standards set forth in Section 2 allow antennas, subject to regulations regarding the location, type, and height to protect the health, safety, and welfare of the community, while a!!~wing ~mateur radio operators reasonable opportunit~ to communicate. ACCORDINGLY, the City Council of the City of Costa Mesa hereby amends Title 13 as follows: SECTION 1. Section 13-40. Definitions. Add the following definitions in appropriate alphabetical order: Antenna, Amateur Radio. An antenna array and its associated support structure, such as a mast or tower, that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission. Antenna Height· The distance from the property's grade to the highest point of the antenna and its associated support structure when fully extended· Antenna, Satellite. An antenna designed to receive broadcasts relayed from communication satellites. Antenna, Vertical. An antenna and its support structure that is used for the purpose of transmitting and receiving radio signals other than in conjunction with an amateur radio station licensed by the Federal Communications Commission. Antenna, Whip. An antenna and its support structure consisting of a single, slender, rod-like element which is supported only at or near its base. Section 13-313. Antennas. Replace paragraph 1 with the following language: Permitted Accessory Use. The following antennas are permitted as an accessory use in the specified zoning districts and are subject to all applicable regulations and issuance of appropriate permits. a) Satellite receiving antennas in nonresidential zones on sites not contiguous to a residential zone· b) Amateur radio and vertical antennas that do not exceed 30 feet in height in all zones. c) In all zones, amateur radio aniennas that exceed 30 feet in height and comply with Section 13-313(5) Amateur Radio Antennas Development Standards. Conditional Uses. The following antennas may be allowed by a Minor Conditional Use Permit in the specified zoning districts. a) Satellite receiving antennas in residential zones, and in nonresidential zones on sites contiguous to a residential zone. b) Vertical antennas that exceed 30 feet in height, in all zones. 2 Antenna height limitations shall not apply to antennas which do not require building permits nor to satellite antennas. Building permits are not required for antennas that meet all of the following criteria: a) The antenna and its associated support structure are supported primarily by attachment to a building. b) The antenna, including its associated support structure, does not weigh more than 80 pounds. c) The antenna, excluding its associated support structure, does not exceed 4.4 square feet in effective wind loading area. d) Attachment of the antenna and its associated support structure to a building does not require modification or reinforcement of load bearing elements of the building in order to support the antenna and its associated support structure at wind speeds up to 70 miles per hour. 5. Amateur Radio Antennas Development Standards No part of any amateur radio antenna shall exceed 75 feet in height measured from the property's grade. Not more than one amateur radio antenna support structure and one whip antenna structure in excess of 30 feet in height shall be permitted on each building site. No portion of any amateur radio antenna, including the array, shall be located within any front yard or any required side yard. An antenna support structure and its associated antenna may be located in a required rear yard area provided that it is placed as far forward as possible from the rear property line. Antenna support structures mounted on roofs shall be kept to the rear of the centerline of the main structure. De The development standards for amateur radio antennas may be waived or modified by the Zoning Administrator upon approval of an Amateur Radio Antenna Permit described in Section 13-353. Replacement. Replacement of an amateur radio antenna support structure shall be subject to all applicable regulations and issuance of appropriate permits. However, the supported antenna, including the array, may be replaced without issuance of a new building permit, provided the replacement antenna does not exceed the maximum weight, dimensions or wind load area specified in the current building permit. Section 13-353. Satellite Antennae. Delete this section in its entirety and replace with the following: Section 13-353· Amateur Radio Antenna Permit. ADplication. Application for an Amateur Radio Antenna Permit shall be made to the Zoning Administrator on forms provided. Plans and information reasonably needed to analyze the application may be required by the Zoning Administrator. The application shall include a statement of the reasons why strict conformance with the Amateur Radio Antennas Development Standards will unreasonably interfere with the operator's ability to receive or transmit signals or will impose unreasonable costs on the amateur radio operator when viewed in light of the cost of the equipment. Issuance of Permit. The Zoning Administrator may issue an Amateur Radio Antenna Permit if the applicant demonstrates that strict compliance with the Amateur Radio Antennas Development Standards specified in Section 13-313(5) would unreasonably interfere with the operator's ability to receive or transmit signals or impose unreasonable costs en the amateur radio operator when viewed in light of the cost of the equipment. The Zoning Administrator may impose conditions reasonably necessaryto accomplish the purposes of Section 13-313(5), provided those conditions do not unreasonably interfere with the ability of the operator to receive or transmit signals or result in unreasonable costs on the amateur radio operator when viewed in light of the cost of the equipment. Notification. Notice of an application for an Amateur Radio Antenna Permit shall be given to all owners of real property located within 300 feet of the parcel on which the proposed antenna is to be located. Fees. Fees for consideration of Amateur Radio Antenna Permit Applications may be established by resolution of the City Council. 4. Section 13-353.5. NonconformingAmateur Radio Antennas. An amateur radio antenna that is in existence as of the effective date of this Section may continue as a nonconforming development and need not comply with the development standards contained in Section 13-313 provided that a record of its size, location, height and any other information deemed necessary by the Development Services Director is on file with the Planning Division. In order to secure any right under this section, the amateur radio antenna owner must establish this record within six months of the effective date of this Section; the amateur radio antenna owner is responsible for providing the necessary information to the City for inclusion in the record of nonconforming amateur radio antennas. No additions or structural alterations may be made to a nonconforming amateur radio antenna support structure that would increase its nonconformity with the development standards contained in Section 13-313. Replacement of a nonconforming amateur radio antenna support structure shall be subject to the issuance of appropriate permits and the regulations contained in Section 13-313. This requirement does not apply to the antenna which may be replaced without conforming to the provisions of Section 13-313. SECTION 3. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. 5 PASSED AND ADOPTED this ATTEST: Mayor of the CityScaPe Mesa APPROVED AS TO FORM: City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF COSTA MESA ) as. I, EILEEN P. PHINNEY, City Clerk and ex-officio Clerk of the City Council of the City of Costa Mes_a~ hereby certify that the above and foregoing Ordinance No. ~-.9~ was introduced and considered section by s,e_c~on at a reg~a~ meeting of sa~ City Council held on the //~ day of (J6~F~ , 19~_~, and thereafter passed and adopt_e~/~s a who~/~..~,re~g~lar meeti~n~ of said Council held on the ~ day of ~_~ , 19~, by the following roll call vo~e: ~ ~ NOES: COUNCIL MEMBERS: ~ ' ~ ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby~_set my hand ~nd affixed the Seal of the City of Costa Mesa this ~ day of ~, ~?_'~- , ~ity Clerk and ex-_officio Cl~k of the City Council of the ~/ty of Costa Mesa 6 CITY OF TEMECULA FROM: COUNTY PLANNING DEPARTMENT This item should be: ~ Set and noticed for public hearing Placed on agenda as a receive and file item Action taken at your discretion Notice of Public Hearin~ THE CITY OF TEMECULA 43172 Business Park Drive Temecula, California 92390 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the applications(s) described below. The Riverside County Planning Commission has recommended that the proposed project(s) will have no significant environmental effect and has completed negative declaration(s). The CITY COUNCIL will tonsider whether or not to adopt the negative declaration along with the proposed project at this hearing. PLACE OF HEARING: Temecula Community Center 28816 Pu4ol Street Temecula DATE OF HEARING: Tuesday. February 13. 1990 Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the adoption of the negative declaration and/or approval of this project 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 described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. The proposed project application may be viewed at the public information counter, Temecula City Hall, 43172 Business Park Drive, Monday through Friday from 9:00 a.m. until 4:00 p.m. Questions .concerning this project may be addressed to Richard Machoff, County of Riverside Planning Department, (714) 787-1363. CHANGE OF ZONE NO 5385 AND PLOT PLAN NO 11001, is a proposal to change the zone on 13.8± acres from R-3-3000 to R-3-2750. Plot Plan No. 11001 proposes to build on the same property, located North of Rancho California Road and South of Margarita Road, a 220 unit apartment complex. TIME OF HEARING: 7:00 p.m. LOCATIONAL MAP MO~CAL£ 700 MARKET ASSO¢ XXXZZ! C/O $BE DEV 2 CORPORATE PLAZA STE ZOO NEgPORT BEACH~ CA HERKLOTZ PAUL HERKLOTZ JUNE 66450 NANZTOU DR ZNDZAN gELLSt CA H~NTGOHERY ARTHUR ~ONTGOHERY KAREN 30005 GENERAL KEARNEY RD TEHECULA; CA ROBERT LOZS 29863 VZA PUESTA DEL SOL TEHECULA CA 92390 HELLO KENNETH 29958 VZA PUESTA DEL SGL TEH£CULA CA 92390 SAULS STEVEN $AUL$ HARY 42128 PASEO SONR/SA DEL TEHECULA CA 92390 JAHE$ RAYNOND JAMES JAYNE 29947 VZA PUESTA DEL SOL TEHECULA CA 92390 CASE DOUGLAS CASE SHANNA 29953 VZA PUESTA DEL SOL TEHECULA CA 92390 LEON LZNDA 29959 VZA PUESTA DEL SOL TEM~CULA CA 92390 HCDERHOTT BETTY ~CDER~OTT PATRZCK 29965 VZA PUESTA DEL SOL [E~ECULA CA 92390 92660 E 92210 E L 92390 E G J J S L A JANE J J 921310014-3 921370001-T 921370004-0 921411001-3 921432020-5 921432021-6 921433001-1 921433002-2 921433003-3 921433004-4 RONALD NANCY 2997~ VZA PUESTA DEL SOL TE~ECULA CA 92390 D R 921433005-5 GREENOUGH WZLLIAM GREENOUGH KZMBERLY 29934 V~A PUESTA DEL SOL T~M~CULA CA 92390 L E // 9214~100~-6 ~RAUFORD JOHN ~RADFGRD KAREN 29928 V~A PUESTA DEL SOL T£M~CULA CA 92390 K A 9214~1002-T STACKLZE GALE $TACKLZE JANET 29922 VIA PUESTA DEL SOL TEMECULA CA 92390 LEE L ET AL 921~1003-8 TANKERSLEY HAROLD TAHKERSLEY LESLZE 28551 FRONT ST STE /lq TEffi~CULA~ CA HZLES FRANK ~iLE5 KATHRYN 29~20 VIA PUESTA DEL SOL TEHECULA CA 92390 92390 d 921~,1005-0 JANTZ TRUDY LYNN 29904 ¥/A PUESTA DEL SOL TEH~CULA CA 92390 921441006-1 ALLGOOD BEN 29898 VXA PUESTA DEL SOL TEH~CULA CA 92390 LEE /? 9214410OT-2 DELGADO RUDY DEL&ADO GUADALUPE 29892 VZA PUESTA DEL SOL TEMECULA CA 92390 D ¥ /g 9214~100B-3 KENNEDY GEORGE KENNEDY ARLENE 29686 VZA PUESTA DEL $~L TE~ECULA CA 92390 A 921~41009~ PELT JOHN PELT NZLA 29941 ¥]A PUESTA DEL SOL TEMECULA CA 92390 HUNTS DAVZD 29935 VZA PUESTA DEL SOL TEMECULA CA 92390 STRUCH LEONARD STRUCH MARIAN Z9929 ¥IA PUESTA DEL SOL TEHECULA CA 92390 GEORGE ~ILLZAM GEORGE 29923 ¥IA PUESTA DEL SOL TE~ECULA CA 92390 KRAG N KRAG GENEVA 29917 VIA PUESTA DEL SOL TEMECULA CA 92390 PRETEL JOANN Z99~! VIA PUESTA DEL SOL TEMECULA CA 92390 HANONEY ¥ILLZAM HANONEY KATHY 2990~ VZA PUESTA DEL SOL T£~ECULA CA 92390 GELB G GELB GYENDOLINE 29899 VIA PUESTA DEL SOL TEMECULA CA 92390 PERONA HILDA P£RONA CATHERINE 29893 VIA PUESTA DEL SOL TEHECULA CA 92390 HALEM BOX 2194 JEANNE 9Z~*~200~-9 HOWARD ~./ HARTZN PATRZCZA ~ ~ 921442003-1 V ERIK 92144200%-2 P 921442005-3 921,~42006-4 J D 92144,2007-5 F 921442008-6 c ELLIS 921442009-7 WEZNSTEZN BARRY WEZNSTEZN SUSAN 29881 ¥ZA PUESTA DEL SOL TE~ECULA CA 9Z390 TOTAl. LABELS PRZNTED 33. .J J I county PLAnnine; DF.r'A:I;rrl;n; December 19, 1989 Frank Al'~hire, City Manager City of Temecula P. O. BOX 30OO Temecula, CA 92390 SUBJECT: CHANGE OF ZONE NO. 5385 and PLOT PLAN NO. 11001 Request: A zone change from R-3-3000 to R-3-2750 and construction of a 220 unit apartment complex Location: North of Rancho California Road and south of Margarita Road Applicant: David E. Walsh and Company Engineer: J.F. Davidson Associates Planning Commission and Staff Recommend: ADOPTION of a Negative Declaration for Environmental Assessment No. 33522 based on the conclusion that the project will not have a significant effect on the environment; and APPROVAL of CHANGE OF ZONE NO. 5385, based on the findings and conclusions as found in the staff report; and APPROVAL of PLOT PLAN NO. 11011, Exhibit A, Amended No. 3, Road Correction No. 1, subject to conditions, based on the findings and conclusions as found in the staff report. KJJ:lgg 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 46-209 OASIS STREET, ROOM 304 IND!O, CALIFORNIA 92201 (619) 342-8277 RIVERSIDE COUNTY PLANNING DEPARTMENT COUNTY ADMINISTRATIVE CENTER, NINTH FLOOR 4080 LEMON STREET RIVERSIDE, CALIFORNIA 92501-3657 Roger S. Streeter, Planning Director A PUBLIC HEARING has been scheduled before the PLANNING COMMISSION %o consider the application(s) described below. The Planning Deparbnent has tentatively found that the proposed project(s) will have no significant enviro~ental effect and has tentatively completed negative declaration(s). The Planning Commission will consider whether or not to adopt the negative declaration along with the proposed project at this hearing. Place of Hearing: Board Room, 14th Floor, 4080 Lemon Street, Riverside, CA Date of Hearing: WEDNESDAY, DECEMBER 6, 1989 The time of hearing is indicated with each application listed below. Any person may submit written comments to the Planning DepartJnent before the hearing or may appear and be heard in support of or opposition to the adoption of the negative declaration and/or approval of this project 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 described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. The environ~ental finding along with the proposed project application may be viewed at the public information counter Monday through Friday fron 9:00 a.m. until 4:00 p.m. CHANGE OF ZONE 5385 WITH PLOT PLAN NO. 11001, AMD. //3, EA 33522 is an application submitted by David E. Walsh & Co. for property located in the Rancho California Area and First Supervisorial District and generally described as being north of Rancho California Road, south of Margarita Road to amend Ordinance No. 348, Riverside County Land Use Ordinance. Said amenanent would change Zone R-3-3,000 (General Residential with a 3,000 square foot minimum lot size) to R-3-2,500 (General Residential with a 2,500 square foot minim~n lot size) or other such zones as the Planning Commission may find appropriate to Construct a 220 Unit Apar~ent Complex (RW) TIME OF HEARING: 9:30 a.m. { CZ 5385-PP II 001 PROPOSED ZONING I 2 le B R-3-3000 R-3 1:1-2 I_..T Ik. I~l.~C I:ht~.l,I/l$/~t b ~/.I:[K. R-1 (AGENDA ITEM 3-2 - Tape lB) CHANGE OF ZONE 5385 - EA 33522 - David E. Walsh & Co. - Rancho California Area - First Supervisorial District - 13.8± acres, north of Rancho California Rd, south of Margarita Rd - R-3-3,000 to R-3-2,500, etc. with PLOT PLAN NO. 11001, AMD. #3 - PROJECT: Construct a 220 Unit Apartment Complex (RW) Hearing was opened at 10:02 a.m. and was closed at 10:34 a.m. STAFF RECOIIMENDATION: Adoption of the Negative Declaration for EA 33522, approval of Change of Zone 5385 and approval of Plot Plan No. 11001, Amended No. 3, Road Correction No. 1, based on the findings and conclusions listed in the staff report. The applicant proposes to change the zone on 13.8 acres from R-3-3,000 to R-3-2700 and to construct a 220 unit apartment complex. The site is located north of Rancho California Road and south of Margarita Road within the newly incorporated City of Temecula. The site is currently vacant. Surrounding land uses include an apartment complex, single family homes and vacant land. Surrounding zoning is R-3-4000, A-2-20, R-3, R-3-2500, R-3-3000, R-1 and R-1-10,000. The Southwest Area Community Plan designates the site as 8-16 dwelling units to the acre. The proposed zoning and density are, therefore, consistent with the Southwest Plan. The site was found to be within the Stephens Kangaroo Rat Habitat, and the project has been conditioned to mitigate that concern as well as other concerns identified in the environmental assessment. Staff amended Conclusion Ho. 2 by deleting the words "tentatively approved." Mr. Vickers advised that as this item appears to be within the City of Temecula, that the Planning Commission will be acting as the Commission for the city on this matter. County Counsel will not be available. Staff explained that the conditions of approval will mitigate the Stephens Kangaroo Rat issue and that a small portion of the site is located within the habitat. Commissioner Donahoe asked if the City of Temecula approved the Habitat Conservation Plan. ~lr. Richards said that they should apply that condition, then it would be up to the City Council to resolved that situation. In answer to Commissioner Turner, Ms. Johnson advised that the proposed change of zone would allow the applicant a higher density. Commissioner Turner asked if this project had a private access. Hr. Johnson, Road Department, advised that the the cul-de-sac would be public. If the main entrance is gated, then certain requirements will have to be met. He explained that adequate stacking was needed so that at the peak hours of the day stacking does not occur within the public road way. Ms. Johnson pointed out that there is an exhibit showing the location of the Stephens Kangaroo Rat Habitat (Exhibit D) in the staff report package. Also, staff pointed out that, as this site is within the City of Temecula, additional findings will need to be drafted concerning their lack of General Plan. They need to indicate that the Planning Agency finds that approving projects and taking other actions including the issuance of building permits pursuant to the timing of each of the following: (1) 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. (2) There is little or no probability that a substantial detriment or interference with the future adopted General Plan if the proposed use or action is ultimately inconsistent with the Plan. (3) The proposed use or action complies with all other applicable requirements, State lav~s and Ordinances. TESTIMONY OF PROPONENT: Roger Owen (J. F. Davidson Assoc., Temecula) said that he was confident that the City of Temecula will adopt the Southwest Area Community Plan, although they have not yet done so. Regarding the Road Department's discussion concerning secondary access to the site, he said that the project is a cooperative effort between his client and the adjacent property owner. They propose two alternates. In lieu of a joint access between these two properties, they propose a right of way dedication and cul-de-sac (Alternate A). Their desired Alternate is B, which is to create a secondary access, with the cooperation of the adjacent property owner, and a private easement access to Margarita Road. ~qr. Owen said that one of the Flood Control conditions was that they accept flows and direct them towards an approved outlet. He said that there currently exists an earthen channel. They have been contacted by two adjacent property owners and agreed to work with them to move and construct an adequate flood control facility in the public right of way in order to resolve the flooding problems. They would be connecting to a facility designed and constructed by an adjacent property owner, creating a final solution to the flooding problems in the area. Commissioner Beadling asked about the renderings regarding the placement of the stairways. Gary DuBois, Walsh Holding Company, said depending on where the buildings are located on the site, the stairway locations would be shifted back and forth. Commissioner Beadling was concerned that the stairs would go past windows, and Mr. DuBois said that the stairs are not immediately adjacent to windows, but would be away from the buildings. Commissioner Beadling said that she was looking at the plans regarding Building "C," and Mr. DuBois explained that the stairs were about 4 to 5 feet away from the entry. Commissioner Beadling suggested right angles at some places, and llr. DuBois said that they would take another look at that. No one else wished to speak on the matter. Mr. Owen asked that the Road Department letter be revised to include their Alternate B as an acceptable solution, as well as Alternate A (item 2 of the Road Department letter). llr. Johnson said that they worked with the developer on both projects and have found them cooperative. He believed that what actually happened was that they failed to make contact at the last minute when the conditions were written. He would have no problem adding "or as approved by the Road Commissioner." after the words "standard cul-de-sac," which would mean Alternate B. He said that they need to get signed documents from the two owners to make Alternate B work, as the Road Department is not opposed to that proposal. The public dedication makes Alternate A work without those agreements. Gary )lartin, representing the owner of the adjacent parcel, said that they invested in a tract map which has an opening onto Margarita Road. The Alternate A proposed would not give them a secondary access, and they were told by the Fire Department that a secondary access was needed. They requested that Alternate B be the recommended access. Hr. Johnson said that the Road Department has no problem with Alternate B, except that certain things have to happen, such as signed agreements. If they wish, although unusual, they v~ould accept adding "or in accordance with Alternate B." to item 2. In answer to Commissioner Turner, Mr. Johnson said that if they put the word "or" in, they will get either the 60 foot public cul-de-sac or Alternate B. He did not know if the Fire Department had a map with Alternate B in it, as that alternate is in a Road Correction map. Mr. Owen advised that the Fire Department does have that alternate. ~r. Johnson asked if the Alternate B appeared on any of the amended maps sent to other departments. Hr. Owen said that they revised the site plan and submitted the required number of copies. They also discussed the options with the Fire Department. ~r. Johnson suggested that they state that they get the right of way, or that the developer provide sufficient documents for private secondary access with the adjacent property owner, or words to that effect. ~lr. Owen said that everyone wants Alternate B and that they will provide the necessary easements and documentation. The hearing was closed at 10:34 a.m. FINDINGS AND CONCLUSIONS: Plot Plan No. 11001 is a proposal to construct a 220 unit apartment complex on 13.8 acres; Change of Zone 5385 is a proposal to change the zone on 13.8 acres from R-3-3000 to R-3-2750; surrounding zoning is R-3-2500, R-3-3000, R-3-4000, R-3, R-l, and R-1-10,000; surrounding land uses include single family homes, an apartment complex and vacant land; the project site lies within the Southwest Territory Land Use Planning Area and within the Rancho California/Temecula Subarea; the project site is designated 8-16 dwelling units per acre in the Southwest Area Community Plan; the project site lies within the boundaries of the newly incorporated City of Temecula; 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; there is little or no probability that a substantial detriment 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 complies with all other applicable requirements, State laws and Ordinances; and, all environmental concerns can be mitigated through the conditions of approval. Change of Zone No. 5385 and Plot Plan No. 11001 are consistent with the current Southwest Territory land use policies and therefore with the Comprehensive General Plan; are consistent with the Southwest Area Community Plan; are compatible with area development; and, environmental concerns can be mitigated through conditions of approval. MOTION: Upon motion by Commissioner Turner, seconded by Commissioner Beadling, and unanimously carried, the Commission recommended to the City of Temecula adoption of the Negative Declaration for EA 33522, approval of Change of Zone 5385, per Exhibit 2, and approval of Plot Plan No. 11001, Amended No. 3, Road Correction No. 1, subject to the conditions of approval as amended this date and based on the above amended findings and conclusions. ROLL CALL VOTE RESULTED AS FOLLOWS: AYES: Commissioners Turner, Donahoe, Beadling, Wolf and Smith NOES: None ABSENT: None Zoning Area: Rancho California Supervisorial District: First E.A. Number: 33522 Regional Team No. One CHANGE OF ZONE NO. 5385 PLOT PLAN NO. 11001 AI~ENDED NO. 3, PLANNING CORRECTION NO. 1 Planning Con~ission: 12-6-89 Agenda Item No. 3-2 RIVERSIDE COUNTY PLANNING DEPARTMENT STAFF REPORT 1. Applicant: 2. Engineer/Rep: 3. Type of Request: 4. Location: 5. Existing Zoning: 6. Surrounding Zoning: 7. Site Characteristics: 8. Area Characteristics: David E. Walsh and Company J.F. Davidson Change of Zone from R-3-3000 to R-3-2750 and construct a 220 unit apartment complex North of Rancho California Road and south of Margarita Road R-3-3000 R-3-4000, A-2-20, R-3, R-3-2500, R-3-3000, R-1 and R-1-10,000 Vacant field Single family homes, apartments and vacant fields 9. Comprehensive General Plan Designation: Land Use: Category I Open Space/Cons: Not Designated 10. Land Division Data: Total Acreage: 13.80 Total Units: 220 Du Per Acre: 15.94 11. Agency Recommendations: See Letters Dated: PP 11001 CZ 5385 Road: 8-14-89 2-15-89 Health: 7-20-89 2-21-89 Flood: 7-29-89 2-22-89 Fire: 7-26-89 2-21-89 Bldg. & Safety: Land Use: 8-4-89 Grading: 3-23-89 12. Letters: Opposing/Supporting: None Received ANALYSIS: Project Description: Change of Zone No. 5385 is a proposal to change the zone on 13.8 acres from R-3-3000 to R-3-2750. Plot Plan No. 11001 proposes to build on the same property a 220 unit apartment complex. CHANGE OF ZONE NO. 5385 PLOT PLAN NO. 11001, Exh. A, Amended No. 3 Staff Report Page 2 The project site is currently vacant. Surrounding land uses include single family homes, an apartment complex, and vacant land. Project Consistency/Compatibility: The project as of December 1, 1989 is located on the newly incorporated city of Temecula. The project site lies within the Rancho California/Temecula subarea of the Southwest Territories Land Use Planning Area. Land uses within this area should generally be Category I and Category II land uses, with the outer portions generally Category III. The proposed project has a density of 15.94 dwelling units per acre, which is defined as a Category I level of use. Category I land uses require a full range of public services. All necessary public services are available for this project. The proposed project is considered consistent with the Rancho California/Temecula land use policies. The project site also lies within the tentatively approved Southwest Area Community Plan. The SWAP designation for this site is 8-16 dwelling units per acre. The proposed R-3-2750 zoning and the proposed 220 unit apartment complex with a density of 15.94 is consistent with the SWAP designation of 8-16 dwelling units per acre. The project site is in an area that has been designated for high density uses. Adjacent properties to the east and south are zoned R-3-2500 and R-3. A 344 unit apartment complex has been built adjacent to the proposed project to the south. The proposed project is compatible with the adjacent existing apartment complex and compatible with the existing zoning. Therefore, the project has been found to be compatible with area development. Environmental Analysis: An initial study for Environmental Assessment No. 33522 was done for the project. The environmental Assessment identified the following concerns: Stephens Kangaroo Rat habitat, slopes, highway noise, potential archaeological resources, paleontological resources, circulation, and schools. Biological Report No. 350 was prepared for the project site. This report identified Stephens' Kangaroo Rat habitat on the project site. Conditions have been drafted and approved by County Counsel for cases where Stephens' Kangaroo Rat habitat has been identified in areas outside established SKR study areas. The conditions of approval for this case include the applicable SKR conditions. These SKR conditions require a habitat conservation plan be established prior to the issuance of building or grading permits, and that the project comply with the provisions of this habitat conservation plan. Exhibit D identifies that area of the proposed project which has Stephens Kangaroo Rat habitat. The project proposed significant cut and fill slopes. This concern can be dealt with through the recommendations outlined in the County Geologist's CHANGE OF ZONE NO. 5385 PLOT PLAN NO. 11001, Exh. A, Amended No. 3 Staff Report Page 3 letter. Noise generated from Margarita Road was identified. A noise study was prepared for the project. This concern can be dealt with through recommendations outlined in the County Health Department, Division of Special Services letter. All other environmental concerns will be mitigated through the conditions of approval. FINDINGS: 1. Plot Plan No. 11001 is a proposal to construct a 220 unit apartment complex on 13.8 acres. 2. Change of Zone No. 5385 is a proposal to change the zone on 13.8 acres from R-3-3000 to R-3-2750. 3. Surrounding zoning is R-3-2500, R-3-3000, R-3-4000, R-3, R-l, R-1-10,000. 4. The property in question is currently vacant. 5. Surrounding land uses include single family homes, an apartment complex, and vacant land. 6. The project site lies within the Southwest Territory Land Use Planning Area and within the Rancho California/Temecula subarea. 7. The project site is designated 8-16 dwelling units per acre in the Southwest Area Community Plan. 8. The project site lies within the boundaries of the newly incorporated city of Temecula. 9. All environmental concerns can be mitigated through the conditions of approval. CONCLUSIONS: Change of Zone No. 5385 and Plot Plan No. 1101 are consistent with the current Southwest Territory land use policies and therefore with the Comprehensive General Plan. 2. Change of Zone No. 5385 and Plot Plan No. 11001 are consistent with the tentatively approved Southwest Area Community Plan. 3. Change of Zone No. 5385 and Plot Plan No. 11001 compatible with area development. CHANGE OF ZONE NO. 5385 PLOT PLAN NO. 11001, Exho A~ended No. 3 Staff Report Page 4 4. The environmental concerns can be mitigated through the conditions of approval. RECOI~,ENDATIONS: ADOPTION of a Negative Declaration for Environmental Assessment No. 33522 based on the conclusion that the project will not have a significant effect on the environment; and, APPROVAL of CHAJ~GE OF ZONE NO. 5385, based on the findings and conclusions as found in the staff report; and, APPROVAL of PLOT PLA~I NO. 11001, EXHIBIT A, AI~ENDED NO. 3, ROAD CORRECTION NO. 1, subject to conditions, based on the findings and conclusions as found in the staff report. RW:bc 11/28/89 RiVEPSI*DE COUKTY PLANNING DEPART#ENT CONDIT~O#S OF APPROVAL David E. Walsh & Company 11777 Bernardo Plaza Ct. San Diego, CA 92128 Ste. 207 PLOT PLAN NO. 11001, Exh. A, Amd. #3 Project Description: Construct a 220 unit apartment complex Assessor's Parcel No.: 921-370-002, 003 Area: Rancho California e ® e The use hereby permitted by this plot plan is for a 220 unit apartment complex. The permittee shall defend, indemnify, and hold harmless the County of Riverside, its agents, officers, and employees from any claim, action, or proceeding against the County of Riverside or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the County of Riverside, its advisory agencies, appeal boards, or legislative body concerning PP 11001, Exhibit A, Amended No. 3. The County of Riverside will promptly notify the permittee 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 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 County of Riverside. This approval shall be used within two (2) years of approval date; otherwise it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The development of the premises shall conform substantially with that as shown on plot plan marked Exhibit A, Amd. #3, or as amended by these conditions. In the event the use hereby permitted ceases operation for a period of one (1) year or more, this approval shall become null and void. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way, and shall comply with Ordinance No. 655. The applicant shall comply with the street improvement recommendations outlined in the County Road Department transmittal dated 8-14-89, a copy of which is attached. PLOT PLAN NO. 11001, Exh. A Amended No. 3 Conditions of Approval Page 2 10. 11. 12. 13. 14. 15. 16. 17. 18. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department transmittal dated 7-20-89, a copy of which is attached. Flood protection shall be provided in accordance with the Riverside County Flood Control District transmittal dated 7-29-89, a copy of which is attached. Fire protection shall be provided in accordance with the appropriate section of Ordinance 546 and the County Fire Warden's transmittal dated 7-26-89, a copy of which is attached. The applicant shall comply with the Department of Building and Safety Land 8-4-89, a copy of which is attached. recommendations set forth in the Use Section transmittal dated The applicant shall comply with Department of Building and Safety 4-13-89, a copy of which is attached. the recommendations set forth in the Grading Section transmittal dated I The applicant shall comply with the recommendations set forth in the Riverside County Geologist's transmittal dated 8-18-89, a copy of which is attached. The applicant shall comply with the recommendations set forth in the County Riverside Health Department, Division of Special Services transmittal dated 9-22-89, a copy of which is attached. The applicant shall comply with the recommendation set forth in the Elsinore Union High School District transmittal dated 2-16-89, a copy of which is attached. 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. Prior to the issuance of grading or building permits, the applicant shall submit an 18.12 parking, landscaping and irrigation plot plan to the Planning Department and shall be accompanied by a filing fee as set forth in Section 18.37 of Ordinance 348. A minimum of five hundred and twenty-nine (529) parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 348. Five hundred and twenty-nine (529) parking spaces shall be provided PLOT PLAN #0. 11001, Exh. A Amended No. 3 Conditions of Approval Page 3 19. 20. 21. as shown on the Approved Exhibit A, Plot Plan 11001, Amd. #3. The parking area shall be surfaced with (asphaltic concrete paving to a minimum depth of 3 inches on 4 inches of Class II base.) (decomposed granite compacted to a minimum thickness of three (3) inches treated with not less than ½ gallon per square yard of penetration coat oil, followed within six months by an application of W gallon per square yard of seal coat oil. A minimum of sixteen {16} handicapped parking spaces shall be provided as shown on Exhibit A, Plot Plan 11001, Amd. #3. 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 of 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 in size with lettering not less than 1 inch in height, which clearly and conspicuously states 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 telephoning ." 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 a building permit, the applicant shall obtain clearance and/or permits from the following agencies: Road Department Environmental Health Riverside County Flood Control Fire Department Written evidence of compliance shall be presented to the Land Use Division of the Department of Building and Safety. Prior to the issuance of building permits the following additional and/or revised plans shall be submitted for Planning Department approval: Signing Program Landscaping, Irrigation and Shading Plans Lighting Plan PLOT PLAN NO. 11001, Exh. A Amended No. 3 Conditions of Approval Page 4 22. 23. 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 B (Materials Board). These are as follows: Material Color Roofing Material Windows and Doors Exposed Timber Trellis Stain/Deck Railings & Perimeter Fencing Exterior Wall and Roof Fasia Column caps of Balcon- ies and &Permiter Fence Mission Sunrise #108 by "Lifetile" Residential Series by "Windowmaster Products" SC-65 Stain by "Pittsburg Paint" 4004 Exterior acrylic by "Pittsburg Paint" X-97 By LaHabra Stucco By Davidson Brick Co. Traditional Espana Dusty Blue Shagbark Hickory Catus Pacific Sand Ross Tan 24. 25. 26. 27. 28. 29. Roof-mounted equipment shall be shielded from ground view. Screening material shall be subject to Planning Department approval. Prior to the final building inspection approval by the Building and Safety department, a six foot high decorative block wall or combination landscaped earthen berm and decorative block wall shall be constructed along the entire perimeter of the project. The required wall and/or berm shall be subject to the approval of the Director of the Department of Building and Safety and the Planning Director. Twelve (12) trash enclosures which are adequate to enclose a total of two (2) bins shall be centrally located within the project, and 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 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 and the Riverside County Comprehensive General Plan. Prior to issuance of building permits, performance securities, in amounts to be determined by the Director of Building and Safety to guarantee the PLOT PLAN NO. 11001, Exh. A Amended No. 3 Conditions of Approval Page 5 30. 31. 32. 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 Director of Building and Safety. Prior to 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. All utilities, except electrical lines rated 33kV or greater, shall be installed underground. Prior to issuance of grading permits a Paleontological Study shall be performed and submitted to the Planning Department for approval. If the potential for paleontological resources are identified 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. 33. Prior to the issuance of grading or building permit: 34. The Secretary of the Interior must have approved the Stephens' Kangaroo Rat Habitat Conservation Plan and any proposed taking of the SKR must be in compliance with the approved plan: The Secretary of the Interior must have issued to the County, the Section 10(a) Permit required by the Engangered Species Act of 1973 and said Permit must be in effect; and A report, prepared by a biologist permitted by the U.S. Fish and Wildlife Service to trap the Stephens' Kangaroo Rat for scientific purposes, documenting the amount and quality of occupied Stephens Kangaroo Rat Habitat subject to disturbance or destruction must have been submitted to and approved by the Planning Director. Prior to the issuance of a grading or building permit, the applicant shall comply with the provision of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superceded 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. PLOT PLAN NO. 11001, Exh. A Amended No. 3 ~ondtttons of Approval Page 6 RW: bc 11/28/89 'i:{-3-3000 PROPOSED ZONING E. i~SH 110 R-3-2750 ~ C&L IIF(~NIA Ai,.~.~aor's Bk. ~21 ~c.~6 T.7 S.R. ~,/ R-2 Sup,Dist. I ~.$? 121 --RI' · CZ 4980 ~ R-3 MTERIt~L-ltO' IMtTEIt 1~, L- t IO' &OCATIONAL MAP ~AfllAl~ ! TA RIVERSIDE CO~INTY PLANNI~ DEPARTMENT U Illtl ' II'ii ~ ~CIMLA []EL SOL IHdHiB "r' r'r T'rr [ RESIDENTIAL ,,,,.'_ ~.~--'~ I<,.. TEMECULA MIDDLE SCHOOL VAC. APARTMENTS CZ4777~ COMMERCIAL , atom::. ~% ~c~° LAND USE J 1 VAC. · CZ4500 VAC. VAC. · CZ4980 It VAC.~ ~ORRALS ~ mm~ --~zA HILLY , "~ LOCATIOWAL MAP App.. OAVID E. WALSH Use R-$-$OOO TO R-3-2750 Area RANCHO C&LIFORNIA Sup.Dist. I ~_ . Sec.$6 T.?SJ=L Ck'cu~t~rt.RMICHO CALIF. RD. ARTERIAL'110' 4~' R~~ J I · b · -- R:¥ r:R. :Dr: councu. PLAnninG DEPA:IClilEnC DATE: February 1, 1989 TO: Assessor Butlding and Safety Surveyor - Dave Duda i~oad Oepartment Health - Ralph Luchs Ft re Protection Flood Control Otstrict Fish & Game U.S. Postal Service- Ruth E. Oavtdson U.S. Fish & Wildlife Services Ca1 Trans. Dist. #8 Rancho Calif. Water Southern Calif. Edison Southern Calif. Gas Co. General Telephone Temecula Union School Dist. Elsinore Union School Dist.' Commissioner Jack Bresson Easte~rd!. Municipal Water Dist. C.J ? .~lV~ti'~'lOx UL,'~ . CHANGE OF ZONE 5385 - (Tm-1) - E.A. 33522 - David E. Walsh & Co - J. F. Davidson Assoc. Inc - Rancho Calif Area - First Supervisorial District - N. of Rancho Calif. Rd. So of Margarita Rd - R-3-3000 Zone - 13.B Acres into 2 Lots - Schedule N/A - No Waiver - CONCURRENTLY PLOT PLAN 11011- REQUEST Change Zone from R-3-3000 to R-3-2500 - Mod 119 - A.P. 921-370-002,003 Please review the case described above, along with the attached case map. A Land Otvision Committee meeting has been tentatively scheduled for February 23, 1989. If it clears, it will then go to public hearing. Your coements and recommendations are requested prior to February 23, 1989 in order that we may include them in the staff report for this particular case. Should you have any questions regarding this item, please do not hesitate to contact Oavtd Wahlgren at 787-1363. Planner DATE: PLEASEprint name and title 4080 LEMON STREET, gTH FLOOH RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 46-209 L)A$1$ S! HEET, ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 C unty of Rivers.de TO: RIVERSIDE COUNTY PLANNING DEPT. ATTN: DAVID WAHL~GREN F/tOM: STEVE HINDE, Et~S SPECIALIST III Rig: CHANGE OF ZONE NO. 5385 DATE: FEBRUARY 21, 1989 The Environmental Health Services has reviewed this change of zone case and has no objections.. Soils testing and approval from the appropriate California Regional Water Quality Control Board may be required prior to approval of any construction permits. SH:cr GEN. FORM 4, (Rev. 8/87) KENNETH L. EDWARDS 1eBB MARKE'TITREET P.O. BOX 1033 TEA.[PHONE (714) 787-2015 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Riverside County RIVERSIDE. CALIFORNIA g2502 Planning Department County Administrative Center Riverside, California Attention: Regional Team No. Are a: ~ ~ / We have reviewed 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, a 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 for 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 is in the Area drainage plan fees shall be paid in accordance with the applicable riles and regulations. The proposed zoning is consistent with existing flood hazards. Some flood control facilities or floodproofing may be required to fully develop to the implied density. The District's report dated is still current for this project. The District does not object to the proposed minor change. The attached comments apply. Very truly yours, KENNETH L. EDWARDS (Senior Civil Engineer cc: DATE: FL~ ~ If ~Q COl Jill.u DAIt: January 31, 1989 TO: Assessor Building and Safety Surveyor - Dave Duda Road Department rHea|Lb - Ralph Lu, chs Fire Protection Flood Control District F i sh & Game U.S. Postal Service - Ruth E. Davidson U.S. Fish & Wildlife Services Commissioner Jack Bresson C.J. Ct'otinqer Ranchu Water I)ist So £alif [dison So [alif Gas General leIephone CAL TRANS ~8 lemecula Union School L]sinore Union School [astern MunJcip81 Hater Dist. UCR-ARU PLOT PLAN 11001/CHANGE OF ZONE 5385 - (Tm-i) - E.A. 33522 - David E. Walsh & Co. - J. F. Davidson Assoc, Inc. - Rancho' California Area - First Supervisori~! District - N. of Rancho Calif Rd, S ~ Margarita Rd - R-3-3000 Zone -13.8 Acres into 2 Lots - Schedule N/A - No Waiver - CZ R-3-3000 to R-3-2500 - (CONCURRENT WITH CZ 5385) - REQUEST Construct 240 Unit Apt. Complex - Mud 119 - A.P. 921-370-002,003 Please review the case described above, along with the attached case map. A Land Division Committee meeting has.been tentatively scheduled for February 23, 1989. If it clears, it will then go to public hearing. Your comments and recommendations are requested prior to February 23, 1989 in order that we may include them in the staff report for this particular case. Should you have any questions regarding this item, please do not hesitate to contact David Wahlgren at /87-1363. Planner ~'~"': ......~ ~-,~,?,~' COMMENTS: ~' "':~"~"~""f The Riverside County Fire Depart~e~'i~"~"I~")C!':~2~)p!~ h~s no comment or conditions. ~B ~ ~B~ 2-21-89 Kurt Mantwell, Fire Safety Specialist 4080 LEMON STREET. 9'" FLOOR RIVERSIDE, CALIFORNIA 92501 {714) 787-6181 46-209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 i819) 342-8277 OFFICE OF ROAD COMMISSIONER & COUNTY SURVEYOR [zRoy D. Smoot ROAD (3)MMISSIONF..R & COUNTY SURVEYOR December 6, 1989 COUNTY ADMINLTTRA'f'IV[ CINTTR MAILING ADO PJ.5S: P.O. BOX 1090 RP,,'LRSID£. CAL~ORN~ 92,502 (714) 787-6554 Riverside County Planning Commission 4080 Lemon Street Riverside, CA 92501 (Apartment Complex) RE: Plot Plan 11001 - Amend #3 Road Correction #1 Team 1 - SMD #9 Lot 27 of TR 3334 AP #111-111-111-9 *As amended by P.C. 12-6-89 Ladies and Gentlemen: With respect referenced item, recommendations: to the conditions of the Road Department approval for the above has the following Prior to issuance of a building permit or any use allowed by this permit, the applicant shall complete the following conditions at no cost to any government agency: Sufficient right of way along Margarita Road shall be conveyed for public use to provide for a 55 foot half width right of way. *2. e Sufficient right of way along the secondary entry (northeasterly driveway) shall be conveyed for public use to provide for a 60 foot full width right of way terminating in a standard cul-de-sac or should the proponent provide documents for a private shared secondary access with adjacent landowner, the alternate "B" as described on Road Correction Map dated 8-11-89 shall be approvedby the Road Department. Prior to issuance of a building permit or any use allowed by this permit, the developer shall deposit with the Riverside County Road Department the sum of $30,800.00 towards mitigating traffic impacts for signal require- ments. This amount represents 220 units x $140.00 per unit = $30,800.00. *As amended at P.C. 12-6-89 COUNTY ADM1NISTRATIV~ CENTER ,, 4080 LEMON STREET · RIVERSIDE, CALD'ORNIA 92501 Plot Plan 11001 - Amend #3 - Road Correction #1 A~§u~-½4~-½gB9 December 6, 1989 · Page 2 Prior to occupancy or any use allowed applicant shall construct the following government agency: by this permit, the at no cost to any Margarita Road shall be improved with concrete curb and gutter located 43 feet from centerline and match up asphalt concrete paving; reconstruction; or resurfacing of existing paving as determined by the Road Commissioner within a 55 foot half width dedicated right of way in accordance with County Standard No. 100. Asphalt emulsion (fog seal) shall be applied not less than fourteen days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section 37, 39 and 94 of the State Standard Specifications. The landdivider will provide a left turn lane on Margarita Road at the intersection with the primary entry as approved by the Road Department. Six foot wide concrete sidewalks shall be constructed along Margarita Road in accordance with County Standard No. 400 and 401 (curb sidewalk). Be Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Riverside County Road Commissioner. Completion of road improvements does not imply acceptance for main- tenance by County. Major drainage is involved on this project and its resolution shall be as approved by the Road Commissioner. 10. Drainage control shall be as per Ordinance 460, Section 11.1. ll. All work done within County right of way shall have an encroachment permit. 12. All driveways shall County Standards improvement plans. conform to and shall the applicable Riverside be shown on the street 13. All entrance driveways shall be channelized with concrete curb and gutter to prevent "back-on" parking and interior drives from entering/exiting driveways for a minimum distance of 50 feet measured from face of curb. Plot Plan 11001 - Amend #3 - Road Correction #1 A,§~-½4~-½gSg- December 6, 1989 · Page 3 14. 15. 16. 17. 18. 19. 20. 21. When blockwalls are required to be constructed on top of slope, a debris retention wall shall be constructed at the street right of way line to prevent silting of sidewalks as approved by the Road Commissioner. Projects creating cut or fill slopes adjacent to the streets shall provide erosion control, sight distance control and slope easements as approved by the Road Department. The street design and improvement concept of this project shall be coordinated with P/P 771-G, P/P 882-00, P.P. 8328, MB 159/15-21, MB 54/25-30 and any related improvement plans. Street lighting shall be required in accordance with Ordinance 460 and 461. The County Service Area (CSA) Administrator determines whether this proposal qualifies under an existing assessment district or not. If not, the land owner shall file, after receiving tentative approval, for an application with LAFC0 for annexation into or creation of a "Lighting Assessment District" in accordance with Governmental Code Section 56000. All private and public entrances and/or intersections opposite this project shall be coordinated with this project and shown on the street improvement plans. A striping plan is required for Margarita Road. The removal of the existing striping shall be the responsibility of applicant. Traffic signing and striping shall be done by County forces with all incurred costs borne by the applicant. Should this project lie within any assessment/benefit district, the applicant shall prior to recordation make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are deferred to building permit. The entry gate facilities shall provide for adequate stacking based on a P.M. peak hour. The applicant shall submit a detailed proposal based upon a registered engineer's findings for Road Department approval. Said plans may be incorporated with the street improvement plans. Plot Plan 11001 - Amend #3 - Road Correction #1 Augbst 14, 1989 December 6, 1989 · Page 4 22. LJ: jw The secondary entry will be coordinated with TR 23211 and will be as approved by the Road Commissioner. Very truly~ yo_urs, t--~fech~ical Eng. Unit Supervisor County of Riverside FROM: RE: RIVERSIDE COUNTY PLANNING DEPT. July 20, 1989 DATE: AT~ Ra~Wilsqp _ SAM MARTINEZ, ENVIRONMENTAL HEALTH SPECIALIST IV PLOT PLAN 11001, AMENDED NO. 3 Environmental Health Services has reviewed Amended No. 3 dated July 18, 1989 . Our current comments will remain as stated in our memo dated February 14, 1989. SM:£ac GEN. FORM 4, (Rev. 8/87) Ct _nty of Rivex ]de DEPARTMENT OF HEALTH RIVERSIDE COUNTY PLANNING DEPT. ATTN: DAVID WAHLGREN FBBM: STEVE HINDE, EHS SPECIALIST III BATE: FEBRUARY 14, 1989 PLOT PLAN 11001 The Environmental Health Services has reviewed Plot Plan 11001 and has no objections. Sanitary sewer and water services are available in this area. Prior to any building plan submittals, the following items will be required: 1. "Will-serve" letters from the water and sewering agencies. Three complete sets of plans for the swimming pool/spa will be submitted, in order to ensure compliance with the California Administrative Code, California Health and Safety Code and the Uniform Building Code. SH:cr I PLANNING DEPART;'; KI~NNE'TH L. EDWARDS C:HIEF ENGINEER IIBIB MARKET ITRE;£T P.O. Ilic:X 1033 TIlEPHONE (714) 787-2015 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RIVERIll)E, C:AI. IFORNIA ~'2502 Riverside County P1 ann1 ng Department County Administrative Center Riverside, California Attention: Regional Team No. / P1 anner /~/4/v',~Y' ~' /~~ Area: Re: We have reviewed 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, a 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 for 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 is in the Area drainage plan fees shall be paid in accordance with the applicable r~les and regulations. The proposed zoning is consistent with existing flood hazards. Some flood control facilities or floodproofing may be required to fully develop to the impl led density. The District's report dated ,~- ~'-~is still current for this project. The District does not object to the proposed minor change. This project is a part of free of ordinary storm flood hazard when improvements i~avJhbeeenproject will be constructed in accordance with approved plans. The attached comments apply. V~~iNorY ~ruly your%, H. KASHUBA r Civil Engineer DATE: -.~y~yy.~y~ ~/'f,~ KENNETH L. EDWARDS IIgB MARKET STR££T Ie. O. BOX ! 033 TE.i. EPNONE (714) 787-20~5 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RIVERSIDE, CALIFORNIA S21102 March 6, 1989 Riverside County Planning Department County Administrative Center Riverside, California 92501 MAR 1 3 1989 RIVERSIDE COUNTY PLANNIlqG DEPARTMENT Attention: Regional Team No. 1 David Wahlgren Ladies and Gentlemen: Re: Plot Plan 11001 This is a proposal to construct an apartment complex in the Temecula area. The site is along the south side of Margarita Road about 800 feet east of Moraga Road. The topography of the area consists of a well defined ridge and a natural watercourse with a drainage area of over 100 acres which traverse the north portion of this property. The applicant pro- poses to use a storm drain to collect and convey the flows in the above natural watercourse to the site's northwest corner. The storm drain design should be compatible with the downstream facilities. The south portion of the property is located on high ground. The onsite flows from this portion of the property would be concentrated to the site's south corner with parking lots. An easement for the outletting of this concentration should be ob- tained from the affected property owner. The Board of Supervisors has adopted the Murrieta Creek/Temecula Valley Area Drainage Plan for the purpose of collecting drainage fees. Those fees are used to construct needed flood control facilities within the particular area. The Area Drainage Plan fees apply to new land divisions and are normally not required of other types of new development. Virtually all new development causes increased storm runoff. These increases are particularly troublesome in those watersheds where an Area Drainage Plan has been adopted. In order to miti- gate the downstream impacts brought about by increased runoff, the District recommends that Conditional Use Cases, Plot Plans and Public Use Cases be required to pay a flood mitigation charge. Mitigation charges, where appropriate, will be similar to the current Area Drainage Plan fee rate. Riverside County Planning Department Re: Plot Plan 11001 - 2 - March 6, 1989 Following are the District's recommendations: 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 new development in this case includes a total of 13.8 acres. At the current fee rate of $932 per acre, the mitigation charge equals $12,862.00. The charge is payable to the Flood Control District prior to issuance of permits. If Area Drainage Plan fees or mitigation charges have al- ready been paid on this property in conjunction with an earlier land division or land use case, the developer should contact the District to ascertain what charges are actually due. The 100 year offsite tributary flows should be accepted and safely conveyed to an adequate outlet. The storm drain design should be compatible with the downstream facilities. Emergency escape should also be provided. Offsite drainage facilities should be located within publicly dedicated drainage easements obtained from the affected property owners. The documents should be re- corded and a copy submitted to the District prior to the issuance of permits. Onsite drainage facilities located outside of road right of way should be contained within drainage easements. Drainage easements shall be kept free of buildings and obstructions. Drainage facilities outletting sump conditions should be designed to convey the tributary 100 year storm flows. Additional emergency escape should also be provided. The properry's street and lot grading should be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions, otherwise, a drainage easement should be obtained from the affected property owners for the release of concentrated or di- verted storm flows. A copy of the recorded drainage easement should be submitted to the District for review prior to the issuance of permits. Riverside County Planning Department Re: Plot Plan 11001 - 3 - March 6, 1989 A copy of the improvement plans and grading plans along with supporting hydrologic and hydraulic calculations should be submitted to the District for review and ap- proval prior to the issuance of grading or building permits. cc: J. F. Davidson and Associates Very truly yours, KENN,ETH L. EDWARDS %uie~ Engineer~ enio ' ' g' eer RC:seb RIVERSIDE COUNTY fIP, E DEPARTHENT IN COOPERATION W~H THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION GLEN J. NEWMAN Plannins & F. nslnetrins 0~ 46209 Oas~s Street, Suite 4O5 !ndio, CA 92201 (619) ~42-8886 7-26-89 Planning & Ensineerins Of~ce 4080 !~.,.on Street, Suite 11L Rivasick, CA 92501 (714) 787-6606 TO: PLANNING DEPARTMENT ATTN: DAVID WAHLGREN RE: PLOT PLAN 11001 - AMENDED #3 With respect to the conditions of approval regarding the above referenced plot plan, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: 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. Provide or show there exists a water system capable of delivering 1750 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. Be A combination of on-site and off-site super fire hydrants, on a looped system (6"x4"x2½x2½), 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. e 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. e Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to the 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 following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 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. RE: PP 11001 Page 2 Install a supervised water flow monitoring fire alarm system. Plans must be submitted to the Fire Department for approval prior to installation, as per Uniform Building Code. In lieu of fire sprinkler requirements, building(s) must be area separated into square foot compartments, approved by the Fire Department, as per Section 505 (e) of the Uniform Building Code. 9. A statement that the building will be automatically fire sprinklered must appear on the title page of the building plans. 10. Certain designated areas will be required to be maintained as fire lanes. 11. Install portable fire extinguishers with a minimum rating of 2A-lOBC. Contact certified extinguisher company for proper placement of equipment. 12. 13. Prior to the issuance of a building permit, the developer shall deposit with the Riverside County Fire Department, a cash sum of $400.00 per unit as mitigation for fire protection impacts. Prior to issuance of building permits, the applicant/developer shall be responsible to submit a check or money order in the amount of $345.00 to the Riverside County Fire Department for plan check fees. 14. Applicant/developer shall be responsible to install a fire alarm system. Plans must be submitted to the Fire Department for approval prior to installation. 15. 16. Final conditions will be addressed when building plans are reviewed in Building and Safety. - Install a hood duct fire extinguishing system. Contact a cerfified fire protection company for proper placement. Plans must be approved by the Fire Department prior to installation. 17. Access gates to be provided with key pad entry for emergency use. Access code to be issued by the Fire Department. 18. Access gates will be provided with emergency back-up system. All questions regarding the meaninR of the conditions shall be referred to the Fire Department Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner By Laura Cabral, Fire Safety Specialist ml August 4, 1989 Administrative Center · 1777 Atlanta Avenue Riverside, CA 92507 Riverside County Planning Department Attention: Randy Wilson County Administrative Center 4080 Lemon Street Riverside, CA 92501 RE: Plot Plan 11001 Exhibit A, Amendment #3 I Ladies and Gentlemen: The Land Use Division of the Department of Building and Safety has the following comments and conditions: If the proposed project is to be "phased," an approved exhibit indicating which structures and on-site improvements are required for each "phase" should be required. An additional plot plan or an approved exhibit for on-site signage will be required. Prior to the issuance of building permits, written clearance is required from the following: Elsinore Union High School District Temecula Unified Schhol District Prior to issuance of building permits, the applicant shall provide the Land Use Division with evidence of recordation of a Certificate of Parcel Merger. Engineered plans are required for any walls or fences over six feet in height. An approved setback adjustment from the Planning Department is required for walls or fences over six feet in height found in required setback areas. Swimming pool to be fenced according to requirements specified in Ordinance 421.1. Health Department approval will be re- quired on pool plans. Planning Department Plot Plan 11001 August 4, 1989 Page 2 If approved elevations are required from the Planning Department the approved plans must be submitted to the Land Use Division concurrently with submittal of structural plans for review. Prior to acceptance of structural plans for Building and Safety review, one complete set of approved conditions from Planning Department must be attached. Prior to issuance of building permits, proposed lighting must be in conformance with Mount Palomar Lighting Plan, Zone B, per Ordinance 655. Performance Securities Bond for maintenance of landscaping may be required. Consult your conditions of approval. Very truly yours, /sn 0 Grading Notes by: ~ ~ ?? Hool A PT- ~m~L~'~co.,.e. ts Initial COUNTY OF RIVERSIDE Department of Building and Safety TD: Planning - File FROM: Grading Section _~__ Please make the following a condition of approval: ~a. Prior to commencing any grading exceeding 50 cubic yards, the 0wner of that property shall' obtain a grading permit from the Department of Building and Safety ___b. Prior to approval of this use/subdivision a grading permit and approval of the rough, grading shall be obtained ~rom the Building and Safety Department. Prior to issuance of any building permit, the property o~ner shall obtain a grading permit and approval to construct from the Building and Safety Department. ___d. Constructing of material permit. a road, where greater than 50 cubic is placed or moved, requires a yards grading The Grading Section has no comment on this site FOR FINAL GRADING PLAN - P~RASE PROVIDE FORMAT AND GRADING INFORMATION PER COUNTY GRADING FORMS: 284-86 284-21 284-120 284-46 (A.C. Paving) ~84-13~ (5/88) DEPARTMENTAl. I.ETTE R COUNTY OF RIVERSIDE PLANNING DEPARTMENT August 18, 1989 TO: FROM: RE: Randy Wilson - Team 1 Steven A. Kupferm~n - Engineering Geologist~.._ Plot Plan 11001 ' Slope Stability Report No. 124 The following report has been reviewed relative to slope stability at the subject site: "Preliminary Soils Engineering Investigation, Plot Plan 11001, 13.8 Acre Site, Rancho California Area, County of Riverside, CA," by Geo Soils, dated March 30, 1989; and "Addendum to Preliminary Soils Investigation, Plot Plan 11001," dated August 4, 1989 by Geo Soils. This report determined that adverse geologic structures are not anticipated to adversely affect the proposed development. This report re~on~nended that: Fill slopes should be designed at 2:1 (horizontal to vertical) gradients and should not exceed 25 feet in height. Fill slopes should be properly built and compacted. 2. Cut slopes in form~tional m~terials should be at gradients of 2:1 or less and should not exceed 25 feet in height. 3. Cut slopes should be further evaluated by an engineering geologist during site grading. ® Cut and fill slopes should be provided with appropriate surface drainage features and landscaped with drought tolerant vegetation as soon as possible after grading. Berms should be provided at the top of fill slopes, and brow ditches should be constructed at the top of cut slopes. Lot drainage should be directed such that surface runoff on slope faces is minimized. This report satisfies the General Plan requirement for a slope stability report. The recommendations n~de in this report shall be adhered to in the design and construction of this project. SAK: rd COUNTY OF RIVERSIDE /DEPARTMENT OF HEALTH Date: September 22, 1989 To: From: Randy Wilson, Planner Team I Riverside County Planning Department CAC 4080 Lemon Street, 9th Floor Riverside, CA 92501 ~William D. Redden, CIH ~--Supervising Industrial Hygienist Division of Special Services Riverside County Health Department P.O. Box 7600 4065 County Circle Drive Riverside, CA 92513-7600 Subject: Amended Review of an Acoustical Report for Racquetclub Apartments, PP 11001 Applicant: Gary Dubsis Walsh Building and Construction 11777 Barnards Plaza Court, Suite 207 San Diego, CA 92128 Information Provided: April 7, 1989 Noise assessment and Noise Control Recommendations, Racquetclub Apartments (PP 11001) in the City of Rancho California, Riverside County by J.J. Van Houton and Associates, Inc. September 20, 1989 Revised Noise Assessment and Noise Control Recommendations, Eacquetclub Apartments in the City of Rancho California, Riverside County ' by J.J. Van Houton and Associates, Inc. CINDRA ROWELL. S.S.H.M.B.A. J~kL FANNIdG. ~ M.P.A. N~. ~ D. VAI. M.PA [.q. COYNF.. MS. KPUTY DLqECTO~ O~ HEALTH 0Lr~IUTY 01R~¢TQR C~r ~JU. TH ~ ~dLLAQF~R, ~ M. PJe. M.A. ~ DIreCTOR ~r I~.IJ. TH OEPUTY OI~f~CTOR O~ HEALTH I"ERSCliJJ. N[A~TN I~'RYIC~S F. NYI~GNI~NT~ ~ALTN i&'R~CES D~ECTO~ O~ HEALTH II~[C~AL ~RY~$ ' ADMIL · ~ulqi~RT B[RYI~5 H~A~T# CENT£RS Bd~4~eG ~4)SS MY $TR{~ET - ~ ~ ~20 ~ BLYTH~ ~3 N~TH ~R~AY - ~1t~, CA ~tt~5 ~ CASA BLANCA 7~40 MARGU~RITA - R,~etiill. CA ~2S04 ~ C~A ~OS I~TH 8UENA VISTA - Cffm. G& ~17~0 ~ fiEMET 180 N~TH STAT~ STREET - ~me~. CA ~)4~ ~ /MDI0 4&-~0S OAS~ STREET - ~m. CA ~t~Ol Noise Information Requirements: Noise Element of Riverside County General Plan states "to avoid future noise hazard, the maximum capacity design standard (average daily trips) for highways and major roads shall be used for determining the maximum future noise level, or 20 years in case of freeways. 2. Interior noise level dot dwelling units shall not exceed 65 CNEL (dBA). For future noise estimates the FHWA RD 77-108 Highway Traffic Prediction Model shall be used. The project shall comply with California Noise Insulation Standards, (CAC, Title 25, Chl, Subch 1) as follows: "(d) Wall and Floor Ceiling Assemblies. Wall and floor-ceiling assemblies separating dwelling units or guest rooms from each other and from public space such as interior corridos and service areas shall provide air-borne and impact sound insulation for floor-ceiling assemblies. (2) Airborne Sound Insulation. All such separating walls and floor-ceiling assemblies shall provide an airborne sound insulation equal to that required to meet a Sound Transmission Class (STC) of 50 (45 if field tested) as defined in UBC Standard No. 35-1. Penetrations or openings in construction assemblies for piping, electrical devices, recessed cabinets, bathtubs, soffits, or heating, ventilating or exhaust ducts shall be sealed, lined, insulated or otherwise treated to maintain the required ratings. Dwelling unit entrance doors from interior corridors together with their perimeter seals shall have a Sound Transmission Class (STC) rating of not less than 30 and such perimeter seals shall be maintained in good operating condition. (3) Impact Sound Insulation. All separating floor-ceiling assemblies between separate units or ~uest rooms shall provide impact sound insulation equal to that required to meet an Impact Insulation Class (IIC) of 50 (45 if field tested) as defined in UBC Standard No. 35-2. Floor coverings may be included in the assembly to obtain the same sound insulation required above." Findings: The revised acoustical report provides acceptable acoustical information for estimating the noise impacts to Racquetclub Apartments and acceptable attenuation methods for achieving 45 CNEL interior noise levels. Recommendations: The recommendations issued by the consultant shall be required as follows: A. Exterior noise control to achieve an exterior CNEL of 65 dB: Level A perimeter wall having a minimum height of 5' should be placed around all patios and balconies in units of Building B ~16 and ~22 facing Margarita Road. me A barrier having a minimum height of 5' should be located as shown in Figure 2, for the pool and tennis court area. The barrier height is relative to the elevation of the arterial and or the exterior living space, whichever is greater. The barriers should be continuous structures without gaps or gates and should be constructed of a material that is impervious to noise (e.g., concrete block, stucco-on-wood, 1/4" plate glass, earthen berm, or any combination of these materials). B. Interior Noise Control level to achieve an interior CNEL of 45 dB: Level All windows and sliding glass doors in the project should be well fitted, well weatherstripped assemblies, and should provide a minimum sound transmission class (STC) as follows: Location Two "B" building directly adjacent to Margarita Road, ...... STC Operable Window Door Glazing assemblies facing street 32 32 side elevation of end units 27 -- North elevation, two "C" buildings directly south of the recreation area All windows and sliding glass doors not specified above 25 -- Fixed 27 27 27 22 22 22 Enclosure 1 (see J.J. Van Houton's report of 9-20-89 Racquetclub Apartments) provides a description of the assemblies used in the analysis. If assemblies other than these are desired, it is recommended that the sound transmission loss test report for the assemblies be reviewed by a recognized acoustical engineer to ensure compliance with the County and State interior standards. Enclosure 2 provides a list of manufacturer's of sound rated glazing assemblies. An STC of 27 in a fixed window is generally provided by a pane of 1/4" plate glass in a well fitted, well stopped assembly. 2. STC is per ASTM Designations E-413 and E336 or E90. 3. Bathrooms which have tightly fitted doors separating them from the adjacent living areas are not considered to be habitable spaces and, therefore, do not require sound rated windows. 4. Entry doors facing or having line-of-sight to Margarita Road should be well weatherstripped solid core assemblies, 1-3/4" thick. 5. Exterior walls of units adjacent to Margarita Road and directly exposed to traffic noise should be constructed with 2" x 4" wood studs, 1/2" gypsum wall board interior and 7/8" thick stucco or siding-on-sheathing exterior, with R-11 insulation between the studs. All Joints should be well fitted and/or caulked to form an air tight seal. 6. For those units adjacent to Margarita Road, the roof system should have plywood sheathing which is well sealed. R-19 insulation should be placed in the attic space, if any. 7. Forced air ventilation is required since the interior CNEL standard is to be met with windows closed. the Uniform Building Code specifies that the forced air ventilation system shall be capable of providing two air changes per hour in all habitable rooms with one-fifth of the air supply taken from outside. This should be accomplished as follows: a. A forced air unit so that the fan may be operated independently of the heating or cooling functions, and b. A fresh air intake duct between the forced air unit and the exterior wall or roof. The fresh air intake duct should also incorporate at least six feet of flexible fiberglass ducting and at least one 90 degree bend. Wall mounted air conditioners, if used, should not be placed on an elevation facing the arterial for those units adjacent to Margarita Road. 8. There should be no openings (mail slots, vents, etc.) in the exterior walls of units adjacent to Margarita Road. C. The Party Wall and floor/ceiling Separation Specifications as recommended by the consultant and stated in Enclosure 3 of the report (attached) shall be implemented. WDR/tk Enclosure 3 Sound Control Specifications 1.0 PARTY WALL AND DIVISION WALL SEPARATION ASSEMBLIES 1.1 Wall Assembly Construction 1. Double row of 2" x 4" studs' 16" o.c. on separate plates spaced 1" apart. 2a. 5/8" type X gypsum board screwed 12" o.c. each side. b. 1/2" type X gypsum board screwed 12" o.c. each side. 3. 3-1/2" thick attenuation blanket. Sound Transmission Class (STC): a..56 b. 56 Test Authority: a. Owens/Corning Fiberglas, OCF448 b. Owens/Corning Fiberglas, OCF W-29-69 1.2 Framing 1. All studs in party walls shall be staggered (one wall from the other). 2. Studs shall not override pla~es of party or division walls. Knot holes, warped lumber, splintered wood, splices, chips, and sawcuts shall not be permitted at vertical or-horizontal party wall connections. 3. Framing at built-up corners and joists to wall connec- tions along party walls shall fit 'tightly without air gaps. Special care shall be taken that dry wall nailer blocking meets this condition between j6ists. · 4. Double blocking between c6iling joists shall be posi- tioned to eliminate flanking of sound over party br division walls at the joists. 5. Ribbon caulking (e.g., Lowry's ~10) shall- be used be- tween slab and sole plate and between doubl~ sole plates (at second floor).~t all party walls. Enclosure 3, continued. 2.0 2.1 2.2 6. Concrete pour material shall not flow onto party wall sole plates. Concrete shall not be poured onto or into party wall separation cavities between plates. 7. All wall insulation shall be snugly fitted and/or stapled between studs. 8. Wallboard shall be well fitted or apply caulking to the intersections of all floors, ceilings and walls with plywood and/or wallboard where the wallboard is not snugly fitted. 9. Gypsum wallboard shall. continue to the roof line on one side of the wall to avoid flanking of sound through the attic'space. Caulking-for all party or division walls shall be used -.in strict conformance with manufacturer's specifica- tions~ FLOOR/CEILING SEPARATION ASSEMBLIES Floor/Ceiling Assembly Construction la. 44 oz. carpet over 40 oz. hair pad. b~ Cushioned vinyl flooring. 2. 2" x 10" joists, 16" o.c. 3. 5/8" plywood subfloor nailed to joists. 4. 1-1/2" lightweight concrete, 15 psf. 5. R-11 insulation batts. 6. Resilient ch$nnels, 24" o.c. 7. ~/8" type X gypsum board screwed'12" o.c. to channels. Sound Transmission Class (STC): 58 Test Authority: Geiger and Hamme, USDA-2ST, 1970. Impact Insulation Class-(IIC): a. 67 b. 51 Test Authority: a. Geiger and Hamme, USDA-2ST, 1970.. b. Cedar Knolls Labs, 7711.12, 1977. Framing 1. All insulation shall be snugly fitted and/or stapled be- tween the joists. 10. Enclosure 3, continued. 3.0 4.0 Gypsum board shall be well fitted or apply caulking to the intersections of plywood and/or gypsum wallboard where the gypsum wallboard is not snugly fitted. Caulking for all floor/ceiling assemblies shall be used in strict ,conformance with manufacturer's specifica- tions. Resilient channels, where used, shall be U.S. Gypsum Corporation Type RC-1. Plumbing Waste and wate~ supply piping shall be isolated from building construction at points of contact with not less than 1/4" of felt padding. (Refer to Details 1, 2 and 4.) Piping and/or ducting within floor/ceiling assemblies shall be supported from the joists and completely iso- lated from the ceiling. The stud bay or joist cavity surrounding the supply and waste piping shall be filled with open-faced fiberglas or equivalent sound absorptive material. Common feed lines directly across party walls shall not be permitted. (Refer to Detail 5.) The elbow below the. stool waste outlet shall be isolated from the position blocks with carpet padding or a felt material. The entire space around the elbow shall be filled with open-faced fiberglas or equivalent sound ab- sorptive material. (Refer to Detail 3.) Ducting Intake or exhaust duct runs sh~11 not be positioned within the partition walls of common units. Sheet metal ducts in floor/ceiling assemblies of the up- per floor units shall not be secured to the ceiling joists of the units below. Bathroom exhaust fan housings shall be surrounded with fiberglas or equiva%ent sound absorptive material Bathroom exhaust fan duct runs shall include at least-a 6 foot length of fiberglas lined ducting in the duct run. Enclosure 3, continued· 5.0 .Electrical Television and telephone outlets shall not be placed in party or division walls. Electrical boxes (switches, outlets, wall fixtures, etc.) in opposite faces of party or division walls shall be separated horizontally by not less than 24 inches. Plastic sealer shall be wrapped around badk, sides, top and bottom of all electrical boxes in the party walls. Boxes shall be backed by R-11 insulation batts. Knockout plates on electrical boxes in all party or division walls shall not be bent or removed where con- duits are not connected to the box. 6.0 Kitchens and Bathrooms The party wall behind a tub and/or shower assembly shall be constructed consistent with the party wall specifica- tions. Wallboard shall be installed behind all tubs and/or showers which are adjacent to party walls. Voids between the wall and tub/shower units shall be completely filled with fiberglas insulation or equiv- alent sound absorptive material. Kitchen dishwashers and disposals shall be isolated from the frame by resilient mounts. Flexible hose couplings for inlet and outlet water connections on the dishwasher shall be used so that no rigid connection exists. 7.0 Fireplaces All fireplaces shall have a tight fitting manually operated flue damper. R-11 batt$ shall be installed i~ all walls of fireplace chimney chases to the extent permitted by the Uniform Building Code and local requirements. Fl~or-fill shall be poured around the fireplace flue where it penetrates the second floor. Pipe Isolation at Floor / Ceiling Joists Detail I Pipe Isolation at Stud Walls Position Block5 Waste Pipe Isolation at Floor/Ceiling Separation Detail 3 ,/ Caulking, Felt Isolation Caulking Isolation of Waste and Supply Piping' at Floor / Ceiling Separation Detail 4 Supply Line Isolation Branch Between Units Detail 5 me- Ri -:R )iDE councu. PLAnninG DEPARCiilEnC DATE: February 1, 1989 TO: Assessor Building and Safety Surveyor - Dave Duda Road Oepartment Health - Ralph Luchs Fire Protection Flood Control Otstrict Fish & Game U.S. Postal Service - Ruth E. Oavidson U.S. Fish & Wildlife Services Ca1 Trans. Dist. ~8 Rancho Calif. Water Southern Calif. Edison Southern Calif. Gas Co. General Telephone Temecula Union_School Dist. Elsinore Union School Dist:/ commissioner Jack Bresson Eastern Municipal Water Dist. C.J. Crotinger CHANGE OF ZONE 5385 - (Tm-1) - E.A. 33522 - David E. Walsh & Co - J. F. Davidson Assoc. Inc - Rancho Calif Area - First Supervisorial District - N. of Rancho Calif. Rd. So of Margarita Rd - R-3-3000 Zone - 13.8 Acres into 2 Lots - Schedule N/A - No Waiver - CONCURRENTLY PLOT PLAN 11011- REQUEST Change Zone from R-3-3000 to R-3-2500 - Mod 119 - A.P. 921-370-002,003 Please review the case described above, along with the attached case map. A Land Oivision Committee meeting has been tentatively scheduled for February 23, 1989. If it clears, it will then go to public hearing. Your comments and recommendations are requested prior to February 23, 1989 in order that we may include them in the staff report for this particular case. Should you have any questions regarding this item, please do not hesitate to contact Oavid Wahlgren at 787-1363. Planner COMMENTS: DATE: 2/16/89 SIGNATURE The Elsinore Union High School District facilities are overcrowded and our educational programs seriously impacted by increasing student population caused by new residential, commercial and industrial construction. Therefore, pursuant to California Government Code Section 63080 of AB 2926 and SB 327, this district levies a fee against .all new development projects within its b ndaries~r~~~ PLEASEprint name and title 4080 LEMON STREET, 9TM FLOOH RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 Larry Maw, Superintendent 46-209 L.)ASIS SIHEET, ROOM 304 INDIO, CALIFORNIA 92201 ~1 g) R42-8277 March 6, 1989 RIVERSIDE COUNTY PLANN~G DEPARTMENT Board of Directors: James A. Darby President Jeffre), L. Minklet Sr. Vice President Ralph Daily Doug Kulberg Jori A. Lundin T. C. Rowe Richard D. Steffey Officers: John F. Hennigar General Manager Phillip L. Forbes Director of Finance. Treasurer Thomas R. McAliester Director of Operations & Maintenance Doris V. Baker District Secretmy McCormick & Kidman Legal Counsel Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, California 92501-3657 Subject: Water Availability Reference: Tract 3334, Portion of Lot 27 Plot Plan 11001 Change of Zone 5385 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. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If you have anyquestions, please contact Senga Doherty at (714) 676-4101. Very truly yours, RANCHO CALIFORNIA WATER DISTRICT Bob Lemons, P.E. Acting Director of Engineering F012/dpm63f RANCHO CALIFORNIA WATER DISTRICT D. J-mes Laughhn Red,kine lad She.ill Riverside Co. Planning Dept. 4080 Lemon St., 9th Floor Riverside, Ca g2501 SUBJECT: The District is responding to your request for comments on the subject project relative to water and/or sewer service. lhe items checked below apply to this project review. The subject project: ~/'~Is not within EMWD's: ~"water service area sewer service area Will be required to construct/provide the following facilities if to be served by EMWD: Water Service Any and all necessary onsite and any offsite water mains, regulators, pumping plants, storage tanks, and appurtenant facilities and works. All mains and facilities are to be regionally sized. Participation in regional water facilities, and fee payments must be met. ~ Water mains will not be allowed along lot lines/private lands. Fire flow requirements and backflow prevention reauirements must be met. ~__~n~.~t~.~ ~.'~ ~ ~-~(~'~-~4 ~-'J, .Sewer Service Any and all necessary regionally sized onsite and offsite gravity sewers and · appurtenant works that might include monitoring manholes, lift stations, force mains, and effluent disposal/use. Sewers will not be allowed along lot lines/private land. Fee payment and participation in regional sewers, treatment, andseffluent disposal must be met. Only wastes acceptable to EMWD regulations will be allowed. EASTERN MUNICIPAL WATER DISTRICT Planning Department STATE OF CALIFORNIA--BUSINESS, TRANSPO~TATIOIq AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT 8, P.O. BOX 231 SAN BERNARDINO, CA 92402 TDD (714) 383-4609 February 7, 1989 GEORGE DEUKME.JIAN, Go~mor Development Review 08-Riv-15-4.980 Your Reference: PP 11001 Planning Department Attention Mr. David Wahlgren County of Riverside 4080 Lemon Street Riverside, CA 92501 Dear Mr. Wahlgren: Thank you for the opportunity to review the proposed Plot Plan 11001 located north of Rancho California Road, south of Margarita Road in Rancho California area. This proposal is somewhat removed from an existing or proposed state highway. We have no specific comment on this proposal. If additional information is desired, please call Mr. Thomas J. Neville at (714) 383-4384. Very truly yours, H. N. LEWANDOWSKI District Permits Engineer :li' ,. I iDF. courtcu. i, LAnninc DF.F'A CI .n DATE: January 31, 1989 TO: Assessor Building and Safety Surveyor - Dave Duda Road Department Health - Ralph Luchs Fire Protection Flood Control District Fish & Game U.S. Postal Service - Ruth E. Davidson U.S. Fish & Wildlife Services Commissioner Jack Bresson C.J. Crotinqer Rancho Water Dist So Calif Edison So Calif Gas General Telephone CAL TRANS #8 Temecula Union School Elsinore Union School Eastern Municipal Water Dist. UCR-ARU REC, FdVED IN AIq'U FEB 06 1989 PLOT PLAN 11001/CHANGE OF ZONE 5385 - (Tm-1) - E.A. 33522 - David E. Walsh & Co. - J. F. Davidson Assoc, Inc. - Rancho California Area - First Supervisorial District - N. of Rancho Calif Rd, S of Margarita Rd - R-3-3000 Zone -13.8 Acres into 2 Lots - Schedule N/A - No Waiver - CZ R-3-3000 to R-3-2500 - (CONCURRENT WITH CZ 5385) - REQUEST Construct 240 Unit Apt. Complex - Mod 119 - A.P. 921-370-002,003 Please review the case described above, along with the attached case map. A Land Division Committee meeting has been tentatively scheduled for February 23, 1989. If it clears, it will then go to public hearing. Your comments and recommendations are requested prior to February 23, 1989 in order that we may include them in the staff report for this particular case. Should you have any questions regarding this item, please do not hesitate to contact David Wahlgren at 787-1363. Planner COMMENTS: ~. ~~z.t.~./~r~.~ ;~ ~ec-~$~y ~r,.~ ~ ~*w~'~e'"¥, EASTERN INFORMATION CENTER Archaeological Research Unit Universiity of California Riwersicle, CA 92521 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787'6181 46'209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 J.F. Davidson Associates. Inc. ENGINEERING PLANNING SURVEYING ARCHITECTURE LANDSCAPE ARCHITECTURE torch 13, 1989 Hr. Dave Idalgren RZVERSZDE COUNTY PLANNTNG DEPARTMENT 4080 Lemon Street, 9th Floor Riverside, California 92501 Re: CZ 5385 Dear Dave On behalf of our c11ent, Malsh Holdtng Company, ! would 11ke to request a change to the referenced change of zone application. Please change the requested denstry from 18 D.U.A. to 16 D.U.A. Thts change wtll result tn a total of 220 dwelltrig untts on the stte. Thank you for your cooperation. Davtd Pht111ps Project Manager DAP: sJg 3880 Lemon Street, Suite 300 PO. Box 493 P~vers.3e. CA 92502 (714) 686-0844 FAX 714-~o8~-5954 1091 -D S Mr. Vernon Avenue Colton, CA 92324 (714) 825-1082 FAX 714-825-9583 73-080 El Paseo Sude 106 Palm Desert CA 92260 (619) 346-5691 FAX 619-340-0529 PLAnnine APPLICATION FOR LAND USE AND DEVELOPMENT DATE: January 20, 19'o'9 CHANGE OF ZONE NO. ~ ~1 PUBLIC USE PERMIT NO. CONDITIONAL USE rl, TRACT MAP NO. '-'~'~ PERMIT NO. [~ TEMPORARY USE PERMIT NO. PARCEL MAP NO. ~' VARIANCE NO. ~'t~:,' PLOT PLAN NO. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. RIVER~,~;- .,-, ..~- - ~- C_,U,, ,y PLAN N,,r,.o DE~.~, ~,.:ENT APPLICANT INFORMATION DAVID E. WALSH & CO. 1. Applcant's Name: Telephone No.: ( 619 ) 487-5110 [SI.m.-Sp.m.) Owner's Name: SAHE AS ABOVE Mailing Address: SIR£EI CITY Telephone No.: ( ) (8 a.m.- 5 p.m.) Representative: J.F. DAVIDSON ASSOCIATES, ItlC. Ma,hngAddres$: 3880 Lemon Street P.O. BOX 493 Riverside CA 92502 -~TR£[' CI?Y SIA~E Telephone No: ( 714 ) 68G-0844 (8 Lm.- 5 p.m.) NOTE :If more than one person is involved in the ownership o! Ihe property being developed a separate page must De attacheel to th~s apphcabon which lists the names and acldresses ot all persons having an interest m the ownersmE Of the properly. PROJECT INFORMATION 1 Purpose of Request (describe proiect) (Ordinance 348 tel. no.) Change of Zone per Ordinance 34:3, Section 20.3 fom K-3000 to R-2500 2. Related cases filed tn conjunction with this request: P'~ 0t P1 an PROPERTY INFORMATION 1. Assessor's Parcel No(s). g21-370-002-& 003 2. Generallocation(street address, etc:)- 500 feet northeast of corner of Rancho California Road and Horaga Road. 3. Section 36 Township 7 South Range 3 tiest 4. AlX)toximlle Gross Acreage: 13.8 acres 5. Legal description (give exsc! legal description BS recorded in the Office el the County Recorder). May be attache0 Part of Lot 27, Tract 333~5413~....----~ SIGNATURE OF APPLICANT'~L'~... ~,_ ~-v!~'~C'"~--'~ DATE / --"~ ('//-c:~/~... Authority for this II:)plica!ion iS hereby SIGNATURE OF PROPERTY OWNER~p 4080 LEMON STREET, 9TM FLOOR 46-209 OASIS STREET, ROOM 304 RI¥'~'R~Ir'tp ("'Am I1~.11~. OOr~n'~.~.? INDIO. CALIFORNIA 92201 [! · · · · · · · · · · · · APPLICATION FOR LAND UII AND D!l~LOPIIIJIT INFORMATION GNEGKLI~T (The lollowm~ intORrm~)n IMII be MoviOed on requh-ea exMb.&) IUMMAR Y OF INFORMATION FOR SUBMISSION OF PLOT PLANS IEYIEWE~ IY El!lifT ~lOII NOT EXEMfT W ~T. ONLY C~EQA ~ C~OA ~ l~~n ~ I~M~n ~ l~~n I T~ N~ RIVEP =!DE COUNTY PLANNING DEPARTI"eNT (,..SE INFORMATION To ms,re that aH apphcat~ons are processed smoolhly and that as hills brae as possible elapses between Ihe submdta~ Of apphca~on and approval t:)y the appropriate governing boohas. the applicant must provic~e the following reformebon. plans fees together w~th the completecl aDDhCat~on anO enwronmental assessment forms Fadure to have all the reclu~red informebon ~s iushf~cat~On for rejection of the application. If you have any QuaShOhS COnCern.ncj your aDphcataons. please feel free to contact the Planning Department. CHANGE OF ZONE Enwronmental Assessment Fee SUBMIT: 1 completed anti signed application 1 completed and srgned Enwronmental Assessment form (including photos and topography mad w~lh ads noted) 3 Cop~es of comotale and accurate plot plan (see Information Checklist under Column Change ot Zone (Assessor's map will suffice for the 1 COpy Of Assessor's Map showing parcel(if not used for pl04 plan) 2 copies of property owners notification liSL cartit)cation, and map (see attached) 2 copies of proPerry'S legal descnption as recorded in the Off,ca 04 the County Recorder CONDITIONAL UIE PERMIt Environmental Assessment Fee SUBMIT: 1 completed and s~gned application 1 completed and signed Environmental Assessment form (including photos and tol:x:)~raphy map w,ln site noted) 25 copies of complete and accurate Dior Dian (lee Information Checklisl tender column Condihonal Use, 1 Copy of Assessor's MaD ahow~ng Darnel 2 copies of Property owners notification lisL certification, and map (see attached) 1 SAN 53 (Sewer & Water Availability) letter from Riverside County Health Department for Mob,IS- home Park, RV Park. PubliC Campgrounds and Travel Trailer Pa~s 2 cop~es of propertYs legal description as recorded in the Office of the County Recorder VARIANCE Enwronmental Assessment Fee SUBMIT: 1 completed and signed application 1 completed and s~gned Environmental Assessment form (including photos and tOPOC.jraphy map s,te noted) 25 cop~es of complete and accurate plot Dian (see Information Checkhat under column Var~ance~ 1 COpy of Assessors Map showing parcel 2 COD~eS of Property owners notification list. certification. and map (see attached) 2 coD~es of properry's legal descriphon as recorded in the Office of the County RecorOer PUBLIC USE PERMIT Enwronmental Assessment Fee SUBMIT: 1 completed anc~ s~gned application 1 comoIsrael and s~gned Env~ronmenta~ Assessment form (including photos and tol:~3graphy ma~ s~te noted) · . 25 Cop~es of complete and accurate plot plan Isee Informabort Checkhst under column Pubhc Use~ I copy of Assessors Map showing parcel 2 cop~es of property owners notihcat~on hat certification, and map (see attached) 2 copies of proPerry's legal description as recorded m the Ofi~ce of the County Recorder PARCEL MAP Enwronmental Assessment Fee SUBMIT: 1 completed and signed application 1 completed and s~gned Environmental ASsessment form (including photos and tOPography mad site noted) 30 copies of the tentative .~ap. (See Information Checklist under column Land Division.') The maps mus be folded to a size no greater than 8~/~" X 14" 1 8%" X11" legible reduction of the tentaiwa map 1 8%" Xl 1" acetate reduction of the tentative map 1 Geologic Reporl or waiv.er thereof H the land division lies within s special studies zone 1 Program for soil erosion if the land division lies within a blow sand area I ReCluest for Waiver of final map. when recluired 1 copy of AssessOr'S Map show~r~g Darnel . 2 copies of proD;arty owners notification list, certification. and map (see attached~ ~IA C T MAP Environmental Assessment Fee ~UBMIT: I completed and signed application 1 completed and s~gned Environmental Assessment form (including pholos and tO;X:)graphy map site noted) 30 co,es of the tentative map ('bee information Checkhat under column Land Division.I The maps mus~ be folded to a size no greater than 8~" X 14" 1 8W'° Xl 1" legible reduction of the tentative map 1 8V~" Xl 1" acetate reduXion of the tentative map 1 Geologic Reporl or waiver thereof if the land division lies within a sic)accel studies zone I Program for ~oil erosion if the ~and cl'n~isio~ lies w~thin a blOw sand area 1 RatiOeat for Waiver of final map. when 1 COpy of Assessors Map showing Darnel 2 copies of property owners notification lisL certification. and map (~ee attached) 1 SAN 53 (Sewer & Water Availability) letlet from Riverside Ccunty t-'.3alth Department I~EMPORARY UIE PERI~11' Environmental Assessment Fee SUBMIT: 1 completed and signe~ application 1 completed and signed Environmental Assessment Iorm (including photOS and to~:~graphy map site noted) S copies of complete and accurate plot plan (see Information Checklist under column Plot Plan) 1 COpy of Assessors Map showing parcel CASE ' EA NL STAFF uSE ONLY ENWRONMEN TA L INFORMA 7'ION FORM Please complete Parts IInd 11 of th~s form Ind provide all of the idd~bonal mlter~lli requested ,n F'lrt Ill Flulure to cid scma ~ aelay the rewew an0 process of your Orolect If you are unable to Drowde the reformebon. Or you need ass=stance dieate tee free to contact the Planrang Department at (714) 787-6418 PART I: General Information 1 Whet ~s the Total Acreage ,nvolved') '1.3. R Is there i 13rewous iDDhCahon filed for the same s~te'~ YES 'x NO ."1 If "Yes." provtcle Case Number. Also 13rowcle the Enwronmental A~dssment Number. if known. end Environmenta~ trader.! Report Number. ~ aDDisable. CASE NO. (Parcel MaD. Zone Change. etc.) E.A. NO. tf Knownl. EIR NO. (if elXg~ofe) 3. Additional comments you may wish to Supply regarding your proleeS (Attach an additional sheet if necessary i PART I1: Environmental Questionnaire 1. Is the Drojecl within In Alcluist-Pnolo Shetill Studies Zone? YES [] NO · To ~ietermine if your protect is located in I SDecill Studies Zone. cx)ntect the Public Information Sect,on or rate, to the SOstill Study Zones Mips available It the Public InformIlion Counter of the Planning Department. If the Drojecl ~s w~lh=n a zone. refer to Ordinance 547.1. or d~scuss the situation with the County Geologist. If I fault hazard reDor1 is necessary. complete the inveshgation prior tO submitting your aPDhCation and Drowde 6 coD,es the reDor1 with th~s form If a waiver of the reclu~rements ~s granted. submit s copy of the we,vet w~th th~s form 2. Is the broiect located withm a hazard management zone or licluifact,on area as shown on roaDS of the 'Seismic Safety E *e- sent Tachmeal ReDort"3 YES ~ NO :~ To determine ,f your Drolect iS subject to the geologic hazards noted above you should consult the "Seismic Safety & Element Tachscsi Report which IS ava~lal:)le St the Pubhc Information Counter of the Planrang Department If the answer tO clueshon at2 ~S "Yes." contact the IDOroDnate Geographic Planrang Team Section to d,scuss measure to i11~nlm~ze the hazarc~ Incorporate any mir,gat*on measuresintothe I~rOleCt design i:)nor to submitt,ng the aDcuca- hon Or indicate ~n the SI3ace 13rov,decl below the results of yOUr CliScu~,ons with the Planrang Team. 3. If your Droject is in the 0esert area. ~s ~t within s blowsand hazard area~ YES '- NO ~; The Planrang Offices m Incho ancl R~vers~de w~11 prowOe you w~th Informabort concerning blowsand hazards You may wish Io COntaCt t~e U.S Soil Conservahon Service If your ~rolect ,s sublect to blowsand haza rcis. submit a blownand control Dian with the aDDhcat~on (Also refer tO Sect,o- '. of OrchnanCe 460. if your project ~s a 13arcel map or subchws~on}. 4. Is water serwce available at the project s~te'~ YES -~ NO '~ If "No." how far must the water hne(sl be extended to ~rovide setwee') Number of feet or m~les Fuelher exDlanshon: 5. IS lewer ~ervice available it the sale3 YES · NO D If "No.' how far must the wiser line(s) be axlendtd to pr~icle len~ice? Number of feel or miles 6. AOdifional Comments: PART III: Additional Materials The following ilsres must be submitted with th~s form: 1. At I~lst three (3) panoramic photographs (color ~inls) of the protect s~te. or an Banal D~olO O{ the site. If color photographs lie utihzecl, ~lclu¢II I m~D i¢lentify~ng: · The Do~ition f~om which each DhOtOgieDh was taken b The sras of coverage of each D~otograph 2. A ofaer DhotoCot3y (Xerox or Nmilar cogy) O~ the SlN:~'oDriste portion of the U.S. Geological Survey cluadrangle real3. dehn- ~ting the bounclar~e~ of the protaG1 ~ite. Al~o note the title of the maD. I certify that I have investigated the Quellions in Ps~s I am:l II and the andvetS are true and coraeel IO the best of my V'ncen'c C. 0noh/Jr. P~anner '"'"~-....~--~ ' .~GNATURE ECONOMIC AND HOUSING LOANS Riverside County AJ~PROXIMATELY $3.5 M]LLZOM HAS BEEN MADE AVAILABLE FOR ECO#OHIC DEVEJ. OPM£NT A?~D HOUSING LOAJIS IN 1985. APPLICATIONS CAN BE FILED WITH THE RIVERSIDE CO~;TY DEPARTMENT OF ECONOMIC AND CO~IUN]TY DEVELOPMENT LOCATED AT 3499 TENTH STREET, P.O. BOX 1180, RIVERS]DE, CALIFORNIA, 92502. CO(~I~UNITY DEVELOPHENT BLOCK GRANTS (CDBG) FROM THE U.S. DEPARTMENT OF AND URBA~ DEVELOPMENT ARE USED TO CREATE AND SAVE JOBS AND HOUSING FOR LO;: MOD£RATE INCOet£ COUNTY RES]DENTS. THE LOANS HAVE BEEN USED FOR CC)I, t4ERCIAL, INDUSTRIAL, HOUSING AJ~O ]NFRAST1UJCTURE PROJECTS. CO[~ERCIAL AN~ INDUSTRIAL PROJECTS WH]CW SAV£ OR CREATE JOBS FOR LO~; RESID£N?S, CAN RECEIVE LOW INTEREST, PARTIAL FINAN:ING. UP TO 33 PER:EST THE TOTAL PROJECT CAN BE FINAN:ED. THE MAXIIID~LOAN IS $500,000 AND THERE CAP OF $15,000 LOANED PER JOB CREATED OR R[TA]NED. THE HOUSING LOAN LOAN UP TO SD PERCENT OF THE COST FOR CONSTR~CTION OR REHAB:LITATIOh 2NCOHE HOUSING. FUNDS MJST BE FULLY SECURED BY REAL PROPERTY AND SUBSTA);T:X. DEVELOPER EQUITY IS REQUIRED. THE LOAN FUND IS OFFERED JOINTLY BY THE COUNTY AND SEVENTEEN OF ITS CITIES. FOR FURTHER INFORJ4ATION, CONTACT YOUR CDBG AREA REPRESENTATIVE OR J~ STRODTBECK AT (714) 7BB-g770. RiVEa iDE county PLAnnin( DEPA:IClTtEnc K~LRDOUS WAS1T SITE INFORRATIOM F01~ Government Code Section 65962.5, w~tch became effective July 1, 1987, requtres the Ipplicent for any development project to consult specified state-prepared lists of hazardous waste sttes and submit a signed statement to the local agency Indicating ~e~her the project is 1ocat~ on or neet in identified site. Under the statute. no application shall t~ &ccepted without this signed $tltement. To dete.mine if your project is wtthtn the one-Ale radius of I hazardous site refer to the following list of state identified HazIrdOUS Ueste Sites. %denttry the listed site by pla:tng a check in the space provided. and sign dire this fo~ on the last page. the project within a one-~tle radius Of an identified hazardous waste site? Yes No X WRCB LEAK S%TES Oesert Center Lower Coachella Valley Desert Center ~int. Starlot 129475 Highway 6~ Desert Cente-, C~ ~2239 H & H Ranch 87-050 ~venue Oasis, C~ 9227.; Woodcrest Whitewater Cha-lebois Liquors 21840 Alessand?o Bld. Edge.~nt, C~ 92388 Whitewater Micro Whitewater Avenue Whitewater, CA 92282 ISecca Sun City Coachella Valley Farming 91-800 Avenue 64 l~eccm, CA 982254 ~n Jmcinto Valley Dist. O~+ice 26100 Menifee Road Ron~l&nd, CA 9238D Chevron Service Station 91200 Highway lg #ecca, CA 92254 Cherry Hills Golf Club, Inc. 26600 Sun City Blvd. Sun City, CA 92381 CV Nini~x 91201 Avenue 66 #eccm, CA 92254 Shell Service Stmtton 26730 Sun City Blvd. Sun City, CA 92381 4080 LEMON STREET. 9" FLOOR RIVERSIDE. CALIFORNIA 92501 (714) 787-6181 46-209 OA$15 STkEE' =-C~,' INDIC; CA,.';O~',; (6'.~ 3:2 REQUIRED PROI*.ATY OWNERI NOTIFICATIOh ~NFORI/M~ION APPLICATIONS FOR. PARCEL MAPS TRACTS ZONE CHANGES CONDITIONAL USE PERMITS PUBLIC USE PERMITS SURFACE MINING PERMITS W1ND ENERGY CONVERSION SYSTEM t 8.30 PLOT Pt. ANS R~uifi~g Al~'n~nt~ ~ult~mi~,Oommercm~, VARIANCES TEMPORARY USE PERMITS The follow~r~ items will be ~Qu,reO II tf~ time of filing of the Ibovl notlcI cll~ l|:~:)~i43t|O~l: 'two identcll plcklges to ~e ins~rtec~ in lep4rate g~" x 12~"~ni~ numar a~ the ~r0 ~ll."lnO lull ~tlin l~ to1~: ~t radius of me I~lr*or of their Dro~d ~owct ~hil lint Ihlll ~ M~N ~ the mss e~ua,zec A ~y of I~ ~fwementi~O ~ts. C. ~ ~1 fw ~e IpW~clnt ~r. ~ M~I for t~ ~R ~NO BIVIIION UI[I ONLY: An ~" X 11" ~uctWn 2. F~r ~ ~ ~ gum~ ~ls ~ the I~l~nL ~¢,t~i~r,iN ~1~ ~u~te ~tl ~em I~nt &n~ ~r,etc.lre the ~.T~ ~ to the outs~ of ~e of t~ ~ ~ni~ envies ~nt~ in ~em 1 roll not ~re ~ ~ the ~r~y ~r i~t (~ ~t~n f~ ~1~). 4. ~ ~ ~ ~ ~r exhibit or tent=ti~ ml; ~ III ~rcelS w~hm ~f~t. On the ~mn ~feet as t~y are I,lt~ on the gumbo ~ls. The i{:)ove nolecl ,nformabon may be obtaine0 Dy contachnG a tifi~ insurlnce COreDlay in the Riverside County area. PROPERTY OWNERI CERTIFICATION I. Vincent C. On_.oh ~.cerlif,/thaton January 20, 1989 theet~achedDroDerlyownershs~wasDreDareclby J.F. DAVIDSON ASSOCIATES, IHC. ~ulnt tO I~l~fiOn reQuirementS furnishe~ by the Ri~i~ County P~nning Dec,meat. ~d list il ~mDilltion of owner of the lub~cf pro~y anO all other ~ro~y owne~ within 3~ feel ~ the Dro~rW m~oN~ l=n InO il ~d u~n the ~tesf eaulhze0 ~ment roll~ I further Ce~ that the information filed il true an0 co~ to the ~st of my kno~e~e; 1 un~mtand that i~orr~t or erroneous ~for~ti~ ~y ~ grounds f~ m~tion or ~en~l ~ the I~t~n. NAME: Vincent C. 0noh TITLE/REGISTRATION: __ Jr. Planner P.0. Box 493 Riverside CA (714), 686r~844 Iq'lON E: DATE: January 20, 1989 92502 WRCB LEAK SITES (Continued) Jurupa Chevron Service Station $7713 5623 Mission Boulevard Rubtdoux, CA g~509 Temecula Borg Warner Mechanical Seal 2794! Front Street Te~cula, CA 92390 Chevron Service Station $1870 2890 Rancho California Road Te~necula, CA 92390 OHSO ABANDONED HAZARDOUS WASTE SITE Ripley · Woten Aviation Service ' ZS980 Neighbors Blvd. Rlpley Airport Rtpley, CA g~g72 OHS2 PUBLIC WELLS SERVING LESS THAN 200 CONNECTIONS Jurupa Lower Coachella Valley West Riverside MWC 01 (16,1) NW~,SE~,Sec.lO,T2S,RSW Warsaw Water Company (1) NW~,S[~,Sec.lO,T2S,RSW Desert Fruit 'SW~,SW~,Sec.13,T6S,RBE ... Cy Mouradick Domestic ($1) NW~,N£k,Sec.33,T7S,RBE East Corona Buschlin, Dwight (~3) SW~,NE~,Sec.28,T3S,R6W Home Gardens School (fl) SW~,SW~,Sec.28,T35,R6W Edward Kono Ranch SEk,NWk,Sec.3,T8S,RBE Cruz Cmmp ($1) SW~,SWk,Sec,20,T7S,R23E OHS3 PUBLIC WELLS SERVING MORE THAN 200 CONNECTIONS Jurupa Rubidoux CSD ($14,12) NE~,NW~,Sec.21,T2S,R5W ., Rubtdoux CSD ($11) NW~,NW~,Sec.21,T2S,RSW . Rubtdoux CSO [$4 (Skotty)] NEk,NW~,Sec.ll,T2S,RSW .... Ourupa CSD (Sunnyslope 3) SWk,NEk,Sec. B,T2S,R5W ~Jurupa CSD (Mira Lon~ #6) NEk,NEk,SecoS,TZS,R6W ~Jurupa CSD (Mira Loma $12) SE~,NW~,Sec.g,T2S,R6W ~Jurupa CSD (Well 11, Sky Country) NW~,SEk,Sec,20,T2S,R6W Jurupa CSO (Russel B) NW~,SE~,Sec.9,T2S,R6W S~ntm Aria River Water Co. (67) SW~,NW~,Sec.21,T2S,R6W Santa Ana River Water Co. ($1A) SEk,NWk,Sec.2g,T2S,R2E . Jurupa CSD (Pedley 2) NWk,NWk,Sec.26,TZS,R6W Santa Anm River Water Co. 'NW~,NEk,Sec.16,T2S,R6W DHS3 PUBLIC WEltS SER¥[~ HOR[ ~ 200 COlIgECT%011$ (Ceattm~l) Woodcrest San Jacinto (Continued) ~rch AFB f~ --NW~,NW~,,Sec.24,T3S,R4W Lakev~/Nuevo Nuevo Water Co (fll) ~NWk,NEk,Sec. IB,T4S,R2W Pine Cove Pine Cove CWD (f11) ' NEk,SEk,Sec.2,TSS,R2[ Pine Cove CWD (t)) SEk,NWk,Sec. I,TSS,R2E Idyllwild WD (Foster Lmke f10) NEk,NW~.Sec.12,TSS,R2£ Eastern MWD (f2416 W~shington} ~NW~,SEk. Sec.6,TSS,Ri[ Lmke #emt ~ (JIA) --ledk,SW~,Sic. XO,TSSoR1E Lmke H~et ~ ((10) --NEk,k'W~,Sec.8,TSS,R1E Lmke H~et N,q) (A) ' 'NE~,Nl~,Sec.18,TSS,R1E Lower Berdoo Canyon Myoma Dunes ~C#() ~SWk,NWk,Sec.8,TSS,R8E . Myoma Dunes MWC (Kingston rS) SEk.N~,Sec.17,TSS.R7£ Idyllwild WD (Foster Lake ti) Lmke Elsinore --NW~,NW~.Sec.12.TSS,RZE Idyllwild Idyllwild CWD (Fern Valley NE~,NEk,Sec.7,T5S.RJE Elsinore Water Dist. (~5) ~NEk,NEk,Sec.25,T6S,RSW Elsinore Valley I~D (Sedco ~3) · MW~,SWk,Sec.22oT6S,RiW East Corona Home Gardens Water Co. NEk,SWk. Sec.2B,T3S,R6W Home Gardens Water Co.(f2) NW~,NWk,Sec.2B,TJS,R6W Caltamsm South Mesa Water Co-Cmlin~sa{~16) Nl~k,NWk,Sec.14,T~S,R~W South Mesm Water Co. NEk,NW~,Sec.14,T2S,RZW Cmbmzon Jensen Water Co. --- ~NE~,NW~,Sec.23,T3S,R2E Jactnto Eastern MW1) (10041) ~SIm~[,SEk,Sec.2S,T4S,R1W Elsinore Val. MW1) (Sky Meadows ~NEk. SW~,Sec.25.T6S,RSW Sedco Wilder Flippin ~SE~SW~,Sec.27,T6S.RiW Murrteta Murrteta Mutual Water Co. ~oltdmy Well NEk,NW~,Sec.20,T7S,RJW Rmncho Eel Wl) "NW~,SW~,Sec.2S,T7S,RJW Eastern Munlctpml Wmter Dtst. (Murrtetm gSf3 (Out of Service} MWk,NWI~,Sec.24,T7S,R3W ~ncho C&ltfornia lmncho C~l W1) (f114,113) 'SEk,NEk,Sec.2S,T7S,RZW O14S3 PUBLIC W~I. LS S~RVING )lORE T14AM ZOO CO##ECTIOMS (Coetlnued) Temecula Rancho Cal WD (~102) SW~,SE~,Sec.goTBS,R3W Ot4SS (SITES INCt. UDEO UN~R 14A7.AR~)OUS S~S'TAJ4~ CLF. J~IUP BOMO ACT) Jurupa .. Stringfellow Hazardous Waste Site 3940 Pyrtte Street I (we) certify that I (we) have investigated and completed this hazardous waste siting form, and that my (our) answers are true and correct to the best of my (our) knowledge. Owner/ Representative {1) Vincent C. Onoh Date Ja~uary 20, 1989 Owner/ Representative {2) Date PLAnnin_ APPLICATION FOR LAND USE AND DEVELOPMENT DATE: January ~0, 1989 _--. CHANGE OF ZONE NO ~ CONDITIONAL USE PERMIT NO. "" PARCEL MAP NO. ~ PLOT PLAN NO. PUBLIC USE PERMIT NO. TRACT MAP NO. VARIANCE NO. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. R;. E= ? .:-- .:,r .' -v PLAr~:,:,,i~. J.~F~ = '":~T APPLICANT INFORMATION DAVID E. WALSH & CO. 1. ADplicanrs Name: Mailing Address: 11777 BERNARDO PLAZA CT. STE.207 SAN DIEGO, CA 92128 Telephone No.: ( 619 ) 4~37-5110 (8a.m.-5pm.) 2. Owners Name: SAME AS ABOVE _ Mailing Address: Telephone No.: () (8 a.m.- 5 p.m.) 3 Reoresentat,ve: J.F. DAVIDSON ASSOCIATES _ MaihngAddress 3880 Lemon Street P.O. BOX 493 Riverside CA 92502 Telephone No - ( 714 ) 6~(5-0C44 (8 am-,5 p.m.) NOTE: If more than one person is involved m the ownership of the property being developed a separale page must be attache0 to th~s aophcahon which hsts the names and addresses of all persons having an aterest m the owne~$h~c of the properly PROJECT INFORMATION 1 Purpose of Request (descmbe project) (Ordmance348ref. no.) Application for app~ova~ of Plan 2. Related cases filed m conjunction wUh this request: Change of Zone ,~" C. PROPERTY INFORMATION 1. Assessors Parcel No(s). 921-370-002 & 003 2. General location (street address, etc.) 580 feet northeast of corner-of Rancho California Road and I.loraga Road. 3. Section 36 Township 7 Snuth Range 't I/P~t _ _. 4. Ap~roximate Gross Acreage: 13.8 acres Legal clescription (give exact legal description as recorded in the Office of the County Recor0er) May be attache0 Part of Lot 27, Tract 3334, MB-5.4130 Thomas Brothers P~t.~,,~n~ Crier ' .~ s' r te "F-2 S IGNATUREOFAPPLICANT I~"='4~ Cno~ ... DATE Authority for this IPDlication is hereby given: 4080 LEMON STREET, 9'" FLOOR RIVERSIDE, CALIFORNIA 92501-3657 (714) 787-6181 46-209 OASIS STREET, ROOM 304 INDIO CAt FORNIA 9220~ REQUIRED PROI. .RTY OWRERI NOTIFICAl'10# INFORMATION APPLICATIONS FOR PARCEL MAPS TRACTS ZONE CNANGES CONDITIONAL USE PERMITS PUBLIC USE PERMITS SURFACE MINING PERMITS WIND ENERGY CONVERSION SYSTEM 18.30 PLOT PLANS Rl<lUi~mg Ef~'~'onments~ Aa~eament~ ~ultlf~m~ly,Oommercal. I~lult~11 ) VARIANCES TEMPORARY USE PERMITS The fOilCRYing items will I)e rlQulreO If the time of filir~g of the &bert notl~l c,11~ IDD~i~ltlOt'~l: 1. TWO i~lentmc~ I Dicksgel to t)e inlerlld in lipIrate 9~" X 12~" sinill enveloDtl. Th~11 envlk:)l:~l$ Ih&11 in~tl lne ~se numar and the ~m ~11,"lnl I~11 contim t~ fol~: I. One ~ MI of gumme~ ~1~ md~ti~ iii l~ Dr~ ~1~ '~1 Ifi~ the ~lfi~ e~m~ t~l am ~th,e ~t m~iu$ ~ t~ e~lr*or ~ their pro~ ~o~ct ~hJs list shell N ~ ~ the ~$t ~m~t roll .) b. A ~_~ ~ t~ Iforementi~ ~. c. ~ ~1 f~ the ~. ~ ~1 f~ the ~r. I. ~R ~ND OWllION CUEI ONLY: An 8~" X 11" ~uct~n ~ t~ Iln~t~ ~. 2. F~r ~ ~ ~ gumme~ ~ls ~ t~ I~l~nt, ~r,l~i~r,enO ~l~nteti~ ~h t~ir ~ili~ I~re~s D o ~1~ ~u~ll ~ ~t~ a~nt In~ ~r,etc.are the M~.T~ I~ ~ i~ in I ~ envelope ~e0 tO the OutS~ ~ ~ Of t~ ~e ~ni~ In~l~l ~nti~ in Hem 1 I~. 3. ~ti~ byt~ M~ com~ny, l~in~r.or lunar t~t t~ I~lat il~etl I~cumte.~eT~l~r S Off,: e ~11 not ~m ~ ~ the pr~y ~r lilt (~ ~tiOn f~ ~1~). 4. ~ · ~ ~ y~r Ixhi~t ~ lentilwe ~p sh~ all ~rce~ w~hin ~teet. On the map,~nt the ~1 ~ iii ~o~y ~hin ~f~t el l~y Ire hsl~ on the gumbo The above noteel intermition may be oDIIinKI by contacting I title insurance coreDany in the River~dOe County area PROPERTY OWNERI CERTIFICATION I. Vincent C. Onoh ,certifythaton january 2D, 19B9 theimachedpropemyownem~,s~wespre~are~l~y J.F. DAVIDSON ASSOCIATES, INC. ._ pu~ulnt to l~lation requirements furnished by the Rt~mi~ County P~nni~ DeC,sent ~id hit IS I ~mplete ant ~rue ~pilltlon of owner of the lub~ct pro~dy an~ all Other pro~ owne~ within ~ feet ~ the pro~ invoN~ m the aDDhOe t~n In~ is ~a u~n the ~lest eaull,zea ~menl tell[ I further ce~ that the infor~tion fi~ is true a~ co~ to the ~sl of my kn~e~e; I un~mtand t~t ,~o~t or enoneous ~for~h~ ~y ~ grounds f~ m~ion or ~enml ~ t~ NAME: Vincent C. Onoh Jr. Planner TITLE/REGISTRATION: ~ P.O. Box 493 Riverside, CA 92502 I~1ONE: (7~4)m686-0844 DATE: January 20, 1909 i! · · · · · APPLICATION FOR LAND UI~ AND DIVELOPNEI(T INFORM4 TlON CHECKLIlT MID Kce~ Io I~ ~y Nome Any ~ Tentlt~ ~ellmmnl~ ExlsI~ cont~ ~m ~x~mum mfe~f Is f~ ~ IN~RVAL · · l=l · · · BUMMAR Y OF INFORMATION FOR ~UBMI~SION OF PLOT PLAN~ RIV£R51OE COUNTY PLANNING DEPARTMEN?' 'ASE INFORMATION VARIANCE Envtronmenta~ SUBMIT: 1 1 Assessment Fee completed Ind s~gnecl apDItCat~on completed and s~gnecl Environmental Assessment form (inCluding photos and fol:x~)raDhy mad w~ Itte noted) 2.5 coD~es of complete and accurate plot plan (see InformatiOn Checkhst under column Variancel 1 Copy of Assesso(s MaD Showing parcel 2 caD,es of properly owners notihcahon I,$L certif~cahon, and mac) (see attached) 2 coD~es of DrOl:>erty's legal CleSCr~ptiOn as recor0ecl in the Offtce Of the County Recorder I~UELIC USE I)ERMIT Env,ronmental Assessment Fee SUBMIT: 1 completed and s~gned aool,cahon 1 completed and s~gned EnvtrOnmental Assessment form (including photos and topography map lite notedl · . 2.5 coD~es of complete an0 accurate plot Dian (see Information Checkhat under column Pubhc Use~ 1 COpy of Assessor's Map showing parcel 2 COD~e$ of property owners notihcahon I~sL cerlihcation, and map {see attached) 2 copies of properry's legat descrtphon as recor0ed :n the Off~ce of the County Recorder Enwrcnmental Assessment Fee SUBMIT: 1 comDietecl and signed aDphcahon 1 completed in(3 $~gnecl Enwronmental Assessment form (including photos and Iol:x:>graphy mac) w~th life noted) 30 copses of the tentative mad (See Information Checklist under column Land Dwision:~ The mac)s be foldecl to I lize no greater than 8~" X 14" 1 8~,~" X11" legible re4uctton of the tentative map 1 8~" Xl 1" acetate reduction of the tentative mad 1 Geologic ReIx)rl or wliv~r thereof if the Ilncl divil, ion lies within I special $tuches zone 1 Program for ~Oil eralion if the lencl dM~on has within I blow sand area I Request for Waiver of final maD. when tlquired 1 copy of Asse~Ior's MaD lhOW~ng parcel . 2 C~I~eS of property owners notif)c. atton ha1. certification. anc~ map (see if'lathed) TIMOTM4Jl Environmental Alsessmenl Fee IUI¥1T: 1 coml~ete0 and kgned application 1 completecl ind I~gned Environmental A&lessment form (including phOtC~ Ind topography mac) lite noted) · ~: ~,t.--=, o, ~ne Itntlhve map. (See inlorTtllhon L;heCl<Jtst t, lr)cler column LlnCl Division.) The mac)s mull be fofCied to alize no greater than 8'~" X 14" 1 8V~" X11" legible re~luction of the tentative mad I 8~" x11" &cetera re¢luctton of the tentative 1 ~eolog~c Fle~ or waiver thereof if the Ilftd cliv~lion liel within a K)ec41 studies zone 1 Program for Ioil erol~on if the'llncl cl'wiliOn fiel within I ~ow 14ncl ires 1 ~quest for W&iver of final map. whtft I'lQuireCl 1 COpy of AlI~IIO4'I M&p Ihow~ng 2 Cop~$ of prc)~erty owners notification li~t. certJfclticm. and mad (see attachecl) 1 SAN 53 (Sewer & Water Avliflbifity) letter from R~'erside County I-'. ~.alth Department TEJ/K)AAIY Ull leEkliT Environmental AlsekamenS Fee SUBMIT: 1 completed and signed application 1 completed ind I~gned Enwronmentll Assessment Iorm (including photOS Ind tOpOgrlphy mad w,tf~ lite noted) 5 cop,es of complete and accurate plot plan (see Inlormafton Checklist uriclet column Plot Plan) 1 COpy of Assessors Map show~ng parcel 1'0 ~r~$ure that ell aDDhelicOns a~e processed Smoothly and that Is ItStie ttme as ;ossiole elll:)Se$ Delween the $uOm~tla~ o~ lc)DI)CIIiOn Ind IDDrOvI~ 0y the IpDroDr~ale govermng boO~es. the lOPlOInS mull provi~le the fOllOwing tnfotmlhon. fees tc~ether w~th the complete0 IDOlscat:on and environmental assessment fOrmS Flulure to have ill the reclu,red tnformahon t$ lUSt:hClltOn for re~ectton of the &pplcltlon. If you have Iny questtons conce,n,r,c_ your lDOl~cahons. Dilate feel free to contact the Planrang Del~4rtment. CIIANOZ OF ZONE Envtronmental AsseslinenS Fee ~,I.IBMIT: t completed and ~nad 1 co~plelecl and s~gnad Enwronmentll Assessment form (including phot(x ancl topography mac) w,tn ida noted) 3 cop~es of complete and accurate plot ptan (lee InformIlion Checklit Under column Change of Zone, (As.lessor's map will $ufftce for the maD.) 1 copy of A$sesaor'a Map Ihowing i~tcel (if not uled for I:ifol 2 copses of ~'oDerty owners notifCltion li~t. certifcetion, end map (lee attached) 2 copies of proPerry's legll de~cr,ption Is recorOed in the Office ol the County Recorcler (.'~ONOITIONAL UEE II)ERMIT Environmental Assessment Fee IUBMIT: 1 completed and a~gnecl application 1 coml~eteO incl s~gnecl Environmental AMel&menl form (including phol(x Ind tOpOgraphy mac) w;th lite n(:~e~) 25 copies ol complete incl iccurate plot ptln (lee Information Chectdilf unOer column Conclit)onat Use 1 Copy of Assesso(I MaD Ihow~ng parcel 2 copies of property owners notif,cation Imt. certifc4tion, irK! mad (lee attached) 1 ,~AN 53 {Sewer & Water AvlilabilJty) letter fTom Riversicle County Helfth Department for Mobile- home Park. RV Park, Public Campgrounds and Travel Trailer Parks coo. es of DroDertY'l legal descriphon as recorded in the Office of the County Recorcler CASE' ~ EA t~ STAFF USE ONLY ENWRONMENTAI. INFORMATION FORM Please COmDlete Parts I Incl II of th~S form and c)rov~de all of the ldd~honll n'tater~als rlclUelted ~n Part III Flulure to do so ma~ ~elay l~e tewew and Dryess of your prolect It you are unable to ~ov,ae t~e ~nformlhon, Or you ~ed iss~stance Dlease tee fr~ to ContaCt the Pllnn~ng Detriment at (714i 787-6418. PART I: General Information 1 What is ll~e Total Acreage involved') 13 .$ acres I$ there i Drewous aoohcahon filed for tl~e same s~te~ YES3~7, NO If "Ye[" Drov~e Case Numar. Also DrowOe t~ E~wr~ntll A~ment Numar, Rein Numar, ff IDph~ble. CASE NO P]0~ Plan (Parcel MaD. Z~e C~. etc.) ~ NO. If Khan), EIR NO. 3. A~it~l comments you may w~sh to $uDDly r~lrdi~ your ~O~ (A~lch PARfl' I1: Environmental Oueationnaire 1. Is the project within an AIQuist*Pnolo Special Studies Zone? YES D NO To aleten'nine if your DrOteCt is located mna SDeclll Studms Zone, contact the Public Information Section. or rare, to ~1 Study Zones MaDS available at the Public Information Courtier of the Planning Debartruant. If the DroJect ~s w*th,n ZOne, refer to Orclinance 547 1, Or d~scuss the situation with t~e County Geologist. If a fault hazard reDoft ~s necessa~. coml~ete the invast~gahon I:~nor tO submitting your I~oDlicat,on and Drovide 6 coc)~e$ the report with this form If a waiver of the requirements ts granled, Submit a cODy Of the waiver w~th this form 2. Is the Droiect IocateO within a hazarcl management zone or liQuifachon ired Is shown on roaDS of the "Setstoic Safety E~e- ment Technical ReDo~"'? YES: NO :x To determine if your Drolec! ~5 subject to the gablogic hazards noted above you Should COnSult the "Seismic Safety & Element Technical Re~:)ort' which is available at the Pubic Information Counter of the Planning Debartruant If the answer to clueShon a~2 ~S "Yes." contact the aDDroDriate GeograDhic Planning Telm Section to discuss aDc),oDr=a~e measure to m~mm~ze the hazard IncorDorate any mihgahon measures into the Droject Clestgn Dnor tO $ubm~tt mg the aOOI lion Or indicate tn the sDace Drovlded ~1ow the results of your discusiOnS with the Planning Team. 3. If your Drolect is in the dese~ area. is ~t within a blowsan~ hazarcl area'~ YES ~ NO ~ The Planning Offices ~n Ind~o and Rwers*de w~11Drowde you with informabort concertorig blovv~nd hazards You may a'sc wish to contact the US Soil Conse~ahon Service If your Drolect is subleer to blowsand hazards. submit a t:)iowsan~ control Dian with the aDDl~Cahon. (Also refer tO Sec!~o~' of Ordinance 460. if your Droject Is a Darcel mad or subchris,on) 4. Is water se~wce available at the Dro)ect s~te'~ YES)[~ NO - If "No." how far must the water line(st be extended to Drovide service~ Number of feet or miles Fu~her exDlanatlOn: 5. Is ~ewer ~e~ice available at the site? YES r~x NO D If 'No," how far must the water line(s) be ex~en0ed to provide Number of feet or miles 6. AcIclitional Comments: PART III: Additional Materials The following items must be dubmilled with this form: 1. At Wast three (3) Dano~lmic Dhotc~rlDhS (color prints) of the project lite, o~ an aerial DhOlO Of the site If color phOtogra~:)~s Ir~ ulillze~[ inclucia I m~p iclenlifylng: & The Dolition from w~ich each Dhologrlph was taken I~ The area of coverage of each ~ctogral~ 2. A clair photocolby (Xerox or similar CODy) of the aOOroc~nate Dorhon of the U.S. Geological Survey quadrangle ma~ cleun. eating the bounOar~es of the prosac1 lite. Also note the lille of the mlp. I ce~lity lhlt I hive mva$1~ile~l the Questions in Plrts I IncI II end the answerS Ire true and correc~ to the ~est ot my ~e. Vtin~:en~ ¢. (Jnoh/Jr. Planner __ SiGNATUrE ECONOMIC AND HOUSING LOANS Riverside County APPROX]IqATELY $3..5 RILLZON HAS BEEN HADE AVAILABLE FOR ECONOe!IC DEVELOPMENT AND HOUSING LOANS IN 1988. APPLICATIONS CAN BE FILED WITH THE RIVERSIDE COLJNTY OEPARTHENT OF [CON0I'I]C AND COt~lUN1TY DEVELOPHINT LOCATED AT 3499 TENTH STREET, P.O. BOX 1180, RIVERSIDE, CALIFORNIA, 92502. COI'~UN]TY O[VELOPHENT BLOCK GRANTS (CDBG) FROM THE U.S. DEPARTI'$[NT OF t10US~NS AND URBAN DEVELO~[~ ARE USED TO CREATE AND SAVE JOBS ~D HOUSZNG FOR LO~; A:~ ~D[RAT[ INC~ ~OUNTY RES]DENTS. THE LOANS HAVE BEEN USED FOR ~[RCIAL, I~STRI~, H~SZNG ~ INF~U~R[ PROJ[~S. COI~ERC]AL AN~ ]NDUSTRIAL PROJECTS WH]CH SAVE OR CREATE JOSS FOR LO~: Ir~:9%: RESIDENTS, CAN RECEIVE LOW INTEREST, PARTIAL FINANCING. UP TO 33 PERCE~T OF THE TOTAL PROJECT CAN BE FINANCED. THE ~AXIII~I LOAN 1S $S00,000 AND THERE ~S ~ CAP OF $15,000 LOANED PER JOB CREATED OR RETAINED. THE HOUSING LOAN FU~D CA~, LOAN UP TO SO PERCENT OF THE COST FOR CONSTR~CTID~ OR REHAB:LITATION 0= L~,, INCOfiE HOUSING. FUNDS lidST BE FULLY SECURED BY REAL PROPERTY AND SUBSTA)~C:A. DEVELOPER EQUITY IS REQUIRED. THE LOAJ( FLII~Z) IS OFFERED JOINTLY BY THE COUNTY AND SEVENTEEN OF ITS CITIES. FOR FlIRTHER ]NFORI'tATION, CONTACT YOUR CDBG AREA REPRESENTATIVE OR STRODTBECK AT (7~4) 788-g770. 2/8'J :IiVL OlD; county PLAnnin(; DEPA::ICr;I;nC HAZARDOUS t4J4.~TE SITE ZNFO4~ATZON FORM Government Code Sectton 65952.5, ~ich became effective July %, $987, requires the applicant for iny develop~nt project to consult specified state*prepare~ lists of h&zardous waste sites and $ub~tt a signed statement to the local agency Indicating ~e~her the project ts locat~ on or near an tdenttfte~ site. Under the statute, no application shall be accepted ~thout this signed statement, To determine if your project ts within the one-~tle radius of a hazardous .aste stte refer to the following ltst of state 1denttried Hazardous Waste Sites. Identify the listed site by pla:ing a check in the space provided, and sign date tqis for~ on the last pmge. Is the project within a one-~ile radius of an identified hazardous waste site? Yes No X ¥RCB LEAK SITES Desert Center L~er Coachella Valley Desert Center I~aint. Starlot 129475 Hi;~way 6~ Desert Cente~, C~ ~2239 H & H Ranch 8T-050 ~venue 71 Oasis, CA 9227~ Woodcrest Whitewater Cha-lebois Liquors 21840 Alessandro Bld. Edgemont, CA 92388 Whitewater Micro Whitewater Avenue Whitewater, CA g2282 11ecca Sun City Coachella Valley Farming 91-BO0 Avenue 64 Heccm, CA 982254 San Jactnto Valley Dist. O"ice 26100 Menifee Road Romoland, CA 923BD Chevron Service Station 91200 Highway lg Iqecca, CA 92254 . Cherry Hills Golf Club. Inc. 26600 Sun City Blvd. Sun City, CA 923B! CV Minimax 9120! Avenue 66 Hecta, CA g225~ Shell Service Station 26730 Sun City Blvd. Sun City, CA 923B1 4080 LEMON STREET. 9" FLOOR RIVERSIDE. CALIFORNIA 92,501 (714) 787-6181 4G-2090ASIS ST~EE' =:3r.' ~:- INDIO CAL'FO;:', -* '.-:-:' ~6'~ 3-: ~:-- ¥RCB LEAK S%TES ¢¢onttnued) Ju~pa Chevron Serv$ce $tatton J7713 ~5623 Ntsston Boulevard Rubtdoux, CA 92509 Tmcula ~Borg W&rne~ Nechantcal Sea1 27942 Front Street Tamecull, CA 92390 Chevron Servtce Starton t1870 ~Z890 Rancho California Road Te~ecula, CA 92390 DHSO A~ANDONED HAZARDOUS WASTE SITE Rtpley Water Aviation Service ~Z5980 Neighbors Blvd. Rtpley Airport Rtpley, CA 92272 DHS2 PUBLIC WELLS SERVING LESS THAN 200 CONNECTIONS Jurupa West Rfverstde N~C 02 ~NW~,SE~,Sec.lO,T2S.RS~ . Warsaw Water Coe~pany (1) NW~,SE~,Sec. IO,T2S,RS~ East Corona Buschltn, Dwight SW%,NC~,Sec.28,T3S,R$~ Ho,~e Gardens Schoo~ SW~,SW~,Sec.28,T3S,R$~ Lower Coachella Valley Desert Fruit SW~,SW~,Sec.13,T6S,RS£ Cy Nourad~ck Domesttc NW~.NEk,Sec.33,TTS,RS£ Ed~ard Karo Ranch SEW,NW~,Sec.3,T8S,R8£ Cruz Camp (J2) SWW,SW~,Seco20,TTS,R23£ OHS3 PUBLIC WELLS SERVING HOR[ THAN 200 CONNECT]ONS ~urupa Rubidoux CSD (~24,22) NE~,N~k,Sec,21,T2S,RS~ Rubtdoux CSO (~ll) NW~,NW~,Sec.2I,T2S,RS~ R~btdoux CSO [#4 (Skotty)] ~NEk,16/k,sac.ll,T2S,RSkr ~urupa CSO (Sunnyslope 3) S¥~,NEW,Sec.8,T2S,RSW ~urupa CSO (Mira Loma t6) NEk,NEk,Sec. S,T2S,R6W Jurupa CSO (#Jra Loam SEk,NW~,Sec.9,T2S,R6~ Jurupa CSD (Well ll, Sky Country) ~W,SE~,Sec,~O,T2S,R6~ Jurupa CSD (Russel 8) NWW,SE~,Sec.g,TZS,R6~ Santa Aria River Water Co. (~7) Santa Anm River ~ter Co. --SEW,N~,Sec,~g,TZS,R2E __Jurupa CSO (Ped~ey 2) SIntl ~1 Rtver ~ter Co. I~l~1 P~LZC WI~LLS ~RVZI~ ~ THAI ZOO CX!IEL'TlOIS (Celttilled) Woodcrest Sin Jictnto (Continued) Nmrch AFB I! --#W~,NW~,,Sec.24,T3S,R4W Elstern MVO (f2418 Washington) · ~ NW~,SE~,SeC.6,TSS,R1E L&kevtw/Nuevo N~evo Water Co (fll) --I¢I~,NE~,Sec.li,T4S,R~ Pine Cove Pine Cove CWD (fll) ~#E~oSE~,Sec.Z~TSS,R2E Pine Cove CWl) (f3) ~SE~,NW~,Sec.liTSSoR2E Like H~BIt NWO (flA) ~11/Ii,SWIi,Se¢.IO,TSS,RIE Like H~met I~ (JlO) W NEk. NW~.hc.8,TSS.R1E Like gmet ~ (A) --NE~,~,~c.18,TSS,RIE Lair Berdoo Cinyon Myomm Dunes ---'SWI~,I~d~,Sec.8,TSS,R8E Idyllwild WD (Foster Lake ~10) ~NE~,NW~,Sec.12,TSS,R2E __Mya~ Dunes ~C (Kingston SE~,NW~,Sec.17.TSS,R7E Idyllwild WD (Foster Lake ~NW~,NW~,Sec.12,TSS,RZE Idyllwild Like Elsinore Elsinore Water Dist. (~5) ~NE~,NE~,Sec.ZS,T6S,RSW Idyllwild CWD (Fern Valley #2} N£~,NE~,Sec.7,TSS,R3E Elsinore Villey N~D (Sedco #3) W MW~,SW~,$ec.22,T6S,R4W list Corona Home Gardens Water Co. ~NE~,SW~,Sec.28,T3S,R6W Elsinore Vll. ~ (Sky Meadows ~1) · NE~,SWti,Sec.2$,T6S,RSW Sedco Wtldo~r Home Gardens Water Co.(J2) NW~,NW~,Sec.28,T3S,RSW w Fltppin (t3) SE~W~,Sec.27,T6S,R4W ~ltmesa Murrtetl ~outh Mesa Water Co-Calt~sa(f16) NW~,NW~,Sec. I4,T~S,RZW ~outh Nesi wirer Co. (dll) ~"NE~.I~d~,Sec.14,T2S,RZW C&blzon &ensen Wirer Co. ---'NE~,NW~,Sec.~3,T3S,R~E ~rrtetl Mutual Water Co. · ~1tdiy Well NE~,N~,Sec.)0,T7S,N)W , RAncho Oil we) (riOS) NWlm,SWli,Sec.~S,T7S,R3W Eisf~m Muntctpml wirer Dist. (Murrteti #St3 (O~t of ~ervtce) NW~,NW%,Sec.~4,T7S,R3W Sin ~ctnto RAncho Callforntl Eastern le~ (10041) ~Sl/~,SE~,Sec. ZS,T4S,R~W RAncho ~1 W1) (fll4,113) DHS5 (SXT£$ INCLUDED tillER Ju~pa m Strtngfellow ~zardous ~ste Site 3940 Pyrtte Street Z (we) certify that ! (re) have Investigated and completed this hazardous waste stttng ram, and that m.v (our) Inswrs are t~ue and correct to the best of (our) knowledge. Owner/ Representative (1) Vincent C. Onoh Date January 20, 19~9 Representative (2) Date RiVERSiDE counc,,. PLAnninG DEPARCI EnC ENVIRONMENTAL ASSESSMENT FORM: STANDARD EVALUATION ENVIRONMENTAL ASSESSMENT (E.A.) NUMBER: 33522 PROJECT CASE TYPE(s) AND NUMBERS(s): Plot P1 an No, APPUCANT'S NAME~ ']David E. Walsh and NAME OF PERSON(s) PREPARING EA.: Randy Wil son L PROJECT INFORMATION A. DESCRIPTION (include Droposed minimum lot size and uses as applicable): To chanqe the zone on 13.8 acrP~ frnm R-.%'~r~qR tn p,_3_2750 unit annrt. m~nt rnmplPx MODULE NUMBER(s): 119 11001/ Change nf 7nnP Nn. 5~R5 and construct a 220 B. TOTAL PROJECT AREA: ACRES 13.8 ; or SQUARE FEET C. ASSESSOR'S PARCEL NO.(s): 921-370-002 and 921-370-~)02 D. EXISTING ZONING: R-3-3000 IS THE PROPOSAL IN CONFORMANCE? E. PROPOSED ZONING: R-3-7750 IS THE PROPOSAL IN CONFORMANCE? F. STREET REFERENCES:South of Margarita Road and North of Rancho California G. SECTION, TOWNSHIP, RANGE DESCRIPTION OR AI'rACH A LEGAL DESCRIPTION: 5ec 36, T75, R3~ H. BRIEF DESCRIPTION OF THEEXGTING ENVIRONMENTAL SETTING OF THE PROJECT SITE AND ES SURROUNDINGS: Project site contains a slooina ridae with qrassland B. COMPREHENSIVE GENERAL PLAN OPEN SPACE AND CONSERVATION DESIGNATION Check the ~oproprtate option(s) below and proceed ~:x:ordingly. [] All or part of the project site is in "Adopted Specific Plans," "REMAP" or "Rancho Villages Community Policy Areas". Complete Sections III, IV (B and C only), V and Vl. l~l All or part of the project site is in "Areas Not Designated as Open Space". Complete Sections III, IV (A, B and D only), V and Vi. [] All r~ ~ ~ the arr~iect site has an Oaen Sl~aCe and Consewation designation other than those mentioned III. ENVIRONMENTAL HAZARDS AND RESOURCES ASSESSMENT Indicate tim nature of the proposed land use a~ ~leterminad from the o~scdptions as found in Comprehensive General Plan Figure VI.3 (Circle One). This information is neoeseary to clet~'mine the a,opropriste land use ~ultability ratings in Section Ill. B. NA - Not Applicable Critical Eseential Normal-High Risk Normal-Low Risk Indicate with & y~s (Y) or no (N) wheth~ any environmental h~,?-rd and/Or _resource issues may lignif~,antly affect or be affected by the proposal. AJl referenced figures are containacl in the Comprehensive General Plan. For any issue marked yes (Y) write ldditionaJ data sources, agencies consulted, findings of fact and any mitigation measures under Section V. Nso, where indicated, ctrcte the Ilopropriate land use suitability or noise au:x~eptability rating(s). (See clefinitions at bottom of this page). HAZARDS 2. N 4, Y 5. N 7. N 8. N 9. N ~o. N 11. ~ Alcluist-Priolo Special Studies or County Fault Hazard Zones (Fig. VI.1 ) NA PS U R (Fig. Vl.3) Licluefaction Potential Zone (Fig. VI.1) NA S PS U R (Fig. Vl.4) Groundshaking Zone (Fig VI.1) NA S PS U R (Fig. Vl.5) Slopes (Rev. Co. 800 Scale Slope Maps) Landslide Risk Zone (Rev. Co. 800 Scale Seismic Maps or On-site Inspection) NA S PS U R Rockfall Hazard (On-site Inspection) Expansive Soils (U.$.D.A. Soil Conservation Service Soil Surveys) Erosion (U.S.D.A. Soil Conservation Service Soil Surveys) Wind Erso$ion & Blowsand (Fig. VI.1, Ord. 460, Sec. 14.2 & Ord. 484) Dam Inundation Area (Fig. Vl.7) Floodplains (Fig. Vl.7) NA U R (Fig. Vl.6) (Fig. Vl.8) 12. I~ Airport Noise (Fig. 11.18.5,11.18.11 & V1.12 & 1984 AICUZ Report, M.A.F.B.) NA A B C D (Fig, VIA 1) 13. N Railroad Noise (Fig. V1.13- V1.16) NA A B C D (Fig, VI.11) 14. Y Highway Noise (Fig. V1.17 - Vl.29) NA A B C D (Fig, V1.11) 15. Other Noise NA A B C D (Fig, VI.11 ) 16. I~l Project Generated Noise Affecting Noise Sensitive Uses (Fig. VI.11) 17. ,~ Noise Sensitive Project (Fig. VI.11) 18. I~ Air Quality Impacts From Project 19. N Project Sensitive to Air Quality 20. N Water Quality Impacts From Project 21. ~ Project Sensitive to Water Quality 22. ~J Hazardous Materials and Wastes 23. N Hazardous Fire Area (Fig. Vh30- Vl.31) 24. N Other 25. Other 26- N 27. N 28. Y 3~. N RESOURCES Agriculture (Fig. Vl.34 - Vl.35) In or Near ~n Agricultural Preserve (Rev. Co. Agricultu~ Land Convemation Contract Maps) vegemuon (F~O. Vt.3~ - Vl.40) Mineral Fiesou _r~e~__ (Fig. VI.41 - VI.42) Energy Re.Jmes (F~;. ~3- vt.44) 32- N Scenic Highways (Fig. VI.45) 33. N Historic Resources (Fig. Vi.32 - VI.33) 34. Y Archaeological Resources (Fig. Vl.32 - Vl.33 & Vl.46 - Vi.48) 35. Y Paleontologioal Resources (PaJeontological Resources Map) 36. Other 37. Other Definitions for Land Us® Suitability and Noise Acceptability Ratings NA - Not Applicable $ - Generally Suitable PS - Provisionally Suitable U - Generally Unauttable R - Restricted A - Generally Acceptable B - Conditionally Acceptable C - Generally Unacceptable D - Land Use Discouraged IV. LAND USE DETERMINATION A. Complete this part unless the project is located in "Adopted Specific Plans", 'REMAP" or "Rancho Villages Community Policy Areas." 1. OPEN SPACE AND CONSERVATION MAP DESIGNATION(s): Nnt dm;iqnmt~d ~ nn~n ;n~rp 2. LAND USE PLANNING AREA: Southwest Terri tory 3. SUBAREA, IFANY: Rancho California/Temecula 4. COMMUNITY POLICY AREA, IFANY: Rancho California/Temecula 5. COMMUNrTYPLAN, IFANY: Southwest Area Community Plan 6. COMMUNITY PLAN DESlGNATION(s), IF ANY: 8-16 Dwellinq units per acre SUMMARYOFPOUCIESAFFECTINGPROPOSAL: Under the Rancho California/Temecula policies, "Future land uses within this area generally should be Cateqory I or Category II." Under SWAP the project site is designated as 8-16 dwelling units per acre. So For all projects, inidcate with a yes (Y) or no (N) whether any public facilities 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 issue marked yes (Y), write data sources, agencies consulted, findings of fact, and mitigation measures under Section V. PUBUC FACILITIES AND SERVICES 1. Y cir~u~tion (Fig. IV.l-IV.11. Discuss in 10. N Sec. V Existing, Planned & Required Roads) 2. N Bike Trails (Fig. lV. 12-1V.13) 11. N 3. ~ Water (Agency Letters) 12- N 4. Sewer (Agency letters) 13. N 6, N Fire Services (Fig. IV.16 - IV.18) 14. N 6,, N ~ ~ (Fsg IV.17 - IV. 18) 7, Y Schools (Fig. IV.17 - N.18) 8- N E~lid Waste (Fig. IV.17 - N.18) g_ N Parks and ~tion (F'ig. IV. lg - IV.20) 15- N 16- N Y Equestrian Trails (Fig. IV. 19 - IV.24/ Riv. Co. 800 ScaJe EQuestrian TrsJl Maps) Util'ffJes (Fig. IV.25 - IV.26) Libraries (Fig. IV.17 - IV. 18) Heath Sen~=es (Fig. N.17- N.18) NrlX3rts (Fig. 11.18.2- 11.18.4, 11.18.8 - 11.18.10 & IV.27 - IV.36) City &ohem of Influence Other Within the new citv nf Temecul a If all or part of the project is located in 'AdOl:Aod SDocific Plans", =REMAP" or "Rancho Villages Community Policy Areas", mvlew in detail the ~oectfic policies applying to the Im'Ol:x)sal, and complete Ihe following: 1. State the relevant land use designatlo~s): 2. Ba~ed on this initial study, is the proposal consistent with the policies and designations of the appropriate document, and therefore ¢~3ststent with the C, omprehensive General Plan? If not, ax,olain: IV. LAND USE DETERMINATION (continued) D. If all or part of the project Nte is in "Areas not Designated as Open Space", and is not in a Community Plan, complete Cluestions 1, 2, 3, 6 and 7. Complete cluestions 4, 5, 6 and 7 If it is in a Community Plan. 1. Land use category(ies) necessary to ~upport the proposed project. Also indicate land use type (Le. residential, commercial, etc.) Cateqorv I Residential e Current land use category~ies) for the site based on existing conditions. (Le. residential, commercial, etc.) Category ! Residential Also indicate land use type 3. If D.1 differs from D.2, will the difference be resolved at the development stage? Explain: 4. Community Plan designation(s): Southwest Area £~mmunif,v Plan R-1F~ Hwpllinn unit~ her acre 5. Is the proposed project consistent with the Dolicies and designations of the Community Plan? If not, explain: Yes 6. Is the proposal compatible with existing and proposed surrounding land uses? If not, explain: Yes 7. Based on this initial study, is the proposal consistent with the Comprehenaive General Plan? If not, reference by Section and Issue Number those issues identifying inconsistencies: Yes E. If all ~' part of the project Nte is in an Opan ,~3ace and Consen~tion ciesignation, complete the following: 1. State the designation(s): 2. b the ~ consist~t with the ;lesignation(s)? If not, exr~n: 3. Based on this initial ~udy, is the proposal oon~t w~ If~ Comprehensive General Plan? If not, reference by Section and Issue Number tho~e issues identifying inconsistencies: V. INFORMATION SOURCES, FINDINGS OF FACT AND MITIGATION MEASURES A. ADDITIONAL INFORMATION REQUIRED BEFORE ENVIRONMENTAL ASSESSMENT CAN BE COMPLETED: DATE DATE ADEQUACY SECTION/ INFORMATION ~FORMAT~N INFORMATION DE'r~MINA~O~I ISSUE NO. REQUIRED REQUESTED RECEIVED (YES~O,DA~) III B4 Slope Stability Report Yes III B14 Noise Study Yes III B28 Biology Report Yes III B34 Archaeological Report Yes IV .BI~ Traffic Studv Yes Bo For each issue marked yes (Y) under Sections III.B and IV.B, identify the Section and issue number and do the following, in the format as shown below: 1. List all additional relevant data sources, including agencies consulted. 2. State all findings of fact regarding environmental concerns. 3. State specific mitigation measures, if identifiable without requiring an environmental impact report (E.I.R.) 4. If additional information is required before the environmental assessment can be completed, refer to Subsection A. 5. If additional sheets are needed to complete this section, check the box at the end of the section and attach the necessary sheets. SECTION/ ISSUE NO. SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MITIGATION MEASURES: III B4 A Slope Stability Report was done on the nroject's proposed qradino. Mitigation measures for the proposed grading are outlined in the County Geologist's letter dated 8-18-89. III B14 A noise study was done for this project. Mitigation measures are outlined for the noise identified in the noise study in the Count~ Health-Special %ervices letter dated 9-22-89. III B28 A Biological Report was performed to survey the biological resources o~ the project site. S~ephens' Kangaroo Rats were found to occupy part of the site. Mitigation measures to be taken are the participation ~f the developer in the Habitat Conservation Plan and Or~inaQce 663 as outlined in the Conditions of Approval. II! R~4 An Archaeological Report was done on the project site. No archaeological resources were identified on the pro.iect site and no mitigation measurP~ required for the project. III B35 The potential for Paleontoloqical resources on the pro.iect site exits. The condition~j' of aporoval require a Paleon~otogical study be Der¢ormed prinr to the site beino Qraded. If paleontological resources are identified as likely V. INFORMATION SOURCES, FINDINGS OF FACT AND MITIGATION MEASURES (continued) SECTION/ ISSUE NO. IV B1 IV B7 IV B17 SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MmGATION MEASURES: in this re~ort a qualified Paleontologists shall be nresent dur-inq qradina. A Traffic Study was performed for this project. Mitigation measures for circulation impacts identified in this study are outlined in the County Road Depatment's letter dated 8-14-89. Impacts to the school system servino the area the Dro~ect i~ located in ar~ tO be mitigated per California Government CodeSection 53080 of AB 2926 and SB 327 as indicated in the school letter dated 2-16-89. No i.m.E~%s to the new City of Temecula are identifi~. The nrn,i~ is* identified as being within the new City of Temecula. VL ENVIRONMENTAL IMPACT DETERMINATION: The IxoJect ~11 not have m Mgnificant effect off the ertvirortment and & Negative Declaration may be (or) The I~r~ject ~ld have a ~ig~iftcant effect off the emtir~tme~t; however, there will not be a significant I oject and a Negative Declam may be pmparKI. (or) RIVERSIDE COUNTY PLANNING DEPARTMENT NEGATIVE DECLARATION AND NOTICE OF DETERMINATION DUPLICATE COPY Case No. (Mod) CZ 5385/PP 11001 EA No. 33522 NEGATIVE DECLARATION Based on the Initial Study, it has been determined that the proposed project will not have a significant environmental effect. PROJECT DESCRIPTION AND LOCATION: Roger S. Streeter, Planning Director COMPLETED By Randy Wilson Date 12-6-89 See attached Initial Study Title Planner II Land Div Sch Developable Lots Open Space Lots R-3-2750 13.8 Case No.(Mod) CZ 5385/PP 1100] Appl/Rep David k. Walsh a Co. Date Submitted 1-27-89 Existing ZonesR-3-3000 Changes of Proposed Zones Only Zoning Acreage Dev. Ac O.Sp. Ac Person verifying adoption Randy Wilson Date 12-6-89 (Other) ADOPTED Board of Supervisors Planning Commission Area Planning Council I'lP-T~-~ning Director HEARING BODY OR OFFICER NOTICE OF DETERMINATION ~ Board of Supervisors ~Planning Commission I-1 Area Planning Council l~P--[~-~ning Director I~ (Other) ACTION ON PROJECT ~]( Approval ~ Disapproval Date Developable Lots Dev.Ac 13.8 Open Space Lots O.Sp. Ac Changes of ~pproved Zones Only Lones R-3-2750 Acreage 13.8 The project will not have a significant effect on the environment and a Negative Declaration has been adopted and may be examined at thePlanning Department at the address below. Person verifying action Randy Wilson Title Planner II RIVERSIDE COUNTY PLANNING DEPARTMENT 4080 LEMON STREET, 9TH FLOOR IVERSIDE, CA 92501 1st White Original - County Clerk 2nd Canary - Case File 3rd Pink - Scheduling 295-31 (Rev. 10/8:3) COUNTY STAMP CITY OF TEMECULA CITY MANAGER'S REPORT AB#: TITLE: DEPT HD. MTG: 02-06-90 PERSONNEL REPORT CITY ATTY DEPT: CM CITY MGR RECOMMENDED ACTION It is recommended that the City Council: 1. Adopt a basic Personnel Resolution (as suggested by the Consultant IEM) 2. Adopt classification titles and salary ranges. 3. Adopt a Wage Administration policy. 4. Adopt a Categories of Employment policy. BACKGROUND At the direction of the City Council the attached study has been prepared by Mr. Michael Deblieux of Ideas for Effective Management. In addition, Mr. Deblieux is preparing the additional classification title and salary range data for Manager of Information Systems as directed by the City Council on February 6, 1990. This additional information had not been fully developed to include with this report but will be provided to the Council prior to the February 13, 1990 meeting. FISCAL IMPACT The fiscal impact should be within the parameters of the Draft 89-90 Budget for Seven Months (Exhibit "B") as presented at the Budget Workshop held on January 20, 1990. Exact calculations are impossible to determine until hiring of the recommended positions is completed. ALTERNATIVE Refer back to staff with any additional instructions the Council desires to give. RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ESTABLISHMENT OF PERSONNEL POLICIES WHEREAS, pursuant to the authority under Chapter 2.08.060(b) of the City's Municipal Code, the City Manager has the authority to hire, set salaries and adopt personnel policies; and WHEREAS, the City Manager has recommended and the City Council now wishes to adopt those policies as identified below; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Temecula as follows: Section 1 The following Personnel Policies are hereby adopted pending the adoption of a comprehensive personnel system pursuant to Section 45001 of the California Government Code: Position Titles & Salaries (Exhibit A) Wage Administration Policy (Exhibit B) Categories of Employment Policy (Exhibit C) Such policies are attached to this Resolution and incorporated herein by this reference. Section 2 These Personnel Policies shall become effective immediately and may be thereafter amended. Section 3. The City Manager shall implement the above policies and has the authority to select and appoint employees in accordance with these policies. Section 4. All prior resolutions and parts of resolutions in conflict with this Resolution are hereby rescinded. APPROVED AND ADOPTED this 13th day of February 1990. ATTEST: Mayor City Clerk [SEAL] Resos/9011 02/08~90 ~r~ Ideas for Effective Management City of Temecula P.O. Box 3000 Temecula, CA. 92390 Classification Titles, Salary Ranges and Initial Personnel Policies Report & Recommendations February 7, 1990 Presented By: Mike Deblieux Ideas for Effective Management 14181 Yorba Street - Suite 206 P.O. Box 3253 Tustin, CA. 92681-3253 (714) 669-0309 PO. Box 3253 · Tustin, CA 92681 · 714 - 669-0309 ....... · ~e~r~ Ideas for Effective Management February 7, 1990 Frank Aleshire City Manager City of Temecula P.O. Box 3000 Temecula, CA. 92390 Dear Mr. Aleshire: Per your request, we have obtained additional salary data for the City's proposed position titles. The enclosed report includes a salary survey (Attachment II - Page 21) which reflects data from nine other agencies in your general area. It also includes information from the Merchants and Manufacturers Association Inland Empire 1989 Wage Rate Survey. In addition, we have considered data provided to you by interested Temecula citizens. Based on our review of this data and the feedback provided by the City Council, we have revised our salary range recommendations (Attachment I, Exhibit A - Page 12). Generally, we have placed the recommended salary ranges at or slightly above the median rates shown in the survey. We believe the recommended ranges will permit the City to recruit qualified staff. We have also included a basic Wage Administration policy to guide the City in administering salaries within the recommended ranges. In addition, a Categories of Employment policy is included to allow the City to designate the employment relationship with employees as they are appointed. These policies are included with a recommended Resolution (Attachment I, Page 12) for City Council adoption. Should you have any questions regarding this information, please feel free to call upon me. Yours truly, Michael R. Deblieux CC: Scott Field, Esq. Linda Daube, Esq. cwp50tembudgetl.t~m P,O. Box 3253 · Tustin, CA 92681 · 714 - 6694~309 City of Temecula Table of Contents February 7, 1990 Recommendations ....................................... 1 Issues ............................................... 1 Background ........................................... 1 Analysis .............................................. 2 Job Concept Summaries ................................. 2' City Manager ..................................... 2 Assistant to the City Manager .......................... 2 Organization Chart .................................. 3 Administrative Assistant .............................. 4 Executive Secretary ................................. 4 Administrative Secretary .............................. 4 Secretary ........................................ 5 Office Assistant .................................... 5 City Clerk ....................................... 5 Deputy City Clerk .................................. 5 Director of Finance ................................. 6 Accountant ....................................... 6 Account Clerk ..................................... 6 Director of Planning ................................. 6 Senior Planner ..................................... 7 Associate Planner ................................... 7 Assistant Planner ................................... 7 Planning Technician ................................. $ Salaries ............................................ 8 Wage Administration Policy .............................. 9 Personnel and Resolution ................................ 9 Conclusions ........................................... 9 Salary Relationships ................................. 10 Attachment I .......................................... 11 Exhibit A .................. ' ........................ 13 Exhibit B ........................................... 14 Exhibit C .......................................... 17 Attachment II .......................................... 20 C~ -F 0 c c q- 0 T --F --T o ~ 0 F L~ F City of Temecula Classification Titles, Salary Ranges & Initial Personnel Policies Report & Recommendations February 7, 1990 Recommendations: 1. Adopt a basic Personnel Resolution which will require further revision with the development of personnel policies (Attachment I). 2. Adopt classification titles and salary ranges (Attachment I, Exhibit A). 3. Adopt a Wage Administration policy (Attachment I, Exhibit B). 4. Adopt a Categories of Employment policy (Attachment I, Exhibit C) The City needs to develop a system for establishing positions, recruiting staff and compensating employees. Background: At the request of Frank Aleshire, City Manager, we developed preliminary job description concepts and salary information for the City of Temecula. Our preliminary report was presented on January 16, 1990. Following a review of our preliminary report by the City Manager and the City Council, we were asked to conduct a more detailed salary analysis based upon comparisons to other organizations in the geographic area surrounding Temecula. Based on this feedback, we have surveyed nine other municipal organizations (Attachment II). We have also considered, where appropriate, salary data from the 1989 Merchants and Manufacturers Association Inland Empire Wage Rate Survey and information provided by interested Temecula citizens. Based on this data and discussions with the City Manager, we have revised our preliminary salary recommendations. This report includes brief, job concept summaries which are designed to provide a framework for discussions about the number and types of positions needed for the City. Our recommendations include a Wage Administration policy and a Categories of Employment policy. As the City develops, additional personnel policies will need to be developed and adopted. These two policies are critical to the recruitment and appointment of staff. We have also included a recommended Personnel Resolution. We would expect it to be amended frequently as the Personnel system develops and as changes are made to the City's organizational structure. City of T~ula - Classification Titles, Salary Ranges & Initial Policies 1 Analysis: Job Concept Summaries Based on our brief discussions with Mr. Aleshire and our experience in other municipalities, we have developed the following paragraphs to summarize the job concepts for recommended positions. A preliminary organization chart which shows the relationships between positions is shown on the next page. The proposed job titles include: City Manager [1 position]: The City Manager is the administrative head of the City's organization. The position reports to and serves at the pleasure of the City Council. The City Manager is responsible for recommending a wide variety of policies, procedures and practices to the City Council. The City Manager implements City Council policies and makes a variety of day to day administrative decisions to assure the efficient and effective delivery of municipal services. Qualifications: Bachelor's degree from an accredited college or university with major course work in public or business administration or a closely related field. A Mastefts degree is preferred. Five years of progressively responsible experience in municipal government which involved developing and administering organization wide policies and procedures, supervising management level employees, developing and maintaining effective working relationships with outside organizations and a wide variety of involvement in municipal programs. Assistant to the City Manager [1 position]: This is a staff level, professional, public administration position. It reports to the City Manager and is expected to have knowledge of a variety of City programs and departments. Typical duties will involve researching and analyzing administrative, legislative, budget and other issues. An incumbent will prepare and present written and oral reports. Qualifications: Bachelor's degree from an accredited college or university with major course work in public or business administration or a closely related field. A Master's Degree in public or business administration or a closely related field is desirable. Three years of experience related to the development, evaluation and recommendation of policies, procedures and programs, and the research and analysis of local government or business programs. City of Te~cula - Classification Titles, Salary Ranges & Initial Policies 2 Administrative Assistant [1 position]: This is an entry level staff position. It could be assigned to any City department. An incumbent will perform general administrative tasks in support of departmental operations. Duties will involve researching, writing and presenting reports and recommendations on a variety of topics. Qualifications: Bachelor's degree from an accredited college or university with a major in accounting, business, public administration, finance administration, personnel management, economics or'a closely related field. One year of experience researching, analyzing, and recommending policies, procedures or actions on a variety of administrative issues. (Specific experience may be required for some positions.) Executive Secretary [1 position]: This position will provide secretarial and administrative support to the City Manager. An incumbent will organize and maintain hard copy, word processing and other information for use by the City Manager, the City Council and staff. Duties will involve taking and transcribing dictation, typing reports and correspondence and drafting responses to routine inquiries. Calendar coordination, travel arrangements, setting up meetings and assisting callers will be important elements of this job. Assignments at this level require an incumbent to be familiar with a variety of City wide issues. Qualifications: Some formal training in secretarial skills and procedures. Approximately four years of highly responsible secretarial experience which involved general administrative responsibilities. Administrative Secretary [2 positions]: Positions at this level will provide secretarial and administrative support to a department head. Duties will involve setting up and maintaining files, typing reports and correspondence, calendar coordination, making travel arrangements, setting up meetings and assisting callers. Assignments at this level require an incumbent to be familiar with a variety of departmental issues. Some positions may be required to take and transcribe dictation or minutes of meetings. Qualifications: Some formal training in secretarial skills and procedures. Approximately three years of increasingly responsible experience performing general secretarial work which involved typing letters, memoranda and correspondence, maintaining filing systems and assisting visitors or callers. (Ability to take and transcribe dictation or minutes of meetings may be required for certain positions.) City of T~ula - Classification Titles, Salary Ranges & Initial Policies Secretary [1 positions]: Positions at this level will provide general secretarial support to an individual(s) or within a work unit. Duties will involve typing, filing, answering telephones, maintaining calendars and setting up meetings. Some positions may be required to take and transcribe dictation or minutes of meetings. Qualifications: Approximately two years of experience performing work which involved typing letters, memoranda and correspondence, maintaining filing systems and assisting visitors or callers. (Ability to take and transcribe dictation or minutes of meetings may be required for certain positions.) Office Assistant [4 positions]: This is a general office support classification. Incumbents will type, maintain files, answer telephones, make copies, assist the public and provide other support services. Qualifications: One year of experience which involved formatting, typing and editing memoranda, letters and reports. City Clerk [1 position]: This is a department head position. It is responsible for maintaining official City records. An incumbent takes and transcribes minutes of official meetings, prepares official ordinances and resolutions, serves as custodian of the City seal, processes information related to the Political Reform Act and administers municipal elections. Qualifications: Equivalent to a Bachelor's degree in Public or Business Administration or a related field is highly desirable. Five years of increasingly responsible experience providing support to a Council, Board, Commission or other body which involved developing agendas, taking and transcribing minutes and maintaining official records. Deputy City Clerk [1 position]: The Office of the City Clerk provides a variety of services which require official certification and verification of documents. In addition, office must provide transcription services at a variety of meetings, many of which are scheduled at after normal business hours. The Deputy City Clerk is authorized to act in the absence of the City Clerk and is able to substitute for the City Clerk at meetings. Qualifications: Some formal training in secretarial skills and procedures. Approximately three years of increasingly responsible experience performing general secretarial work which involved typing letters, memoranda and correspondence, maintaining filing systems and assisting visitors or callers. Ability to take and transcribe dictation or minutes of meetings is required. City of Temecula - Classification Titles, Salary Ranges & Initial Policies 5 Director of Finance [1 position]: This is a department head position. It will be responsible for administering the City's accounting, financial management, risk management and computer programs. Duties will include collecting and managing revenues and coordinating periodic audits of City financial records. Qualifications: Bachelor's degree from an accredited college or university with major course work in accounting or a closely related field. A Master's Degree from an accredited college or university with major course work in accounting or a closely related field is highly desirable. Five years of progressively responsible experience in financial management a portion of which involved supervising other staff involved in financial planning. Accountant [1 position]: This is a journey level accounting position. Duties will involve setting up and maintaining financial records for the City. Qualifications: Equivalent to a Bachelor's degree from an accredited college or university with major course work in accounting or business administration. Two years of experience in professional accounting work which involved maintaining a variety of accounts, providing reports of financial activity, auditing financial transactions, making adjustments and advising management on various accounting issues. Account Clerk [1 position]: This is the journey level clerical accounting position. An incumbent will prepare and process accounts receivable, accounts payable, cash receipt and other accounting related records. Qualifications: Two years of experience which involved keeping and balancing financial records. Director of Planning [1 position]: This is a department head position. It will be responsible for planning, organizing and directing the City's land use planning and zoning programs. Qualifications: Bachelor's degree from an accredited college or university with major course work in planning or a closely related field. A Master's Degree from an accredited college or university with major course work in planning or a closely related field is highly desirable. Five years of progressively responsible experience in municipal planning and community development which involved (1) researching, analyzing, developing, writing and presenting reports, and, (2) a portion of which involved supervising other professional staff involved in municipal planning. City of Te~cula - Classification Titles, Salary Ranges & Initial Policies 6 Senior Planner [1 position]: This is the highest level professional planner position in the Planning Department. Duties involve supervising other professional and support staff, as well as, performing the more difficult or complex planning work. Assignments will include advance and current planning work in support of the City's overall land use programs. Qualifications: Bachelor's degree from an accredited college or university with major course work in planning or a closely related field. A Master's Degree from an accredited college or university with major course work in planning or a closely related field is highly desirable. Five years of progressively responsible experience in municipal planning and community development which involved (1) researching, analyzing, developing, writing and presenting reports. Associate Planner [2 positions]: This is the journey level planner classification. Incumbents perform a variety of professional planning tasks such as researching, analyzing and interpreting social, economic, population and land use data and trends. Qualifications: Bachelor's degree from an accredited college or university with major course work in planning or a closely related field. Up to two years of experience (in addition to the experience requirement below) may be substituted for the required education on the basis of one year of experience for one year of education. Three years of experience which involved researching, analyzing, interpreting and making recommendations on information and data related to planning issues. Assistant Planner [1 position]: This is the entry level position in the planning series. Incumbents perform the more routine duties related to land use planning. Qualifications: Bachelor's degree from an accredited college or university with major course work in planning or a closely related field. Up to two years of experience (in addition to the experience requirement below) may be substituted for the required education on the basis of one year of experience for one year of education. One year of staff experience which involved researching, analyzing, interpreting and making recommendations on information and data related to planning issues. Planning Technician [1 position]: The primary purpose of this position is to City of T~ula - Classification Titles, Salary Ranges & Initial Policies enforce various codes or ordinances related to zoning, land use, signage and other issues. However, the position may also be responsible for issuing less complek permits (ie., patio covers, etc.), maintaining maps and plans, and possibly providing some graphic or basic drafting services. Qualifications: Some experience in interpreting, explaining and applying codes or regulations which deal with topics such as zoning, signage, property appearance, nuisance abatement or other related issues. These classifications should provide the City with sufficient flexibility to begin recruiting qualified staff. We would strongly recommend that every effort be made to avoid specialist job titles in the early stages of the City's development. Specialist titles tend to unnecessarily limit flexibility in making job assignments. This can be a particular hinderance in a new and developing organization. As the actual job assignments solidify (about one year after these positions are filled), we recommend that a classification study be conducted to formalize the allocation of positions t9 classification titles. Salaries Our preliminary report was based on salary information from the following sources: City of Corona City of Hemet City of Moreno Valley Rancho California Water District City of Riverside Orange County League of Cities At the request of the City, we conducted a more extensive salary survey which included the following agencies: City of Corona City of Escondido City of Hemet City of Lake Elsinore City of Moreno Valley City of Perris City of San Marcos City of Riverside Rancho California Water District City of Temecula - Classification Titles, Salary Ranges & Initial Policies 8 In addition, we reviewed information from the 1989 Merchants and Manufacturers Association (M&M) Inland Empire Wage Rate Survey. The M&M survey includes information from 76 firms in the Riverside/San Bernadino County area. We also considered information submitted to the City Manager by interested citizens. However, our recommendations are based primarily on the data collected from the nine agencies listed above. Generally, we are recommending salary ranges which are at, or slightly above the median rate of the survey agencies. A chart showing the relationships between each of the proposed classification titles and salary ranges is shown on the next page. We believe these ranges are competitive, but slightly conservative. The City is in a unique position to recruit qualified staff. It is our experience that the opportunity to work in a new City attracts a high number of qualified candidates for whom salary is not the only consideration. Secondly, the location of the City provides an attractive lure for candidates interested in relocating out of more congested urban areas. Therefore, we believe that a conservative approach is appropriate for your initial salary decisions. Wa~e Administration Policy We are also recommending a basic wage administration policy. Again this is a starting point. The recommended policy provides for merit increases based on performance. Employees will be eligible for a merit increase at or near the completion of six months of service and annually thereafter. Automatic cost of living adjustments are not included in the policy. We believe this issue should be carefully discussed by the City's management team once it is in place and thePl~ommnhendaHemlm~aented to the City Council. A proposed personnel resolution to adopt the recommendations included as Attachment I. We would expect the resolution to be embellished and revised several times over the next year as the City develops its personnel system. Conclusions: The information provided in this concept paper is intended to provide the City Manager and the City Council with background data for making policy decisions to initiate the City's personnel system. While further, more detailed work is needed to develop the entire personnel system, the recommendations included in this paper will allow the City to recruit and appoint qualified staff to begin its operations. Michael R. Deblieux Ideas for Effective Management City of T~mecula - Classification Titles, Salary Ranges & Initial Policies 9 Salary Relationships City of Te~cula - Classification Titles, Salary Ranges & Initial Policies 10 Attachment I RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ESTABLISHMENT OF PERSONNEL POLICIES WHEREAS, pursuant to the authority under Chapter of the City's Municipal Code, the City Manager has the authority to hire, set salaries and adopt personnel policies; and WHEREAS, the City Manager has recommended and the City Council now wishes to adopt those policies as identified below; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Temecula as follows: SECTION 1. The following Personnel Policies are hereby adopted pending the adoption of a comprehensive personnel system pursuant to Section 45001 of the California Government Code: Position Titles and Salaries (Exhibit A) Wage Administration Policy (Exhibit B) Categories of Employment Policy (Exhibit C) Such policies are attached to this Resolution and incorporated herein by this reference. SECTION 2. These Personnel Policies shall become effective immediately and may be thereafter amended. SECTION 3. The City Manager shall implement the above policies and has the authority to select and appoint employees in accordance with these policies. SECTION 4. All prior resolutions and parts of resolutions in conflict with this Resolution are hereby rescinded. PASSED AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on the day of , 1990. Mayor City of Temecula - Classification Titles, Salary Ranges & Initial Policies 1 1 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 AYES: NOES: ABSENT: , 1990, by the following vote of the Council: COUNCILMEMBERS COUNCILMEMBERS COUNCILMEMBERS City Clerk City of Te~cula - Classi{ication Titles, Salary Ranges & Initial Policies Exhibit A City of Temecula - Proposed Salary Ranges - 07-Feb-90 Usted Alphabetically by Title # of Exempt/ Positions Non-Ex, Proposed Title I NE Account Clerk I NE Accountant I E Administrative Assistant 3 NE Administrative Secretary I NE Assistant Planner I E Assistant to the City Manager 2 NE Associate Planner 1 E City Manager 1 E Deputy City Clerk I E Director of Finance I E Director of Planning 1 E Executive Secretary 4 NE Office Assistant 1 NE Planning Technician 1 NE Secretary I E Senior Planner 22 Total Minimum Maximum 1600 1993 2498 3111 2105 2621 1702 2120 2464 3068 2807 3495 2885 3592 Set by City Council 2414 3OO6 5236 6519 5236 6519 2285 2846 1303 1624 2193 2731 1454 1811 3424 4236 ternlist1 .wkl City of Te~ula - Classification Titles, Salary Ranges & Initial Policies Exhibit B Subject: WAGE ADMINISTRATION Related Policies: Categories of Employment Performance Reviews Background: The City offers competitive salaries for duties performed by City employees. The ability of the City to pay wages is based upon the continued efficient and effective delivery of services and available revenues. While each approved classification title has an approved salary range, the actual salary of each employee within the salary range, is based upon his/her performance of assigned duties. Policy: 1. Salary Ranges: Each approved classification title will have an approved salary range assigned to it. a. Recommended adjustments to salary ranges must be submitted to the City Council for review and approval. 2. Pay Rates: Each employee will be assigned to an approved classification title and a specific pay rate within the approved salary range for the classification. a. The City Manager, or a designee, may approve a starting salary for a new or returning employee at any rate within the salary range. b. The actual pay rate for each employee will be based upon a review of his/her experience, qualifications and/or performance in relationship to the expectations of his/her supervisor. 3. Merit Adjustments: Each regular employee will be considered for, but is not guaranteed, a merit adjustment as follows: a. At or near the successful completion of the first six (6) months of continuous service, and, b. At or near the employee's anniversary date each year, c. A merit increase may not cause an employee to exceed the maximum rate for his/her classification. City of Teme~ula - Classification Titles, Salary Ranges & Initial Policies Wage Administration Page 2 Merit increases are not automatic. At or near the potential effective date of a merit adjustment for each employee, his/her supervisor shall make a recommendation as to whether the employee shall receive a merit adjustment, be denied a merit adjustment or be deferred for consideration of a merit adjustment. All merit adjustment recommendations must be accompanied by a completed performance review, a Personnel Action form and be approved by the Department Head and the City Manager, or a designee. e. Project employees are not eligible for merit increases except under special circumstances approved by the City Manager, or a designee. 4. Effective Dates: Merit increases shall become effective on the first day of the first pay period following their final approval by the City Manager, or a designee. Promotion: An employee who is promoted to a position which has a maximum pay rate which is higher than the maximum pay rate for the employee's current position, will be placed at either the minimum rate for the new classification or at a rate which is approximately 5% higher than the employee's current pay rate, whichever is greater. Demotion: An employee who is demoted, or voluntarily requests a demotion, to a position which has a lower maximum pay rate than the maximum pay rate for the employee's current position, will be placed at a pay rate within the new salary range at the discretion of the City Manager, or a designee. e Reclassification: An employee who is reclassified to a position which has a maximum pay rate which is higher than the maximum pay rate for the employee's current position, will be placed by the City Manager, or a designee, at either the minimum rate for the new classification or at a rate which is approximately 5% higher than the employees current pay rate, whichever is greater, provided that the new rate does not exceed the maximum rate for the new classification. An employee who is reclassified to a position which has a lower maximum pay rate than the maximum pay rate for the employee's current position, will be Y- rated in accordance with the following schedule: Years of Service Y-Rate Period 0 through 2 6 months 2 through 5 1 year 5 through 10 2 years 10 or more 5 years City of Ten~:~mula - Classification Titles, Salary Ranges & Initial Policies !5 Wage Administration Page 3 b. For purposes of this policy, Y-Rate or Y-Rated shall be defined as a freezing the employee's salary at the rate paid prior to the employee being reclassified. An employee who is Y-Rated shall have his/her salary frozen at the rate at the time of the Y-Rate until either (1) the period of the Y-Rate expires, or, (2) the maximum rate for his/her new classification exceeds his/her rate at the time of the Y-Rate. If the maximum rate for the new range has not exceeded the employee's rate at the conclusion of the Y-Rate period, the employee's salary will be readjusted to the maximum rate of the new range. e. If the Maximum rate exceeds the employee's rate during the period of the Y-Rate, the employee will be eligible for merit increases in accordance with this policy. Exceotions: Based upon the specific circumstances of a promotion, demotion or reclassification, the City Manager, or a designee, may make an exception to the policies described above. City of Tmnecula - Classification Titles, Salary Ranges & Initial Policies 16 Exhibit C Subject: CATEGORIES OF EMPLOYMENT Policy: For purposes of salary administration, employment and other personnel matters, it is necessary to classify employees and positions in certain categories. The terms which identify these categories are used throughout these policies. Wherever used, their meaning will be as follows: ae ReRular EmvloYee - An employee who is appointed to a regular budgeted position to perform duties, which under normal business conditions, are needed on an on-going basis as determined by the City. A regular employee may be scheduled to work full-time or part-time. The City reserves the right to determine the need for the services of regular employees. Prior to becoming a regular employee, a new employee and a promoted employee who occupy a regular position must serve a probation period according to the following conditions Probationary Eml)loyee - A new, employee who has been appointed to a regular full-time position and has not completed six (6) months of continuous service. The employment relationship can be terminated by the City or the employee at any time during the probation period for any reason. ii. Promotional Probationary Employee - A regular full-time employee who has been promoted from one regular position to another with a higher maximum pay rate and has not completed six (6) months of continuous service in his/her new position. The employment relationship can be terminated by the City or the employee at any time during the promotional probation period for any reason. b. Project Em~)lovee - An employee who is hired to work a specific period of time (ie., January 10 through February 6). Project employees are: i. scheduled at the convenience of the City, ii. not eligible for City sponsored benefits (ie., insurance) unless they are made eligible by a specific reference in these policies or with the specific written approval of the City Manager or the City Council, 111. to serve at the pleasure of the City Manager and may be terminated at any time with or without notice, and, City o~ Temecula - Classification Titles, Salary Ranges & Initial Policies 17 Categories of Employment Page 2 iv. are specifically excluded from any discipline procedures or policies. Job Share Emoloyee - An employee who has been designated to perform a portion of the duties or the work hours of a regular position. A job share employee is also a part-time employee. A job share employee is eligible for benefits as approved by the City Manager at the time of his/her appointment. A Job Share employee may be either a Regular or a Project employee. 2. A regular, probationary, promotional probationary, project or job share employee may also be full-time or part-time as follows: Full-time Emolovee - A probationary, regular, promotional probationary or project employee who is normally scheduled, but is not guaranteed, to work forty (40) hours per week. Full-time employees are scheduled at the convenience of the City. Part-time Employee - A probationary, regular, promotional probationary or project employee who is normally scheduled to work less than forty (40) hours per week. Part-time employees are scheduled at the convenience of the City. 3. Depending upon their assigned duties, City positions are categorized as follows: Management EmoloYee - An employee who is designated by City Council Ordinance or Resolution to have responsibility for managing or directing a department or other major organizational unit, developing, implementing and administering City policies, and/or advising a manager of such a unit on significant policy issues. bo Suvervisorv Employee - An employee designated by the City Manager, or a designee having authority, in the interest of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgement. Employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees. c. Staff Emoloyee - An employee who does not have on-going management or supervisory responsibilities. City of Te~cula - Classification Titles, Salary Ranges & Initial Policies 18 Categories of Employment Page 3 4. For purposes of determining eligibility for overtime compensation employees are also designated as either exempt or non-exempt as follows: Exernl)t Erm)loyee - An employee who performs executive, administrative or professional tasks as defined by federal and state law. An exempt employee is not eligible for overtime compensation. Non-e. xeml)t Eml)loyee - An employee who does not perform executive, administrative or professional tasks as defined by federal and state law. A non-exempt employee receives overtime pay for work in excess of eight (8) hours of work in a work week. A non-exempt employee must report all hours worked on a City approved time card. c. A list of exempt and non-exempt positions is maintained in the City Manager's Office. City of T~ula - Classification Titles, Salary Ranges & Initial Policies 19 Attachment II 0 0 o ~' 0 tO 0 tD 0 ~ ~ C~I ~' ~- ~' ~' w~' ~0 0 0 City of Temecula - Classification Titles, Salary Ranges & Initial Policies 20 0 0 o o ~ o 0 ~ ~0 I~ ~o ~ o 0 0 ~ 0 0 ~ 0 City of Te~cula - Classification Titles, Salary Ranges & Initial Policies t~ 0 c',,I o0 0 0 ~0 co o I LL I 0 I I E 0 o~ o O~ 0 O,I co E 0 City of Temecula - Classification Titles, S~lary Ranges & Initial Policies 22 CALL TO ORDER.* ROLL CALL= PRESENTATIONS/ PROCLAMATIONS PUBLIC COMMENTS CSD BUSINESS 1. Minutes RECOMMENDATION: 1.1 1.2 Lindemans, Moore, Munoz, Parks, Birdsall Approve minutes of the meeting of January 9, 1990 as mailed. Approve minutes of the meeting of January 23, 1990 as mailed. 2. Retaining W&11 &pDroval RECOMMENDATION: 1.1 Approve plans and specifications construction of a retaining wall at California Sports Park. for the the Rancho 1.2 Authorize the Road Department to act as lead agency on the bidding process and further direct the County Clerk to advertise for the Road Commissioner up to the hour of 10:00 a.m. Wednesday, February 21, 1990 at which time bids will be opened. Next meeting: February 27, 1990, 7:00 p.m., Temecula Community Center, 28816 Pujo1 Street, Temecula, California CSDA~,enda/21390 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD JANUARY 9, 1990 A regular meeting of the Temecula Community Services District was called to order at 10:10 P.M. at the Temecula Community Center, 28816 Pujol Street, Temecula by President Pat Birdsall. ROLL CALL PRESENT 5 DIRECTORS: Birdsall, Lindemans, Moore, Munoz, Parks ABSENT: 0 DIRECTORS: None Also present were City Manager Frank Aleshire, City Attorney Scott F. Field, and Acting Deputy City Clerk June S. Greek. CSD BUSINESS 1. Minutes It was moved by Director Parks and seconded by Director Munoz to approve the minutes of the meeting of December 12, 1990 as mailed. The motion was unanimously carried. 2. Resolution regar4ing the Community Services District Functions Secretary Frank Aleshire presented a staff report recommending the adoption of the suggested resolution entitled. RESOLUTION CSD NO. 90-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT REGARDING THE OPERATION OF THE COMMUNITY SERVICES DISTRICT FUNCTIONS. It was moved by Director Munoz, seconded by Director Moore to adopt the resolution .with an amendment on line 10 of the agreement to read June 30, 1990. The motion was unanimously carried. MANAGER'S REPORT CSD Secretary Frank Aleshire gave a staff report in which he suggested a joint meeting with the Temecula Unified School District and County Service Area 143 Advisory Committee and the Community Services District to coordinate long-range planning. City Council Minutes December 12,1989 After discussion by the members of the CSD, Mr. Aleshire was directed to proceed with setting up such a meeting. ADJOURNMENT There being no further business before the Community Services District, President Birdsall declared the meeting adjourned at 10:17 p.m. to the Temecula Community Center, 28816 Pujol Street, Temecula, on January 23, 1989 at 7:00 p.m. csd%121289 02/05~0 --2-- MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD JANUARY 23, 1989 A regular meeting of the Temecula Community Services District was called to order at 11:05 p.m. at the Temecula Community Center, 28816 Pujol Street, Temecula by President Pat Birdsall. ROLL CALL PRESENT 5 DIRECTORS: Lindemans, Moore, Munoz Parks, Birdsall ABSENT: 0 DIRECTORS: None Also present were City Manager/CSD Secretary Frank Aleshire, City Attorney Scott F. Field, and Acting Deputy City Clerk June S. Greek. It was moved by Director Munoz, seconded by Director Parks to extend the time limits of the meeting by 15 additional minutes. The motion was unanimously carried. CSD BUSINESS 1. CSD Annexation Fee Secretary Frank Aleshire gave a staff report outlining the reasons for imposing an annexation fee. It was moved by Director Moore, seconded by Director Munoz to adopt a resolution entitled: CSD RESOLUTION NO. 90-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ESTABLISHING A $1,200 PROCESSING FEE FOR ANNEXATIONS TO THE TEMECULACOMMUNITY SERVICES DISTRICT The motion carried by the following vote: AYES: 5 DIRECTORS: Lindemans, Moore, Munoz, Parks, Birdsall NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None City Council Minutes December 12,1989 CSA-143 Improvement Projects Jeanine Overson of CSA 143 addressed the Directors regarding the points contained in her letter which was distributed to the Directors at the beginning of the meeting. She felt that the matter of processing fees needs to be addressed immediately. The staff was instructed to prepare a suitable resolution for consideration on the agenda of the meeting of February 6, 1990. George Campos, 27710 Jefferson, Suite 202, Temecula, spoke regarding a proposed donation for developing a Tot Lot at the Rancho California Sports Park. Director Ron Parks questioned if the improvements are in conformance with the approved grading plan and if the area to be used had been compacted. Mr. Campos responded in the affirmative to both questions. It was moved by Director Moore, seconded by Director Parks that the CSD authorize the acceptance of voluntary assistance for work at the Rancho California Sports Park on Saturday, January 27, 1990. The motion was unanimously carried. President Birdsall questioned staff to determine if it would be possible to schedule the CSD meetings at an earlier hour rather than at the end of the City Council meetings. City Manager F.D. Aleshire responded that the Board could direct staff to place the CSD meetings on the agenda at a specified time. By consensus, it was agreed to direct staff to schedule CSD meetings on the City Council agendas at 8:00 p.m. President Birdsall announced that a donation of bleachers had been made by Richard C. Kurtz of CDM Group, Inc., to replace the recently stolen ones at Rancho Sports Park. cso5121289 02~5~30 --2-- City Council Minutes December 12,1989 ~OU~ENT It was moved by Director Moore, seconded by Director Munoz and unanimously carried to adjourn at 11:24 p.m. to an adjourned regular meeting to be held at 7:30 p.m. on February 6, 1990 at the Rancho California Water District, 28061 Diaz Road, Temecula, California. csd%121289 02/05/90 --3-- Riverside County Service Area 143 JEANINE R, OVERSON, DIRECTOR 29377 Rancho California Road, Suite 105 - Temecula, CA 92390 I7~4) 699-0235 DATE: TO: FROM: SUBJECT: January 25, 1990 Temecula Con~nunitv Service District Jeanine R, Overson, CSA 1~3 Director Construct Retaining Wall Request / Recommended hotion: Approve plans and specifications for the construction cf a ret.~ining b'all at the Rancho California Sports Park, Authori::e the Road department to act as lead agency on the bidding process an4 further direct the Clerk to a;lveztise for the Road Commissioner up to the hour of 10:00 a,m., Wednesday, February 21, ]9c;0 at which time bids will be opened. Justification: County Service Area .e143, acting as staff for Temect~la Community .Se~vi~.e Distrio. t, has requested that we advertise for the' construution ¢:f a retailting wall at the Rancho California .Sports Park Complex. The contract specifications have been app~oxed b> Count} Counsel, The tngineer'$ Estimated for the project is 5120,0(~0. Attaulnnents: Plans and Speci£ic. ations TABLE OF CONTENTS Notice Inviting Bids Instruction to Bidders Contractor's Proposal Bid Bond Agreement (Time For Completion: Agreement - C3) Performance Bond Payment Bond General Conditions Definitions Definitions Standard Specifications Road Commissioner Site Inspection Protection of Premises Change Orders Substitution of Equals Final Inspection - Notice of Completion Termination of Contract Payments and Monthly Estimates Force Account Payment Final Payment Damages Documents of Contractor Responsibility of Contractor In Emergency Labor Code Obstructions Insurance - Hold Harmless Equal Employment Opportunity Deposit of Securities PAGE A1-3 B1-4 C1-3 1-14 SS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NOTICE INVITING BIDS County of Riverside, herein called Owner, invites sealed proposals for the construction of: CONSTRUCT ftETAINING WALL I~CHO C~IFORNIA SPORTS PARK W.O. # 68-8069 Proposals shall be delivered to the Riverside County Road Department, 7th Floor, Riverside County Administrative Center, 4080 Lemon Street, Riverside, California 92501, not later than 10:00 a.m., on Wednesday, February 21, 1990 , to be promptly opened in public at said address. Each proposal shall be in accordance with plans, specifications,and other contract documents, dated Jan. 1990 , and prepared by County of Rivers'ide, whose address is same as the above, from whom they may be obtained upon deposit of $15.00 per set. No refund. Pursuant to the Labor Code, the governing board of the Owner has obtained from the Director of the Department of Industrial Relations, State of California, his determinations of general prevailing rates of per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pensions, vacation and similar purposes, as set forth on schedule which is on file at the principal office of the owner, and which will be made available to any interested person upon request. The Contractor is required to have a Class "A" license, at time contract is awarded. Dated: January 30, 1990 Gerald A. Maloney, Clerk By: Deputy INSTRUCTIONS TO BIDDERS 1. Form of Proposal. The proposal must be made on the form of Contractors! Proposal which is included in the Contract Documents and must be completely filled in, dated and signed. If provision is made for alternates, they must all be bid, unless otherwise provided in the Special Provisions. 2. Bid Bond. The proposal must be' accompanied by a 10% Bid Bond, using the form provided in the Contract Documents, or by a certified or cashier's check payable to the order of County in an amount not less than 10% of the amount bid. 3. Submission of Proposal. A proposal must be submitted in a sealed opaque envelope which clearly identifies the bidder and the project. Bids must be received by the time and at the place set forth in the Notice Inviting Bids and may be withdrawn only as stated in the proposal. 4. Contract Documents. The complete Contract Documents are identified in the Agreement. Potential bidders are cautioned that the successful bidder incurs duties and obligations under all of the Contract Documents and that they should not merely examine the Plans and Specifications in making their bid. 5. License. To be considered, a potential bidder must have the kind of license required under provisions of the California Business and Professions Code for the work covered in this proposal when his bid is submitted. This includes a joint venture formed to submit a bid. 6. Quantities. The amount of work to be done or materials to be furnished under the Contract as shown in the Contractor's Proposal are but estimates and are not to be taken as an expressed or an implied statement that the actual amount of work or materials will correspond to the estimate. County reserves the right to increase or decrease or to entirely eliminate certain items from the work or materials to be furnished if such action is found to be desirable or expedient. Contractor is cautioned against the unbalancing of his bid by prorating his overhead only into one or two items when there are a number of items listed in the schedule. 7. Interpretation of Documents. Discrepancies, omissions, ambiguities, requirements likely to cause disputes between trades and similar matter shall be promptly brought to the attention of the County, attention Road Commissioner. When appropriate, Addenda will be issued by County. No communication by anyone as to such matters except by an Addendum affects the meaning or requirements of the ContCact Documents. A1 8. ADDENDA. County reserves the right to issue Addenda to the Contract Documents at any time prior to the time set to open bids. Each potential bidder shall leave with the County Road Department his name and address for the purpose of receiving Addenda to be mailed or delivered to such names at such addresses. To be considered, a Contractor's Proposal must list and take into account all issued Addenda. 9. Inspection of Site. Bidders must examine the site and acquaint themselves with all conditions affecting the work. By making his bid a bidder warrants that he has made such site examination as he deems necessary as to the condition of the site, its accessibility for materials, workmen and utilities and ability to protect existing surface and subsurface improvements. No claim for allowances - time or money - will be allowed as to such matters. 10. Bonds. In addition to the statutory Payment Bond, County requires a 100% Performance Bond from the successful bidder. All Bonds must be on County's forms contained in the Contract Documents. 11. Bids. Bids are required for the entire work. The amount of the bid for comparison purposes will be the total of all items. The total of unit basis items will be determined by extension of the item price bid on the basis of the estimated quantity set forth for the item. The bidder shall set forth for each item of work in clearly legible figures, an item price and a total for the item in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the "Total" column shall be the extension of the item price bid on the basis of the estimated quantity for the item. In case of discrepancy between the item price and the total set forth for the item, the item price shall prevail, provided, however, if the amount set forth as an item price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or in the case of unit basis items, is the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for the item shall prevail in accordance with the following: ae As to lump sum items, the amount set forth in the "Total" column shall be the item price. be As to unit .basis items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price. ^2 12. Award of Contract. Acceptance by the governing body of the County by resolution or minute order at a meeting regularly called and held of a Contractor's Proposal constitutes an award of the contract and the execution of the Agreement is a written memorial thereof. Thereafter, County shall mail or deliver to the lowest responsible bidder the agreement for Contractor's execution and return. 13. Return of Guarantee. Bid bonds or checks of unsuccessful bidders will be returned by mail when the executed agreement and bonds are received by County. Bid Bonds of the successful bidder will not be returned but is exonerated by its execution and delivery of the Agreement and the bonds. If the guarantee of the successful bidder is a check, it will be returned at the time a Bid Bond would be exonerated. 14. Qualifications of Bidders. No award will be made to any bidder who cannot give satisfactory assurance to the Board of Supervisors as to his own ability to carry out the contract, both from his financial standing and by reason of his previous experience as a contractor on work of the nature contemplated in the contract. The bidder may be required to submit his record of work of similar nature to that proposed under these specifications, and unfamiliarity with the type of work may be sufficient cause for rejection of bid. 15. Subletting and Subcontracting. Bidders are required pursuant to the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Public Contracts Code) to list in their proposal the name and location of place of business of each subcontractor who will perform work or labor or render services in or about the construction of the work or improvement or a subcontractor who specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications in excess of 1/2 of 1% of this prime contractor's total bid. Failure to list a subcontractor for a portion of the work means that the prime contractor will do that portion of the work. Section 4100.5 of the Public Contracts Code does not apply to this project. It is the County's intent for the Subletting and Subcontracting Fair Practice Act to apply to all phases of the work. ^3 CONTRACTOR'S PROPOSAL TO: COUNTY OF RIVERSIDE DATE: hereafter called "County": BIDDER: (hereafter called "Contractor") THE UNDERSIGNED, Contractor, having carefully examined the site and the Contract Documents for the construction of hereby proposes to construct the work in accordance with the Contract Documents, including Addenda Nos. for the amount stated in this Proposal. By submitting this Proposal, Contractor agrees with County: 1. That unless withdrawn in person by Contractor or some person authorized in writing by Contractor not by telephone or telegram before the time specified in the Notice Inviting Bids for the public opening of bids, this Proposal constitutes an irrevocable offer for 30 calendar days after that date. 2. County has the right to reject any or all Proposals and to waive any irregularities or informalities contained in a Proposal. 3. That the contract shall be awarded upon a resolution or minute order to that effect duly adopted by the governing body of County; and that execution of the Contract Documents shall constitute a written memorial thereof. 4. To execute the Agreement and deliver the Faithful Performance Bond and Payment Bond within 10 days after he is notified that he has been awarded the Contract. 5. To submit to County such information as County may require to determine whether a particular Proposal is the lowest responsible bid submitted. B1 6. That the accompanying certified or cashier's check or Bid Bond is in an amount not less than 10% of the total bid submitted and constitutes a guarantee that if awarded the contract, Contractor will execute the Agreement and deliver the required bonds within 10 days after notice of award. If Contractor fails to execute and deliver said documents, the check or bond is to be charged with the costs of the resultant damages to County, including but not limited to publication costs, the difference in money between the amount bid and the amount in excess of the bid which it costs County to do or cause to be done the work involved, lease and rental costs, additional salaries and overhead, increased interest and costs of funding the project, attorney expense, additional engineering and architectural expense and cost of maintaining or constructing alternate facilities occasioned by the failure to execute and deliver said documents. CONSTRUCT RETAINING WALL RANCHO CALIFORNIA SPORTS PARK W.O. ~ 68-8069 PROPOSAL It is understood that the quantities shown hereon, except for those quantities marked "FINAL" and "LUMP SUM", are but estimates and that final payment will be based on the actual work performed, subject to such adjustments and alternations as elsewhere provided herein. ITEM ESTIMATED UNIT OF NO. QUANTITY MEASURE ITEM 1. 3,330 S.F. Retaining Wall 2. 270 L.F. Concrete Gutter 3. 13 L.F. 4" PVC Drain 4. 560 L.F. 6" PVC Drain 5. 300 L.F. 6' C.L. Fence 6. 2 EACH Gutter Drain W/Pipe Dome 7. 3 EACH Cleanout 8. L.S. Riprap ITEM PRICES TOTAL (IN FIGURES) (FIGURES) PROJECT TOTAL Items 1 - 8 "Words" BIDDER DATA: Name of Bidder of Organization Authorized to Sign for Bidder Phone Address Type Person(s) Type & Number Contractor's License 8. DESIGNATION OF SUBCONTRACTORS: Contractor submits the following complete list of each subcontractor who will perform work or labor or render service in or about the construction in an amount in excess of 1/2 of 1% of the total bid. PORTION OF THE WORK SUBCONTRACTOR ADDRESS IN WITNESS WHEREOF Contractor executed this Proposal as of the date set forth on Page 1. TITLE "Contractor" 84 BID BOND Recitals: 1. "Contractor", has submitted his Contractor's Proposal to County of Riverside, "County", for the construction of public work for of County dated in accordance with a Notice Inviting Bids a corporation, hereafter called "Surety", is the surety of this Bond. Agreement: We, Contractor as principal and Surety as surety, jointly and severally agree and state as follows: 1. The amount of the obligation of this bond is 10% of the amount of the Contractor's Proposal and inures to the benefit of County. 2. This Bond is exonerated by (1) County rejecting said ProPosal or, in the alternate, (2) if said Proposal is accepted, Contractor executes the Agreement and furnishes the Bonds as agreed to in its Proposal, otherwise it remains in full force and effect for the recovery of loss, damage and expense of County resulting from failure of Contractor to act as agreed to in its Proposal. Some types of possible loss, damage and expense are specified in the Contractor's Proposal. 3. Surety, for value received, stipulates and agrees that its obligations hereunder shall in no way be impaired or affected by any extension of time within which County may accept the Proposal and waives notice of any such extension. 4. This Bond is binding on our heirs, executors, administrators, successors and assigns. Dated: By Title: Attorney in Fact "Surety" STATE OF CALIFORNIA COUNTY OF By Title: "Contractors" On before me personally appeared known to me to be the person whose name is subscribed to the within instrument as Attorney in Fact. Notary Public (Seal) (NOTE: Affix corporate ~eals.) AGREEMENT T~IS AGREEMENT is entered into at Riverside, California on and is between County of Riverside hereafter called "County" and hereafter called "Contractor". WI TNES SETH RECITALS: 1. Contractor has submitted to County his Contractor's Proposal for the construction of County Project, in strict accordance with the Contract Documents identified below and County has accepted said Proposal. 2. Contractor states that he has reexamined his Contractor's Proposal and found it to be correct, has ascertained that his subcontractors are properly licensed and possess the requisite skill and forces, has reexamined the site and Contract Documents and is of the opinion that he can presently do the work in accordance with the Contract Documents for the money set forth in his Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents. The entire contract consists of the foilowning: (a) The Agreement. (b) The Notice Inviting Bids. (c) The Instruction to Bidders. (d) The Contractor's Proposal. (e) The Bid Bond. (f) The Payment Bond. (g) The Performance Bond. (h) The General Conditions. (i) The Special Provisions. (j) The Standard Specifications of the State of California Department of Transportation edition of January 1988 as modified in other portions of the Contract Documents. (k) The Standard Plans of the Department of Transportation identified on the plans or in the Special Provisions. (1) The Plans. (m) Addenda Nos. (n) The Determination of Prevailing Wage Rates for Public Work. (o) Any Change Orders issued. (p) Any additional or supplemental specifications, notice, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein with like effect as if here set forth in full and upon the proper issuance of other documents they shall likewise be deemed incorporated. The Bid Bond is exonerated upon execution of this Agreement and the Payment Bond and Faithful Performance Bond. 2. The Work. Contractor shall do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents. C1 CONSTRUCT RETAINING WALL RANCHO CALIFORNIA SPORTS PARK W.O. I 68-8069 AGREEMENT It is understood that the quantities shown hereon, except for those quantities marked "FINAL" and "LUMP SUM", are but estimates and that final payment will be based on the actual work performed, subject to such adjustments and alternations as elsewhere provided herein. ITEM ESTIMATED UNIT OF NO. QUANTITY MEASURE ITEM 1. 3,330 S.F. Retaining Wall 2. 270 L.F. Concrete Gutter 3. 13 L.F. 4" PVC Drain 4. 560 L.F. 6" PVC Drain 5. 300 L.F. 6' C.L. Fence 6. " 2 EACH Gutter Drain W/Pipe Dome 7. 3 EACH Cleanout 8. L.S. Riprap ITEM PRICES TOTAL (IN FIGURES) (FIGURES) PROJECT TOTAL Items 1 - 8 "Words '.' C2 3. Liquidated Damages and Time of Completion. Attention is directed to the provisions in Section 8-1.03, "Beginning of Work" in Section 8-1.06, "Time of Completion", and in Section 8-1.07, "Liquidated Damages", of the Standard Specifications and these Special Provisions. In lieu of the provisions of the first paragraph of Section 8-1.03 of the Standard Specifications, the Contractor shall begin work within 15 days of the date stated within the written "Notice to Proceed". The Contractor shall diligently prosecute the work to completion before the expiration of 45 working days from the date stated in the "Notice to Proceed". The Contractor shall pay to the County of Riverside the sum of $250.00 dollars per day, for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above. 4. Compensation. Contractor shall be paid in the manner set forth in the Contract Documents the amount of his Proposal as accepted by County, the above rates, subject to additions and deductions as provided in the Contract Documents. Said Proposal is on file in the Office of the Clerk of the Board of Supervisors of County. IN WITNESS WHEREOF the parties hereto have executed this agreement as of the date set forth on Page 1 of this Agreement. ATTEST: Gerald A. Maloney, Clerk BY Deputy BY BY TITLE: ATTEST: TITLE: "Contractor" COUNTY OF RIVERSIDE Chairman, Board of Supervisors "County" (Seal) C3 PERFORMANCE BOND Recitals: 1. (Contractor) has entered into an Agreement dated with COUNTY OF RIVERSIDE (County) for construction of public work known as . 2. ~ a (Surety), is the Surety under this Bond. corporation Agreement: We, Contractor, as Principal, and Surety, as Surety, jointly and severally agree, state, and are bound unto County, as obligee, as follows: 1. The amount of the obligation of this Bond is 100% of the estimated contract price for the Project of $ and inures to the benefit of County. 2. This Bond is exonerated by Contractor doing all things to be kept and performed by it in strict conformance with the Contract Documents for the Project, otherwise it remains in full force and effect for the recovery of loss, damage and expense of County resulting from failure of Contractor to so act. All of said Contract Documents are incorporated herein. 3. This obligation is binding on our successors and assigns. 4. For value received, Surety stipulates and agrees that no change, time extension, prepayment to Contractor, alteration or addition to the terms and requirements of the Contract Documents or the work to be performed thereunder shall affect its obligations hereunder and waives notice as to such matters, except the total contract price cannot be increased by more than 10% without approval of Surety. THIS BOND is executed as of By By By Type Name Its Attorney in Fact "Surety" Title "Contractor" Note: This Bond must be executed by both parties with corporate seal affixed. All signatures must be acknowledged. (Attached acknowledgements). PAYMENT BOND (Public Work - Civil Code 3247 et seq.) The makers of this Bond are , as Principal and Original Contractor and , a corporation, authorized to issue Surety Bonds in California, as Surety, and this Bond is issued in conjunction with that certain public works contract dated , between Principal and COUNTY OF RIVERSIDE a public entity, as Owner, for $ , the total amount payable. THEAMOUNT OF THIS BOND IS ONE HUNDRED PERCENT OF SAID SUM. Said contract is for public work generally consisting of · The beneficiaries of this Bond are as is stated in 3248 of the Civil Code and requirements and conditions of this Bond are as is set forth in 3248, 3249, 3250 and 3252 of said code. Without notice, Surety consents to extension of time for performance, change in requirements, amount of compensation, or prepayment under said contract. DATED: By Surety Its Attorney In Fact Original Contractor - Principal By Title (If corporation, affix seal) (Corporate Seal) STATE OF CALIFORNIA COUNTY OF SURETY'S ACKNOWLEDGEMENT on before me personally appeared , known to me to be the person whose name is subscribed to the within instrument as attorney in fact of , a corporation, and acknowledged that he subscribed the name of said corporation thereto, and his own name as its attorney in fact. Notary Public (Seal) Riverside County Counsel. Approved Form 3-14-74 GENERAL CONDITIONS SS 1. DEFINITIONS: 1. "County", "Contractor", and "Contract Documents" are identified in the Agreement. "County" and "Contractor" includes their authorized representatives are treated throughout as if each were singular in number. "Contractor" includes its surety. 2. "Engineer" and "Road Commissioner" means County Surveyor and Road Commissioner for the County of Riverside, and includes his authorized representatives. 3. "Plans" means the portion of the Contract Documents consisting of all drawings prepared for the direction and charac- teristics of the work. A schedule of said drawings which constitutes the plans as of the execution of the Agreement is set forth in the Special Provisions and are supplemented by the Standard Plans referred to in the Special Provisions. 4. "State of California", "Department of Transportation" and "Director of Transportation", means the County of Riverside. SS 2. STANDARD SPECIFICATIONS: The Standard Specifications of the State of California Department of Transportation, edition of January 1988 hereafter called "Standard Specifications", are incorporated herein as modified in these General Conditions, the Special Provisions and the Plans. The following subsections of the Standard Specifications are deleted: 1-1.13, 1-1.15, 1-1.18, 1-1.19, 1-1.25, 1-1.37, 1-1.40, 2-1.01, 2-1.05, 2-1.07, 2-1.095, 5-1.14, 7-1.165, 8-1.01, 8-1.03, 9-1.05, 9-1.06, 9-1.065, 9-1.07, 9-1~07A, 9-1.07B, 9-1.10. Section 3 of the Standard Specifications is deleted. The following deletions and additions are made from the following subsections of the Standard Specifications. Subsection 5-1.04, add to the second paragraph at its end the following sentence: "The General Conditions govern over all of the Contract Documents except the Special Provisions, the Agreement and Bonds." Subsection 7-1.01A (2), strike the last sentence of the second paragraph and in its place read: "These wage rates are on file in the Office of the County Clerk and are a part of the Contract." Subsection 7-1.15, for "Director" read "Road Commissioner" except for last reference read "County of Riverside". Subsection 7-1.16, delete references to Subsection 7-1.165. Subsection 8-1.06, strike the last paragraph. Subsection 8-1.08, strike "as provided in the State Contract Act". $S 3. ROAD COMMISSIONER: All work shall be done under the supervision of the Road Commissioner who shall determine the amount, quality, acceptability and fitness of all parts of the work, and interpret the Contract Documents. No act or omission of the Road Commissioner relieves Contractor of the duty to proceed with the work in strict conformity with the Contract Documents. Upon request, Road Commissioner shall reduce to writing any oral order, objection, requirement or determination. Whenever Road Commissioner's approval is required it shall be in writing only. All communications to County by Contractor shall be via Road Commissioner. No work shall be performed on site other than during normal working hours without the knowledge and consent of Road Commissioner. When in Road Commissioner's opinion, weather or other conditions are such that attempts to perform a portion of the work will probably result in work not in accordance with the Contract Documents, he shall so advise Contractor. When Contractor advises Road Commissioner that he intends to proceed despite such advise, he does so at his peril. The Road Commissioner may then order Contractor, in writing which specifies the portion of the work involved and the conditions warranting the issuance of the order, not to proceed on such portion of the work if (1) proceeding will in his judgment have an adverse effect on Contractor's ability to complete the work within the stipulated time period, or (2) proceeding will in his judgment necessitate unusual tests and procedures to ascertain whether said portion of the work is in accordance with the Contract Documents. Contractor shall comply with such orders at its expense. 2 Nothing herein contained relieves Contractor from the duty to make independent determinations as to weather and other conditions affecting the proper completion of the work. Failure for any reason of Road Commissioner to advise Contractor as to such matters, or to issue an order as above provided, does not relieve Contractor from the duty to accomplish the work in accordance with the Contract Documents. As stated elsewhere, amounts shown in the Proposal and Agreement as to quantities are but estimates only. From time to time Road Commissioner shall direct Contractor as to the prosecution of the work in such a manner as to increase or decrease such estimates as to the work actually to be done. Contractor shall comply with such instructions and shall be paid only for work actually done based on the unit price set out in the Agreement. $S 4. SITE INSPECTION - EFFECT OF OTHER IMPROVEMENTS SHOWN AND CONTRACTOR PROCEDURE: Elsewhere in the Contract Documents reference may be made, graphically, descriptively or both , to the existence or possible existence of other improvements affecting the site and the prosecution of the work such as surface and subsurface utilities, drainage ditches and courses, buildings, fencing, retaining walls, roadways, curbs, trees, shrubs, and similar matters. Such matters are included to be used by Contractor to the extent he deems appropriate. However, it is expressly understood and agreed: 1. Showing or describing such items does not mean that it is an exhaustive and complete presentation and that as to matters shown or described that they necessarily exist. 2. All graphic presentations'are schematic only unless the contrary is clearly set out elsewhere as to a particular matter. 3. Whenever in the plans survey markers are shown, boundaries of the site are shown or contour lines are shown, Contractor may assume that such matters are shown in accordance with acceptable standards. All improvements of the nature above described, whether elsewhere shown or described or not, shall, unless the contrary is elsewhere specifically directed, remain in place, undisturbed and suitably protected during the course of the work. Whenever during the course of the work a subsurface improvement is discovered which Contractor believes is unknown to County, he shall immediately so inform Road Commissioner. Except as elsewhere provided, whenever in the course of the work it 3 becomes apparent that the work cannot proceed with out the destruction or relocation of any improvement, whether shown or described or not, Contractor shall immediately cease work affecting such improvements and notify Road Commissioner as to such circumstance and await instructions as to how to proceed. 4. The Contractor shall be required to cooperate fully with all utility forces or forces of other public agencies engaged in relocation, lowering, altering or otherwise rearranging any facilities interfering with the progress of work or installing any facilities thereon. The Contractor will also be required to cooperate fully with any County or State forces working on or near the project, or requiring access to the work in the performance of their duties. SS 5. USE OF AND PROTECTION OF PREMISES AND REMOVAL OF DEBRIS: At his expense Contractor shall: 1. Take every precaution against injuries to persons or damage to property. 2. Comply with regulations governing the use of the property. 3. Store and suitably protect his apparatus, equipment, materials and supplies in an orderly fashion on site. 4. Place on the work only such loads as are consistent with the safety of the work. 5. Effect all cutting, fitting, or patching of his work required to make it conform to the Plans and Specifications and interrelate with other improvements or except with the consent of Road Commissioner, cut or otherwise alter existing improvements. 6. Protect and preserve established bench marks and monuments, make no changes in the location of such without the prior written approval of County, replace and relocate any of them which may be lost or destroyed or which require shifting because of necessary changes in grades or locations. All replacement and relocation work shall be accomplished only after approval of County and under the direct supervision and instruction of Road Commissioner. 7. Before final payment remove all surplus materials, false work, temporary structures, debris, and similar matter resulting from his operations from the site and to put the site in an orderly condition. 8. Construct, operate and maintain all passageways, guard fences, lights, barricades and other facilities required for protection by State or municipal laws and regulations and local conditions during the course of the work. 9. Guard County's property from injury or loss. 10. Take all reasonable precautions for dust and noise control and generally conduct operations so as not to constitute a nuisance. 11. The Contractor shall be responsible for the protection of existing signs, fences, concrete curb and gutter and other highway facilities which may be encountered in the roadway. The replacement or repair of any facilities which the County deems necessary as a result of the Contractor's operations shall be done by the Contractor at his own expense and to the satisfaction of the County Road Department. SS 6. CI{ANGE ORDERS - DETAIL DRAWINGS AND INSTRUCTIONS: Reference is made to 4-1.03 and 4-1.03A of the Standard Specifications regarding change orders. Wherever in these subsections the word "Engineer" appears read "County". Each approved change order shall be considered as an amendment to the Contract Documents and will not be considered approved until executed by the Board of Supervisors, except Road Commissioner can approve certain change orders without the necessity of approval by the Board as provided in a Resolution of the Board adopted April 23, 1974. ~. The above does not limit the ability of Road Commissioner to issue further detail drawings, explanations and instructions which are customarily given by an Engineer during the course of similar work. Road Commissioner will furnish Contractor with reasonable promptness such further detailed explanations, instructions and drawings as may be necessary for the proper execution of the work, and Contractor shall conform to same provided they are consistent with the intent of the Contract Documents. In giving such additional instructions, explanations and drawings Road Commissioner has authority to make minor changes in the work which do not involve extra cost and are not inconsistent with the Contract Documents. Contractor's acting on such instructions, explanations and drawings of Road Commissioner means that Contractor agrees that such explanations, instructions and drawings are within the scope of the work in accordance with the intent of the Contract Documents and do not constitute a basis for modification of the Contract Documents as to price or time. · SS 7. BRAND OR TRADE NAME - SUBSTITUTE OF EQUALS: Reference is made to Section 3400 of the Public Contracts Code, which is by this reference incorporated herein with like effect as if here set forth in full. If a potential bidder believes he knows of an equal to a specified brand or trade name which is not mentioned in the Contract Documents, then such potential bidder may so advise Road Commissioner of such fact, giving all relevant information. If appropriate, an addendum will be issued as to the alleged equal provided that such issuance may be accomplished at least 5 days before the time fixed for opening bids. Unless the subject article or product is expressly designated for matching others in use in a particular public improvement either completed or in the course of completion, any bidder may, as part of its bid proposal, include a request for substitution o--~ an item equal to any specified by brand or trade name. Within 35 calendar days after award of the contract, Contractor may submit to Road Commissioner data substantiating such a request, and the difference, if any, in cost. Road Commissioner shall promptly investigate the request and make a recommendation to County as to equality. The governing body of County shall promptly determine whether the substitute is equal in every respect to the item specified, and approve or deny the request accordingly, and shall notify Road Commissioner of the determination made, who shall advise Contractor in writing of the decision. Unless the request is granted, substitution will not be permitted. Nothing herein shall Authorize a change in the contract price or prevent the use of change orders in the manner provided elsewhere in the Contract Documents. SS 8. FINAL INSPECTION - NOTICE OF COMPLETION: When the work is ready for final inspection County shall cause the work to be inspected and subjected to such tests as seem to it to be required for the purpose of determining if the work is complete in every respect. At a meeting of the governing body of County held within 10 days after final inspection, the governing body shall consider the facts developed at the inspection. If it is found that the work is apparently complete in every respect, County will accept the work and a notice of completion will be recorded. As between the parties, the recordation of the Notice of Completion, unless recorded because of a cessation of labor, means only that the time for final payment and the commencement of the guarantee period commences to run. SS 9. COUNTY'S RIGHT TO STOP WORK OR TERMINATE THE CONTRACT: (1) Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors, or (2) a receiver or liquidator is appointed for Contractor or any of his property, or (3) Contractor shall refuse or fail after Notice of Warning from County by Road Commissioner to supply sufficient properly skilled workmen or suitable materials, or (4) Contractor fails to prosecute the work with such diligence as will insure its completion within the stipulated time period, or (5) Contractor shall fail to make payments to persons supplying labor or materials for the work, or (6) Contractor does not comply with applicable law or instructions of Road Commissioner, or (7) Contractor is otherwise guilty of a substantial violation .of any provision of the Contract Documents, then County without prejudice to such other and further right, remedy or relief it may be entitled to, may by 10 days notice to Contractor, terminate the employment of Contractor and his right to proceed, either as to the entire work, or at County's option, as to any portion thereof as to which delay shall have occurred or breach or miscompliance relates, and may thereupon take possession of the affected work and complete the work by contract or otherwise, as County deems expedient. In such case Contractor shall not be entitled to receive any further payment until the work "'is finished. If the unpaid balance shall exceed the expense of completion, and other damage, expense or loss of County occasioned by Contractor's failure to properly perform, such excess shall be paid Contractor. If such expense and damage exceeds the unpaid balance, Contractor is liable to County for the excess. If County elects to proceed under this Section, it may take possession of and utilize in completing the work such materials, supplies, plant and equipment on site which may be necessary or convenient for the purpose of completing the work, County is expressly granted the right - acting via Road Commissioner, an engineer or otherwise - to operate equipment and machinery on site for the purpose of determining whether it has a basis for proceeding under this section. Decision by County not to proceed under this Section does not constitute a waiver by County of any right it might from time to time have against Contractor under the Contract Documents. 7 SS 10. PAYMENT AND MONTHLY ESTIMATES: Road Commissioner, once each month, after said work is commenced and until after the completion and acceptance thereof, shall make and deliver to Contractor duplicate certificates stating the value of work then completed according to the contract, estimated according to the standard of the unit contract price, and thereupon Contractor shall be paid an amount sufficient with all previous payments to make the aggregate ninety percent (90%) of the amount earned as certified. The partial payments made as the work progresses will be payment on account on work performed as of the 25th of the month and shall in no way be considered as an acceptance or any part of the work or material of the contract, nor shall they in any way govern the final estimate. No such estimate or payment shall be made when in the judgment of the Road Commissioner the total value of the work done since the last estimate amounts to less than $300. SS 11. PAYMENT FOR EXTRA WORK (FORCE ACCOUNT BASIS): Extr'a work to be paid for on a force account basis as directed by the Engineer will be paid for as set forth in Section 9-1.03 of the Standard Specifications. The labor surcharge, equipment rental rates and the right of way delay factors for each classification of equipment are listed in the Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates. A copy of which is on file at the Office of the Road Commissioner and is hereby incorporated herein in its entirety. SS 12. FINAL PAYMENT: Within thirty (30) days after the completion of the work and its acceptance by the Board of Supervisors, Road Commissioner will make a proposed final estimate in writing of the quantities of work done under the contract and the value of such work and will submit such estimate to Contractor. Within thirty (30) days thereafter Contractor shall submit to Road Commissioner his written approval of said proposed final estimate or a written statement of all claims which he has for additional compensation claimed to be due under the contract. On Contractor's approval or if he files no claims within said period of thirty (30) days, Road Commissioner will issue a final written estimate as submitted to Contractor and County shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. If Contractor within said period of thirty (30) days files claims, Road Commissioner will issue as a semi-final estimate the proposed estimate submitted to Contractor and the County will within thirty (30) days pay the sum found due thereon after deducting all prior payments and all amounts to be kept and retained under the provisions of the contract, Road Commissioner shall then consider and investigate Contractor's claims and shall make such revisions in the said estimate as he may find to be due, and shall then make and issue his final written estimate. County will pay the amount so found due after deducting all previous payments and amount to be retained under the contract. All prior or partial estimates and payments shall be subjected to correction in the final estimate and payment. The final estimate shall be conclusive and binding against both parties to the contract on all questions relating to the performance of the contract and the amount of work done thereunder and compensation therefore, except in the case of gross error. Acceptance of final payment constitutes a release of County by Contractor of all claims relating to the work. SS 13. DAMAGES: Contractor acknowledges that failure to perform in strict accordance with the Contract Documents will cause County to suffer special damages in addition to cost of completion of the work in accordance with the provisions of the Contract Docu- ments. Such special damage could include, but is not limited to, lease and rental cost, additional salaries and overhead, interest during construction, attorney expense, additional engineering, and inspection expense and cost of maintaining or constructing alternate facilities. SS 14. DOCUMENTS OF CONTRACTOR: Upon demand, Contractor shall make available to County all documents in its possession relevant to the work accomplished or to be accomplished or any demand or claim of Contractor as to County. This includes copies of documents sent by Contractor or others in its possession. Contractor shall further make available to County conformed copies of all documents submitted to the sureties who executed the Bid Bond, Faithful Performance Bond or Payment Bond' for the purpose of obtaining the sureties' signature, including any guarantee or indemnification made to such surety by others for such purpose. Contractor shall maintain in his possession all documents relative to the work for three years after Notice of Completion. 15. RESPONSIBILITY OF CONTRACTOR TO ACT IN AN EMERGENCY: In case of an emergency which threatens loss or injury to property or life, Contractor shall act without previous instructions as the situation may warrant. Contractor shall notify Road Commissioner immediately thereafter. Any compensation claimed by Contractor, together with substantiating documentation shall be submitted to County via Road Commissioner. SS 16. LABOR CODE: Reference is made to Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). By this reference said Chapter 1 is incorporated herein with like effect as if it were here set forth in full. The parties recognize that said Chapter 1 deals, among other things with discrimination, penalties and forfeitures, their disposition and enforcement, wages, working hours, and securing worker's compensation insurance and directly effect the method of prosecution of the work by Contractor and subject it under certain conditions to penalties and forfeitures. Execution of the Agreement by the parties constitutes their agreement to abide by said Chapter 1, their stipulation as to all matters which they are required to stipulate as to by the provisions of said Chapter 1, constitutes Contractor's certification that he is aware of the provisions of said Chapter 1 and will comply with them and further constitutes Contractor's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the~ performance of the work of this contract." Contractor and his subcontractors shall comply with the provisions of SS 1777.5 of the Labor Code regarding apprentices. Contractor shall post at each job site during the course of the work a copy of County's "Determination of Prevailing Wage Rates", copies of said Determination are available from County for this purpose. SS 17. OBSTRUCTIONS: Attention is directed to Sections 8-1.10, "Utility and Non-Highway Facilities", and 15, "Existing Highway Facilities", of the Standard Specifications and these Special Provisions. Add the following to the fourth paragraph of Section 8-1.10, "Utility and Non-Highway Facilities", of the Standard Specifications is amended to read: In the event that the utility facilities mentioned above are not removed or relocated by the times specified and, if in the opinion of the Engineer, the Contractor's operations are delayed or interfered with by reason of the utility facilities not being removed or relocated by said times, the State will compensate the Contractor for such delays to the extent provided in Section 8-1.09, "Right of Way Delays", of the Standard Specifications, and not otherwise, except as provided in Section 8-1.10, "Utility and Non-~ighway Facilities", of the Standard Specifications. $S 18. INSURANCE - HOLD HARMLESS: In lieu of the provisions of Section 7-1.12 the following shall apply: Contractor shall not commence work under this contract until he has obtained the insurance required hereunder and satisfactory proof of said insurance has been submitted to and approved by the County of Riverside. Compensation Insurance: Contractor shall procure and maintain during the life of the contract Worker's Compensation Insurance as required by the State of California. Contractor shall further require each of its subcontractors to procure Worker's Compensation Insurance as required by the State while working on the project. Liability Insurance: Contractor shall take out and maintain during the course of the work combined single limit liability insurance covering bodily injury and property damage insurance and blanket contractual coverage as to the work and obligations covered hereunder in an amount not less than $500,000 or the equivalent thereof. Said insurance must contain an endorsement the County of Riverside is named as an additional insured as respects the work covered hereunder and said insurance must not contain, as respects the work covered hereunder, any exclusions as to bodily injury or death or property damage arising out of blasting, explosion, or underground damage to wire, pipes, conduits, mains, sewers, tank tunnels or any similar property - i.e. the so-called "x c u" exclusions. The insurance certificate evidencing such insurance must affirmatively state that the insurance carrier (s) will give Owner 30 days.written notice prior to cancellation of the insurance or a reduction in coverage, must state that the "x c u" exclusions are waived or do not exist in the policy (s); and that County of Riverside is named as an additional insured as respects the work covered hereunder. In the alternate to naming County of Riverside as additional insured, Contractor may take out and maintain during the course of the work and until acceptance by County, Owner's Protective Liability Insurance in an amount not less-than $500,000 covering County of Riverside. Hold Harmless: Contractor shall hold County of Riverside, its officers, agent, and employees free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of Contractor, its officers, agents, employees or subcontractors relating to or in anywise connected with or arising from the accomplishment of the work, whether or not such acts or omissions were in furtherance of the work required by the Contract Documents and agrees to defend at his expense, including attorney fees, Owner, County of Riverside, its officers, agents, employees and independent Architect in any legal action based upon any such alleged acts or omissions. 19. EQUAL EMPLOYMENT OPPORTUNITY: General: Contractor shall not discriminate in its recruiting, hiring, promotion, demotion of termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age or physical handicap in the performance of this Contract shall comply with the provisions of the California Fair Employment Practice Act (commencing with SS 1410 of the Labor Code), the Federal Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), as amended, and all administrative rules and regulations issued pursuant to said Acts and Order. See particularly 41 Code of Federal Regulation (CFR) Chapter 60. Contractor shall require each of its subcontractors to comply with the preceding paragraph and shall include in each subcontract language similar to the preceding paragraph. Contractor shall permit access to its records of employment, employment advertisement, application forms and other pertinent data and records by Owner and any State or Federal agency having jurisdiction for the purpose of investigation to ascertain compliance with this Section. Owner may assign an affirmative action representative to monitor Contractor and its subcontractor (s) conduct required by this Section, including the right of entry to the construction site for the purpose of obtaining information from persons performing work on the project providing such inspection does not interfere with the progress of the work. Elsewhere in the Contract Documents specific requirements may be contained covering the same subject matter of this Section. If so, such specific requirements prevail over this Section in case of conflict. Transactions of $10,000 or Under: Contracts and subcontracts not exceeding $10,000 are exempt from the requirements of this Section. No contractor or subcontractor shall procure supplies and/or services in less than usual quantities to avoid applicability of this Section. With respect to contracts and subcontractors for indefinite quantities, this Section applies unless the amount required in any one year under such contract will reasonably be expected not to exceed $10,000. Transactions in Excess of $10,000, but Less Than $50,000: At Owner's request, Contractor shall certify that it has in effect an affirmative action plan and agrees to comply with all State and Federal laws and regulations regarding Fair Employment Practices. Contractor shall maintain a written copy of its affirmative action plan and furnish Owner a copy of the plan upon request. Owner may require Contractor to complete an Affirmative Action Compliance Report, on a form furnished by Owner, setting forth definite goals during the term of the Contract. Transactions of $50,000 or More: If Contractor has fifty or more employees and a Contract for $50,000 or more, it shall develop and submit to Owner, within thirty days after award, a written affirmative action compliance program providing in detail specific steps to guarantee equal employment opportunity. Contractor shall include in its affirmative action program a table of job classifications, which table shall include but need not be limited to job titles, duties, and rates of pay. Contractor shall in each subcontract let to do a portion of the work covered hereunder, where the subcontractor involved has fifty or more employees and the subcontract is for $50,000 or more, impose in the subcontract the above requirements. For the purpose of determining the number of employees, the average of the Contractor's or its subcontractor's employees for the twelve month period immediately prior to award, or the total number of employees the Contractor or its subcontractor will have when performing this contract, whichever is higher, shall be used. Federal Assisted Construction: If this project is a Federally assisted construction project, then the contract provisions contained in 41 CFR SS 60-1.04 (b) are incorporated herein and the Contractor shall likewise incorporate said provisions in each subcontract entered by Contractor to perform the work. Federally assisted construction is identified as such in the Notice Inviting Bids. SS 20. DEPOSIT OF SECURITIES: In accordance with California Government Code Section 4590 and other applicable law, the Contractor may substitute securities for any moneys withheld to ensure performance under the contract. · 14 CONSTRUCT RETAINING WALL RANCHO CALIFORNIA SPORTS PARK W.O. # 68-8069 SPECIAL PROVISIONS DESCRIPTION: In general, this project consists of constructing a various height concrete retaining wall in the Rancho California Sports Park of Riverside County. The work involves placing a 4" and 6" pvc drains, constructing concrete gutter, gutter cleanout, drainage pipe outlet, 6' chain-link fence and other work as may be required. SPECIFICATIONS: The work covered herein shall be done in accordance with the details shown on the plans, as outlined in the Standard Specifications, or as provided in these Special Provisions. PUBLIC CONVENIENCE, PUBLIC SAFETY AND MAINTAINING TRAFFIC: Maintaining traffic shall conform to the provisions in 7-1.02 "Weight Limitations", 7-1.06 "Safety and Health Provisions", 7-1.08 "Public Convenience", 7-1.09 "Public Safety", 7-1.12 "Responsibility for Damage", and 12-3.04 "Portable Delineators" of the Standard Specifications and these Special Provisions. All warning lights, signs, flares, barricades and other facilities for the sole convenience and direction of public traffic shall be furnished and maintained by the Contractor. All signs shall conform to and be placed in accordance with the current "Manual Of Traffic Controls, issued by the California Department of Transportation for construction and maintenance of work zones. All construction signs shall be either covered or removed when not required by the nature of the work or if no present hazard to the motorist exists. Dust control shall conform to the provision of Section 10 of the Standard Specifications except that no extra work will be allowed when the Engineer orders the application of water for the purpose of controlling dust caused by public traffic as provided for in the last paragraph of Section 10. Full compensation, except as otherwise provided herein, for conforming to the requirements of this article shall be considered as included in the contract bid prices paid for the various items of work, and no additional compensation will be allowed therefor. DISPOSAL OF EXCESS EXCAVATION OR MATERIALS: Should excess excavation or other materials be developed during the progress of the work such excess shall be disposed of adjacent to the site, as directed by the Engineer. Full compensation of such disposal will be considered as included in the prices paid for the various items of work and no additional allowances will be made therefor. ITEMS OF WORK: MINOR STRUCTURES: Minor structures shall conform to the applicable portions of Sections 90, 51, 52 and 75 of the Standard Specifications. Minor structures for this project shall consist of retaining wall, gutter, cleanout and drain. Concrete to be used in the construction of minor structures shall be Class "A" concrete (6 sack mix) for the wall and Class "B" concrete for the gutter. The provisions of the second paragraph of Section 51-1.02 of the Standard Specifications will not apply. All exposed metal shall be galvanized in conformance with Section 75-1.05 of the Standard Specifications. Reinforcement shall conform to details shown on the plans. Measurement and Payment: The unit price paid per linear foot for concrete gutter and drain and the unit price paid per square foot for concrete wall shall include full compensation for furnishing all labors, materials, tools and equipment, and doing all work involved in the complete structure, including footings, structure excavation and backfill, furnishing and placing reinforcement, metal frames, covers, grates and PVC pipe and no further allowances shall be applied. 6' CHAIN-LINK FENCE: Fence construction shall conform to the provisions of Section 80-3 of the Standard Specifications and Standard F 10 of the State Standard Plans. OBSTRUCTIONS: Attention is directed to Sections 8-1.10, "Utility and Non-Highway Facilities", and 15, "Existing Highway Facilities" of the Standard Specifications and these Special Provisions. The Contractor's attention is directed to the existence of certain underground facilities that may require special precautions be taken by the Contractor to protect the health, safety and welfare of workmen and the public. Facilities requiring special precautions include, but are not limited to: conductors of petroleum products, oxygen, chlorine, and toxic or flammable gases; natural gas in pipe lines greater than 6 inches in diameter or pipe lines operating at pressures greater than 60 psi (gage); underground electric supply system conductors or cables either directly buried or in duct or conduit which do not have concentric neutral conductors or other effectively grounded metal shields or sheaths; and underground electrical conductors with potential to ground of more than 300 volts. The Contractor shall notify the Engineer at least twenty four hours prior to performing any work in the vicinity of such facilities. Forty-eight hours prior to beginning construction, the contractor shall notify the following agencies: Underground Service Alert 1-800-422-4133 Southern California Edison 714-943-8270 General Telephone 714-929-9424 Rancho California Water 714-676-4101 Eastern Municipal Water District 714-925-7676 Southern California Gas 714-335-7970 17 AhlAHF..tM BAKFRSF~ELD M O O R E ~ TA I~ E R GEOTECHNICAL ENGINEERS AND GEOLOGISTS ~0 WEST ~.~,A.~o ~.,VE S~. 0~0. C~O.~ e~Z~ TELEPHONE (619) 4.7-2113 FAX: (619) *~7-2357 GEOTECHNICAL STUDY Proposed Retaining Wall Temecula Sports Park Temecula, Californi'a CLIENT Tait and Associates 800 North Eckhoff Street P.O. Box 4429 Orange, California 92613 October 9, 1989 Job No. 689-114 M O O R E ~, TAB E R GEOTECHNICAL ENGINEERS AND GEOLOGISTS GEOTECHNICAL INVESTIGATION INTRODUCTION This report presents the results of a .geotechnical investigation performed at the subject site in order to provide design recommendations for a planned retaining wall. The retaining wall will be constructed to the rear of an existing multi-purpose building which services the Temecula Sports Park. Previous site work has resulted in the creation of a slope varying from about 14 to 19 feet in height. Adjacent to the existing structure there is a nearly vertical slope having a maximum height of about 16 feet. To either side of the structure the steepness of the slope decreases. Scope of Work The geotechnical investigation included site reconnaissance, subsurface exploration, soils sampling, field and laboratory testing, engineering analyses, design recommendations, and the preparation of this report. The scope of work included performance of the following specific tasks: Review of previously acquired geotechnical reports and data. ... General reconnaissance of site. Observe geotechnical and geologic conditions exposed along the existing cut slope. Visually classify and continuously log substrata encountered during the subsurface exploration. Observe groundwater conditions at the time of the field study. Conduct pertinent laboratory tests on representative soils samples. Interpret and analyze field and laboratory test results. ... Evaluate local geology. Evaluate regional seismol~gy. · geology and engineering Job No. 689-114 - October 9, 1989 -2- M O O R E ~, TAB E R GEOTECHNICAL ENGINEERS AND GEOLOGISTS Consider feasible types of foundations, perform geotechnical engineering analyses, and develop practical design recommendations for the support of vertical and lateral loads. Prepare this written report, documenting the work performed, the physical data acquired and resulting geotechnical design recommendations. Site History Based on site observations and a review of a previously prepared geotechnical report, the following information has been obtained. The study area was initially graded during the construction of site improvements associated with the Temecula Sports Park. Geotechnical data pertaining to the subject site was presented in the following report. Preliminary Soils Investigation and Grading Plan Review, Sports Park Expansion 1, Rancho California, Prepared by Leighton and Associates, dated November 7, 19~4, Project No. 6841298-01. FIELD EXPLORATION The field exploration was planned to obtain soils and geologic information sufficient to classify site materials and allow geotechnical design of the proposed retaining wall. This section includes a brief description of our field observations, subsurface exploration, earth materials, and groundwater conditions. The location of the boring is shown on Plate I. The log of test boring and more detailed field exploration information are presented in Appendix A. Subsurface Exploration The subsurface exploration was completed in September 1989 and included the drilling of one (1) test boring to a depth of 15.0 feet. Representative samples of the substrata were obtained and existing groundwater conditions were observed. Upon completion of the field exploration, the boring was backfilled. Job No. 689-114 - October 9, 1989 -3- M O O R E ~, TAB E R GEOTECHNICAL ENGINEERS AND GEOLOGISTS Earth Samples: Both bulk and relatively undisturbed samples of representative soil types were obtained from the boring and adjacent embankment for laboratory testing and examination. The in-place samples were obtained by driving a 2.5-inch I.D. ring sampler with a 140-pound weight dropping about 30 inches. Soil Classification: Earth materials were visually classified in the field in accordance with accepted engineering and geologic practice. Soil samples were classified using the Unified Soil Classification described in Appendix A. Professional Supervision: The excavating and sampling operations were performed under the direct supervision of experienced geotechnical personnel who also logged the boring and prepared the samples for subsequent examination and laboratory testing. Substrata The earth 'material exposed in the embankment cut and encountered in the test borings were identified as friable sandstone members of the Pabua formation. As exposed in the cut slope and boring, the formational unit consists of alternating beds of silty sand, clayey silty sand, silty clay, and fine to coarse sand. LABORATORY TESTS The following laboratory tests were performed to measure relevant physical and chemical properties of representative earth materials. Dry Density - Moisture Content Direct Shear Sand Equivalent Percent Soluble Sulphate A brief description of each laboratory test and specific test results for soil samples are presented in Appendix B. SITE EVALUATION The investigation found no evidence of unusual or significant geotechnical hazards which might adversely influence the propased construction. Job No. 689-114 - Qctober 9, 1989 -4- M O O R E ~,, TAB E R GEOTECHNICAL ENGINEERS AND GEOLOGISTS Groundwater was not encountered during the field investigation. Regional data and local topographic conditions indicate that groundwater should not impact construction. Seismic ExDosure Review of available geologic literature indicates no known faults pass through the study area nor were any faults identified by past geotechnical studies. The study area is not located within the boundaries of any Special Studies Zone established by the Alquist-Priolo Act. The Elsinore Fault classified as active, is situated approximately one (1) mile to the west and the San Jacinto vault is located about 20 miles northwesterly. An Earthquake Epicenter and Fault Map are presented in the back of the report, Plate II. Therefore, the site is considered subject to moderate ground shaking due to possible future seismic activity. However, no ground rupture on the property is anticipated, and the earthquake risk is considered to be typical for the area. The Uniform Building Code should be followed with respect to seismic design. Liquefaction Due to classification and density of the subsurface materials encountered, it is our opinion that the earth materials are not subject to liquefaction, during periods of seismic activity. DESIGN RECOMMENDATIONS Geotechnical data obtained from the site investigation and laboratory testing was utilized in order to develop geotechnical recommendations for the planned earth retaining structure. Footing Foundation Bearing Capacity: Footings should be founded at a depth of at least 18-inches below the lowest adjacent ground surface into dense formational material. Retaining wall footings may be designed for a maximum toe pressure of 4000 p.s.f. Lateral Loads: Lateral loads may be resisted by frictional resistance between supporting soils and the bottom of footings and/or passive earth pressures acting on the sides of footings. The ultimate static horizontal frictional resistance for footings is 0.60.times the applied vertical Job No. 689-114 - October 9, 1989 -5- M O O R E ~, TAB E R GEOTECHNICAL ENGINEERS AND GEOLOGISTS pressure. The ultimate horizontal passive earth pressure for undisturbed native material is 360 p.s.f. per foot of embedment below the lowest adjacent surface. If the footing is not abutted by a slab or paving, the horizontal passive earth pressure for the upper 12-inches of formational material should not be considered. It should be noted that the foregoing values are ultimate and an appropriate factor of safety should be applied to acquire design values. Additionally, if frictional and passive lateral resistance are combined, the passive lateral resistance should be reduced by 50 percent. Lateral Pressures on Retaining Structures The lateral load against a retaining structure is dependent on the gradient of the ground surface above the wall, the angle of the cut slope, wall flexibility, and the type of backfill. The following design parameters consider several options regarding the construction of the wall. The first option is based on steep cuts being made for construction of the wall. This option will mininize the amount of backfill required and will allow for lower lateral pressures since potential failure planes will be located within the formational materials. The second option is based on slopes being cut back no steeper than 3/4:1 (horizontal: vertical). The first option is based on the excavation behind the wall being cut vertical for a height of 5 feet above existing grade and then cut back at 1/2:1 above the vertical cut. This option will require a shoring system to protect workers. For this option, the lateral design pressures are: 26 p.s.f. per foot of depth if the slope above the wall is no steeper than 2:1 and the slope height is 4 feet or less. 32 p.s.f. per foot of depth if the slope above the wall is no steeper than 2:1 and the slope height exceeds 4 feet. Option two is based on the entire cut slope behind the wall being cut back no steeper than 3/4:1. No shoring will be required for this option. 37 p,s.f. per foot of depth if the slope above the wall is no steeper than 2:1 and the slope height is 4 feet or less. 50 p.s.f. per foot of depth if the slope above the wall is no steeper than 2:1 and the slope height exceed~ 4 feet. ~ Job No. 689-114 - October 9, 1989 -6- M O O R E ~, TAB E R GEOTECHNICAL ENGINEERS AND GEOLOGISTS All design loads should be assumed to be acting in the horizontal direction. The design parameters are based on the assumption that the retaining wall will be well drained. Most of the on-site soils contain too many fines to provide good drainage. One option is to import a granular material to provide a drainage layer behind the wall. A second option would be to use a geocomposite drainage layer directly against the back of the wall. This option would allow maximum use of on-site materials as backfill. All backfill should be compacted to at least 90 percent of the laboratory maximum density as determined by ASTM D1557. Imported drainage material should have a sand equivalent of at least 30. For either option, a drainage device should be located at the top of the wall to capture surface flow and the drainage behind the wall should lead to a perforated drain pipe or weep holes. Concrete Corrosion Chemical analysis of a sample of the formational material shows only a very slight concentration of soluble sulphates. Consequently, no special Portland cement need be used in construction of the retaining wall due to sulphate attack. CLOSURE This report has been prepared in accordance with generally accepted geotechnical practices and'makes no other warranties, either express or implied, as to the~professional advice or data included. MOORE AND TABER Walter M. Christian WMC/SHM/ID Stanley H. Madsen Registered Civil Engineer 16569 (expires 6-30-93) Attachments: Appendix A - Boring Log Appendix B - Test Results Plate I - Plan Plate II - Epicenter Map Distribution: (4) Addressee Job No. 689-114 -, October 9, 1989 -7- APPENDIX A UNIFIED SOIL ON I CH I MH OLICLIML Highly Silts and cloys or~onic Liquid limit grater than 50 Silts and cloys Liquid limit less than 50 Fine grained soils (More than 500/0 is smaller than He 200 sieve) CL ~ CLASSIFICATION SC ISM SP I SW GC I GM GP Sands with tinel Cleon sands Grovels with fines Cleon grovels )12°/o fines (§O/oPines ~,12 °/elinil Sands-marathon50% arcearle Gravels- more than50% arcearle fraction is smaller than Ng 4 sieve. fraction is larger than Ng4 sieve. Coarse grained soils ( More than 500/0 is larger than Ng 200 sieve) LABORATORY CLASSIFICATION CRITERIA Dee greater thon4forGW &6forSW;Cc= (D-~)2 between owand $W- Cu= DIe Di0 x Dee GPand SP- Cleon gravel or sand not meeting requirements for GW and SW. GMand SM-Atterberg limits below"A' line or P.I. less than 4. GC and SC-Atterberg IJmit~ above "A' line with P. I. greater than 7. land sand I~andl gravel gravel Sieve sizes ~ ~ o_ q~ ~ % a13 ~0 ,1:) eoeo 1~ ID ,0 130 Classification of earth materials shown on this sheet is based on field inspection and LIQUIO LIMIT should not be construed to imply laboratory analysis unless so stated. MATERIAL SYMBOLS ~l-'~ Peat .or J~ Gravel ~ organic matter ~ Sand BFiII material ~x~ Silt i~ Shale ~Clay : i~ Sandston. !'~Sandy clay or ~Limesfone clayey se~d :.~ Sandy silt or II]11111 Metamorphic silty sand Iii11111 rock /Silty clay or clayey silt Blgneous rock CONSISTENCY CLASSIFICATION ~FOR SOILS According to the Standard PenetrationTest Nt of blows Granular Cohesive 0-5 Very loose Very soft 6- I0 Loose Soft I I - 20 Semicompact St i f f 21 - 35 Compact Very stiff 36- 70 Dense Hard ~70 Very dense Very hard LEGEND OF BORING LEGEND .OF PENETRATION TEST sample~ Drive _~ sample Conformable material chanae Approximate material change Unconformable material change ~ Bottom of %boring is I !_ow. s_ - 1 ]1 5 [ Blows pe' fo3t _ o . 2o (Us'3g 1443 lb B.P.F hammer with I0. Graphic representation of :Sd/drop'.= $50 -- ft/Ib blew) _ driving rate. MOORE TABER TEST TYPE 8" Hollow-Stem Auger 98 5.2 92 23.4 412.51 362.52 Bag3 442.54 103 8.1 106 16.9 462.55 112 10.1 50 2,5 6 11' BOrl NG LOG ELEVATION IBORING ~ Formational Material Yellow-broken fine SIL~--f Gray fine S!i,TY SLND with CLAY Gray fine to coarse SA>~D Dark brown SILTY CLAY fine SIL~f SAND Red-bro%.al fine to coarse SAckeD -- NOTES: !. No groundwater. 2. No caving. 3. Hole backfilled. ~THIS BORING LOG SUMMARY APPLIES ONLY AT THETIME AND LOCATION INDICATED. SUBSURFACE CONDITIONS MAY DIFFEE AT OTHEE LOCATIONS ANO TIMES. LOGGED BY WC DATE 9/19/89 APPENDIX B M O O R E ~, TAB E R GEOTECHNICAL ENGINEERS AND GEOLOGISTS LABORATORY TESTING The laboratory testing was designed to fit the specific needs of this project and was limited to testing on-site materials. A specific description of each type of test is presented below; specific results are given on page B-2. Strength characteristics of the soils were determined in the laboratory by direct shear tests performed on one (1) undisturbed sample and one (1) remolded sample. Samples were submerged and tested under three different normal loads. All samples were tested in a 2.5 inch I.D. circular shear box, using a controlled displacement rate of 0.04-inch per minute in general accordance with ASTM D3080. The concentration of soluble sulphate was determined for one (1) soil sample in general accordance with California Test Method No. 417. The average Sand Equivalent of one (1) soil sample was determined in accordance with ASTM D2419. Job No. 689-114 - October 9, 1989 B-1 M C) O R I=' & TAB E R CONSULTING ~'N¢31NII'I~'R$ AND SOIL TEST RESULTS Zn'~ NO. 689-1i4 - C~tober 9, 1989 I / RANCHO VISTA ROAD !' PAUSA ~ ~ ROAD o~