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Home My WebLink About042391 CC AgendaA OENDA TEMECUL4 CITY COUNCIL A REOUL4R MEETING TEMECULA TEMPORARY COMMUNITY CENTER- 27475 COMMERCE CENTER DRIVE APRIL 23, 199f - 7:00 PM EXECUTIVE SESSION: 6:30 - Closed Session of the City Council pursuant to Government Code Section 54956.9 to discuss pending litigation regarding S62557 TEMECULA REDEVELOPMENT A OENCY EXECUTIVE SESSION: 6:45 PM- Closed Session pursuant to Government Code Section 54956.9(b) to discuss potent/a/litigation. Next in Order: Ordinance: No. 91-16 Resolution: No. 91-39 CALL TO ORDER: Mayor Ronald J. Parks Invocation Pastor George Simmons, Temecula Valley House of Praise Flag Salute Councilmember Moore ROLL CALL: Birdsall, Lindemans, Moore, Mur~oz, Parks PRESENTATIONS/ PROCLAMATIONS Proclamation o Operation Homecoming Day Presentation - County of Riverside Centennial Events by Robert Fitch, Centennial Chairman PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item not listed on the Agenda, a pink 'Request To Speak' form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name and address. For all other agenda items a 'Request To Speak' form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. 2/aoendl/042301 I 04/18/91 CONSENT CALENDAR 2 Standard Ordinance Adoption Procedure RECOMMENDATION 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes RECOMMENDATION: 2.1 Approve the minutes of April 9, 1991 as mailed. 3 Resolution Aoorovinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled:. RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT 4 City Treasurer's Report for Month Ended March 31. 1991 RECOMMENDATION: 4.1 Receive and file report. 5 Resolution Recoqnizinp Riverside Countv Law Enforcement Museum RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECOGNIZINg; THE RIVERSIDE COUNTY L4 W ENFORCEMENT MUSEUM AS AN AUTHORIZED REPOSITORY FOR RIVERSIDE COUNTY HISTORICAL MATERIALS RELA TED TO LAW ENFORCEMENT AND PUBLIC SAFETY. 21aoertda/042381 2 04/18~1 Resolution in Suooort of Senate Bill 169 RECOMMENDATION: 6.1 Adopt a resolution entitled RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, SUPPORTING SENATE BILL 169 WHICH REPEALS THE PRO VISIONS OF SB-2 5 5 7 AND ENSURES THE PRO TEC TION OF CITIES FROM THE STATE BUDGET PROCESS. 7 8 Release of Bonds - Tract No. 9833-3 RECOMMENDATION: 7.1 Authorize the release of Faithful Performance Warranty Bonds, Monument Bond and Materials and Labor Bonds for Tract 9833-3. 7.2 Direct the City Clerk to so notify the Clerk of the Board of Supervisors. Release of Bonds - Tract No. 9833-F RECOMMENDATION: 8.~1 Authorize the release of Faithful Performance Warranty Bonds, and Materials and Labor Bonds on Tract No. 9833-F. 9 Waiver of Permit Fees - BirthriQht RECOMMENDATION: 9.1 Approve the waiver of permit fees to cover the annual rummage sale held by Birthright as their major rund raiser. 21aGenda)042381 3 04118/91 SECOND READING OF ORDINANCES 10 Ordinance Amending Zoning Pertaining to Soecific Plan No. 219 RECOMMENDATION: 10.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ZONING ORDINANCE NO. 90-04 PER TAINING TO ORDINANCE NO. 348.2919 (SPECIFIC PLAN NO. 219) AS IT RELATES TO ZONING. PUBLIC HEARINGS Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. 11 Adoorion of Vehicle and Traffic Ordinance RECOMMENDATION: 11.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO, 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING PORTIONS OF THE NON-CODIFIED RIVERSIDE COUNTY ORDINANCES AND ADDING CHAPTER 12. 08 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING REGULATIONS RELA TING TO VEHICLES AND TRAFFIC. 12 ~eg~425~1 Am)eal No. 10. Doubletree Suites SiQn RECOMMENDATION: 12.1 Deny Appeal No. 10 based on the analysis contained in the staff report. 4 04/1~/~ 1 13 Appeal No. 11. Second Extension of Time - Parcel Mao .P2629 RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 9 I- A RESOLUTION OF THE CITY COUNCIL OF THECITY OF TEMECULA DENYING APPEAL NO. 11 TO MODIFY CONDITIONS NO, 10 AND 11 FOR THE SECOND EXTENSION OF TIME FOR PARCEL MAP NO. 22629. 14 Extension of Interim Zone Ordinance No. 90-09 Pertainin¢~ to Requlations for Outdoor Advertising Disr)lavs. RECOMMENDATION: 14.1 Adopt an ordinance entitled: ORDINANCE NO. 91- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, EXTENDING INTERIM ZONING ORDINANCE NO. 90- 08 PERTAINING TO REGULATIONS FOR OUTDOOR ADVERTISING DISPLAYS PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65858(b) AND MAKING FINDINGS IN SUPPORT THEREOF CSD MEETING - (To be held at 8:00 PM) ~ease see sepa~te agenda COUNCIL EUS!NESS 15 Reoort on Underorounding of Utilities (Placed on the agenda at the request of Councilmember Mur~oz) Presentation by Mr. Doug Davies, Southern California Edison Company 2/~0(~da/042381 6 04/18/81 1 6 Emeraencv Imolementation of Street Reoair Program RECOMMENDATION: 16.1 Authorize staff to continue to employ a project employee entitled maintenance supervisor for the remainder of the fiscal year. 16.2 Authorize staff to continue to contract for street repair services with a private contractor on an emergency basis (as directed at the City Council meeting of April 9, 1991) through the remainder of the fiscal year or until the emergency condition is resolved, whichever occurs first. 16.3 Direct staff to develop a street repair program for FY 1991-92 and to propose such a program during FY 1991-92 budget review sessions. 17 Adoorion of Hazardous Vegetation Ordinance RECOMMENDATION: 17.1 Read by title only and introduce. an ordinance entitled: ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING CHAPTER 6. 14 AND ADDING CHAPTER 6. 16 TO THE TEMECULA MUNICIPAL CODE TO PRO VIDE FOR EXPEDITED ABATEMENT OF HAZARDOUS VEOETA TION FROM VACANT LOTS OR PARCELS 17.2 Schedule second reading and a public hearing for May 14, 1991 to hear any objections to the adoption of this ordinance. 18 ADopintment of Two Planninq Commissioners - Terms Commencinq June 4. 1991 RECOMMENDATION: 18.1 Reappoint Commissioners Dennis Chiniaeff and John Hoagland to four year Planning Commission terms. 19 211gende/0423~ ! Final Tract MaD No. 21067 - Located East of Jedediah Smith Road end Southerly of State HiQhwav 79. RECOMMENDATION: 19.1 .Approve Final Tract Map No. 21067, Amended No. 3 subject to the conditions of approval. 04111/~ 1 2O 21 22 23 Reconsideration of Western Ridgeline Policies (Continued from the meeting of April 9, 1991) RECOMMENDATION: ' 20.1 Direct Staff to develop interim Hillside and Open Space policies to be used as the City of Temecula's Western Ridgeline Policies until the General Plan is adopted. Reconsideration of Zone Chanae No. 5748 and Tentative Tract MaD 25980 (Continued from the meeting of April 9, 1991) RECOMMENDATION: 21.1 Direct Staff to forward a recommendation of denial to the County of Riverside Planning Department relative to Change of Zone' No. 5748 and Tentative Tract Map No. 25980. Television and Radio Transmitting Antenna Follow-uo RePort RECOMMENDATION: 22.1 Direct the Planning Staff as to the types of issues and development standards criteria the Planning Commission and Planning Department Staff should examine in drafting new zoning regulations for antennas in the City of Temecula. Consideration of National Electrical Code. 1990 Edition. and the 'Uniform Administrative Code Provisions for the National Electrical Code. 1990 Edition with Certain Amendments RECOMMENDATION: 23.1 Read by title only and introduce an ordinance entitled: 23.2 ORDINANCE NO. 91- AN ORDINANCE OF' THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTINO BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1990 EDITION, WITH CERTAIN AMENDMENTS AND THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODES, 1990 EDITION WITH CERTAIN AMENDMENTS. Schedule second reading of the ordinance and set matter for public hearing on May 14, 1991. 21e(wndW042381 7 04116/61 24 Riverside County Habitat Conservation A;iencv Fund Use Recommendation (Placed on the agenda at the request of Mayor Parks.) RECOMMENDATION: 24.1 Advise the Riverside County Habitat Conservation Agency that the City Council concurs with a proposed study to evaluate other endangered species, through the use of K-rat funds placed with the agency. 24.2 Direct staff to prepare an ordinance change to establish the use of collected K-rat fees to include mitigation fees for other endangered species. 25 Consideration of The Financial Imoacts of SB-2557 (Placed on the agenda by City Manager David Dixon) TEMECULA ' REDEVEL OPMENT AGENCY AGENDA ' 26 Pass-throuqh Aereement With the County of Riverside RECOMMENDATION: 26.1 Approve the pass-through agreement with the County of Riverside and authorize the City Manager to execute the agreement on behalf of the Redevelopment Agency. CITY MANAGER'S REPORT CITY ATTORNEY'$ REPORT CITY COUNCIL REPORTS ADJOURNMENT Budget Workshop meeting: May 7, 1991,7:00 PM, Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California. Next regular meeting: May 14, 1991, 7:00 PM, Temporary Temecula Community Center, 27475 Commerce Center. Drive, Temecula, California 2/egende/O42391 8 04/18/~ 1 PROCLAMATIONS AND PRESENTATIONS Proclamation The City of Temecula WItEREAS, the City Council of the City of Temecula shares with all the citizens of this community enormous pride in the accomplishments of the armed forces of the United States; and WHEREAS, our community has mounted a volunteer effort to recognize the men and women of the United States armed forces for their bravery, patriotism and unselfish sacrifices in performance of their duties; and WHEREAS, this community recognition will take the form of a parade to be known as the "Operation Homecoming Parade", commencing at 10:00 AM on May 11, 1991, along Front Street as it passes through Old Town Temecula; and WHEREAS, the parade will be immediately followed by an old fashioned community social to be held in Sam Hicks Memorial Park; and WHEREAS, the purpose of these events are to show the grateful appreciation of the citizens of the City of Temecula for all those courageous troops who have gone to war in defense of this Country and in defense of world peace, whenever and wherever it has been threatened; NOW, THEREFORE, the City Council of the City of Temecula hereby proclaims May 11, 1991 to be "Operation Homecoming Day" IN WITNESS WHEREOF, I have hereunto set my hand and mused the Seal of the City of Temecula to be affixed this 23th Day of April, 1991. Ronald J. Parks Mayor June S. Greek City Clerk Robert j. Fitch 5811 Arg!)le Wat~ Riverside, Califomio 92506 (714) ~3-8~ February 17, 1991 Temecula City Council P.O. Box 3000 Temecula, CA 92390 Attention: Dave Dixon, City Manager Members of the Council: I have been appointed by the Riverside County Board of Supervisors to organize and coordinate the events and activities for the County's Centennial in 1993. I chair a 25 member County-wide Advisory Board, the members of which have been selected by the Board of Supervisors. The actual 100th birthday of the County is May 9, 1993; however, the Advisory Board has tentatively planned a year-long celebration commencing on or about July 1, 1992. I wish an opportunity to briefly appear before your Council to: 1. Review with you some of the major events tentatively planned for the County's Centennial. 2. Seek your suggestions for Centennial activities. 3. Seek coordination of the scheduling of any of your City's annual celebrations with th~ County's Centennial events and/or programs. I look forward to meeting with you in the near future. Centenntally yours, Robert J. Fitch ITEM NO. 1 ITEM NO. 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD APRIL 9, 1991 A regular meeting of the Temecula City Council was called to order at 6:45 PM in the Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California. Mayor Ronald J. Parks presiding. PRESENT 4 COUNCILMEMBERS: Birdsall, Lindemarts, Moore, Parks ABSENT: 1 COUNCILMEMBERS: Mu~oz Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and City Clerk June S. Greek. EXECUTIVE SESSION Mayor Parks declared a recess to an executive session pursuant to Government Code Section 54956 (b) to discuss potential litigation. Councilmember Mu~oz arrived at 6:56 PM and joined the closed session. The meeting was reconvened at 7:31 PM in regular session by Mayor Parks. City Attorney Scott Field announced that the City Council took two actions in the executive session. The first action was to approve two stand still agreements between the City and Bedford Properties regarding Quimby fees and Plan Check fees. Mayor Parks declared a brief recess at 7:32 PM. The meeting was reconvened at 7:35 PM with all Councilmembers present and with City Manager David Dixon and City Attorney Scott Field absent. INVOCA T/ON The invocation was given by Pastor Rick Mossa of Calvary Chapel. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Karel Linderoans. PROCLAMATIONS AND PRESENTATIONS Mayor Parks proclaimed the week of April 29, 1991 through May 3, 1991 to be Public Health Week. Minutes\4\9\91 - 1 - 04/12/91 City Council Minutes April 9, 1990 Howard Chesher, 29710 Valle Olvera, presented the City with an embroidered version of the City Seal, framed for use in City Hall. Mayor Parks expressed thanks on behalf of the City Council to Mr. and Mrs. Chesher and Steve Lee's Country Framing for their generous gift. PUBLIC FORUM Mr. John Turbeville, 40511 Via Amapola, Murrieta, representing the Temecula Valley Republican Group advised the Council that they will be sponsoring forums open to the public on a number of subjects of interest. These meetings will be held at 7:30 PM the third Thursday of each month in the meeting room of the Rancho California Water District. Mr. Mike Theising 30291 Via Brisa, also representing the Temecula Valley Republicans Group read from a letter, copies of which were provided to the City Council regarding Propositions 60 and 90. He also discussed the delays being experienced by citizens who have filed for tax credits under the provisions of Proposition 90. He stated that the County of Riverside has been taking up to one year to respond. Assistant City Manager Mark Ochenduszko said City staff will follow up on this matter with the County and advise the Council of their findings. Lisa Bellino, 4211 I Humber Drive, representing the Coalition Opposed to Tentative Tract 25603, thanked the members of the City Council and the City's Planning Department staff who have met with the members of the coalition regarding Tentative Tract 25603. She extended an invitation to those Council members who have been unable to meet with her group to do so at their convenience. CONSENT CALENDAR Councilmember Mu~oz requested that items No. 23, 24 and 25 be placed on the Consent Calendar. Hearing no objections the Mayor reordered the agenda. Councilmember Moore commented that she very much appreciated the new format being used by staff in preparing the Statement of Revenues, Expenditures and Changes in Fund Balance. Councilmember Lindemans requested that staff look again at the matter of securing in-house paralegal services. He also announced that he would abstain on items No. 23, 24 and 25 on the grounds of a possible conflict of interest. Councilmember Mu~oz requested that item No. 6 be removed from the Consent Calendar. Mayor Parks advised he would abstain from voting on items No. 8, 9 and 11 due to a possible conflict of interest. Minutes\4\9\91 -2- O4/12/91 City Council Minutes April 9, 1990 It was moved by Councilmember Moore, seconded by Councilmember Lindemans to approve Consent Calendar items 1,2, 3, 4, 5, 7, and 10. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks None None Standard Ordinance Adoorion Procedure RECOMMENDATION 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes RECOMMENDATION: 2.1 Approve the minutes of March 26, 1991 as mailed. Resolution ADDroving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 91-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Balance Sheet as of January 31, 1991 and Statement of Revenues, Expenditures and Changes in Fund Balance for the Seven Months Ended January 31, 1991. RECOMMENDATION: Minutes\4\9\91 -3- 04/12/91 City Council Minutes April 9, 1990 4.1 4.2 Receive and file the Balance Sheet and the Statement of Revenues, Expenditures and Changes in Fund Balance for the seven months ended January 31, 1991. Adopt a resolution entitled: RESOLUTION NO. 91-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 1990-91 BUDGET TO ACCOMPLISH BUDGET TRANSFERS AND APPROPRIATIONS AS DETAILED IN A TTA CHMENT A City Treasurer's RePort as of February 28, 1991 RECOMMENDATION: 5.1 Receive and file report. 7 10. o Purchase of Storage Unit for Records Vault RECOMMENDATION: 7.1 Approve the purchase of a high density mobil records storage unit for use in City Clerk's records vault. Western Riverside Council of Governments RECOMMENDATION: 10.1 Approve the revised Joint Powers Agreement ("JPA") for the Western Riverside Council of Governments ("WRCOG") and authorize the Mayor to execute same. Acceptance of Public Imorovements - Tract 23177 Councilmember Mu~oz asked staff if the concerns expressed at the last meeting had been investigated and if staff still recommends releasing the bonds. 2/egenda/081290 4 04/12/91 City Council Minutes April 9, 1990 Deputy City Engineer, Doug Stewart advised the Council that staff has investigated this subdivision and they do not recommend releasing any portion of the improvement bonds for labor and materials, however, staff feels reduction of the bonds for street, sewer and water faithful performance is appropriate at this time. It was moved by Councilmember Linderoans, seconded by Councilmember Moore to approve staff recommendations as follows: RECOMMENDATION: 6.1 Accept the public improvements in Tract No. 23177. 6.2. Authorize the reduction of street, sewer and water bonds and accept the surety bond endorsement reducing the faithful performance bond amounts. 6.3 Approve the subdivision agreement rider and direct the City Clerk to so advise the Clerk of the Board of Supervisors. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Moore, seconded by Councilmember Lindemarts to approve staff recommendations for items No. 8, 9 and 11 as follows: Acceot Public Improvements in Tract No. 20130-F RECOMMENDATION: 8.1 Accept the public improvements in Tract No. 20130-F 8.2 Authorize the reduction of street, sewer and water faithful performance bonds and accept replacement bonds for reduced amounts. 8.3 Approve the subdivision agreement rider and direct the City Clerk to so advise the Clerk of the Board of Supervisors. 2/agendwO61290 I~ 04/12/91 City Council Minutes April 9, 1990 9. AccePt Public Improvements in Tract No. 21340-4 RECOMMENDATION: 9.1 9.2 9.3 Accept the public improvements in Tract No. 21340-4. Authorize the reduction of street, sewer and water faithful performance bonds and accept the replacement bonds for reduced amounts. Approve the subdivision agreement rider and direct the City Clerk to so advise the Clerk of the Board of Supervisors. 11. Accept Public Improvements in Tract No. 21340-5 RECOMMENDATION: 11.1 11.2 11.3 Accept the public improvements in Tract No. 21340-5. Authorize the reduction of street, sewer and water faithful performance bonds and accept the replacement bonds for reduced amounts. Approve the subdivision agreement rider and direct the City Clerk to so advise the Clerk of the Board of Supervisors. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NOES: 0 ABSENT: 0 ABSTAIN: I Birdsall, Linderoans, Moore, Mu~oz, None None Parks It was moved by Councilmember Moore, seconded by Councilmember Lindemans to approve staff recommendations for items No. 23, 24, and 25 as follows: 23. Final Tract MaD 24134-1 RECOMMENDATION: 23.1 Approve Final Tract Map 24134-1 subject to the conditions of approval. 2/~enda/0EI 1280 6 04112/91 City Council Minutes April 9, 1990 24. 25. RECESS Final Tract Mao 24134-2 RECOMMENDATION: 24.1 Approve Final Tract Map 24124-2 subject to the conditions of approval. Final Tract MaD 24134-3 RECOMMENDATION: 25.1 Approve Final Tract Map 24134-3 subject to the conditions of approval. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Lindemans Mayor Parks declared a recess at 8:00 PM to accommodate the scheduled Community Services District meeting. The meeting was reconvened at the conclusion of the Community Services meeting at 8:26 PM. SECOND READING OF ORDINANCES 12. Second Readino of Ordinance Amending Ordinance 90-04 Pertaining to Extensions of Time Aooroval Periods for Plot Plans It was moved by Councilmember Linderoans, seconded by Councilmember Moore to read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO EXTENSIONS OF TIME APPROVAL PERIODS FOR PLOT PLANS 2/agendaJ081290 '7 04/12191 City Council Minutes April 9, 1990 The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Linderoans, Moore, Mu~oz, Parks None None 13. Second Reading of Ordinance Grantina Southern California Edison Company a Franchise for Electricity It was moved by Councilmember Moore, seconded by Mayor Pro Tem Birdsall to read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE AND TO CONSTRUCT AND USE, FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY FOR ANY AND ALL PURPOSES, POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS NECESSARY OR PROPER THEREFOR, IN ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF TEMECULA. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 14. Second Readin(~ of Ordinance Adopting Re(~ulations Regarding Flood Dama(~e Prevention. It was moved by Councilmember Lindemarts, seconded by Councilmember Moore to read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING REGULATIONS REGARDING FLOOD DAMAGE PREVENTION. 2/~er~a/O61290 8 04/12/91 City Council Minutes April 9, 1990 The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks None None Mayor Parks announced that he would reorder the agenda to delay the public hearings until the City Manager and City Attorney rejoined the meeting. 17. Award of Bid - Sam Hicks Monument Park Imorovements Director of Community Services, Shawn Nelson introduced the staff report. Mayor Pro Tern Birdsall asked if the "old style" street lights proposed were compatible with the antique street lights used in the Old Town Temecula area. Mr Nelson advised that they are in fact, from the same group of lights that had been acquired some years ago. He stated that staff had located the County facility where they have been stored and there are approximately 15 available for use in Old Town. Mayor Pro Tern Birdsall asked if staff was scheduling the construction of the park improvements to be completed prior to the May 11, 1991 Homecoming Parade to honor the armed forces. Mr. Nelson responded that staff has taken that event into consideration in the construction scheduling and did not anticipate any negative impacts on the homecoming celebration. Mayor Parks questioned the number of bid packets which were picked up prior to the bid opening. Mr. Nelson advised that three (3) bid packets had been picked up, but only one was returned to the City for the bid opening. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Moore to award the construction contract to R. J. Nobel Company for the Sam Hicks Monument park Curb and Gutter project. The motion was unanimously carried. 18. Discussion of Traffic Si(~nal Installation on Rancho California Road at the Westerly Entrance to the Tar(~et Center Councilmember Lindemans stated his reasons for requesting that this matter be placed on the agenda for discussion. 2/agend~/O61290 9 04/12/91 City Council Minutes April 9, 1990 Deputy City Engineer, Doug Stewart, presented a staff report and advised that the design work for the traffic signal has been started and the construction schedule calls for bids to be received by July 1, 1991, with the signal to be operational by November or December of 1991. Mayor Pro Tern Birdsall requested that staff also address the matter of possible closure of the left turn access to the center at the entrance on the west end of the center adjacent to the Marie Callendar Restaurant. Mr. Stewart, in response to a question from Councilmember Lindemans stated that there are several methods available to staff to "fast track" the installation of this traffic signal. Councilmember Mu~oz stated he believed the westerly entrance on Rancho California Road should not be restricted as to left turns into the center but that left turning movements exiting the center at this location are dangerous and should be controlled. City Engineer Tim Serlet stated that the traffic signal design work can proceed independent of the evaluations of the westerly entrance. He said the developer of this center would like to have the signal in place prior to the City taking any action to limit access at the other entrances. Councilmember Moore suggested that the access question should be referred to the Traffic Commission for their recommendation. It was moved by Mayor Pro Tern Birdsall, seconded by Councilmember Moore to instruct staff to expedite the installation of the traffic signal on Rancho California Road and to refer the matter of the ingress and egress at the westerly Rancho California Road entrance to the center to the Traffic Commission for a recommendation. The motion was unanimously carried. 19. Consideration of Bus Shelters - Temecula Valley Transit It was moved by Councilmember Moore, seconded by Councilmember Mu~oz to continue this matter to the meeting of April 23, 1991. The motion was unanimously carried. 20. and 21. Reconsideration of Western Ridgeline Policies Reconsideration of Change of Zone 5748 and Tentative Tract MaD No. 25980 Planning Director Gary Thornhill advised the Council that the applicant Mr. Markham had requested a two week continuance of this matter. Larry 2/agenda/08121~0 10 04/12/91 City Council Minutes April 9, 1990 It was moved by Mayor Pro Tern Birdsall, seconded by Councilmember Moore to continue items No. 20 and 21 to the meeting of April 23, 1991. The motion was unanimously carried. 22. Imolementation of In-house Street Repair Program Assistant City Manager Mark Ochenduszko introduced the staff report. Councilmember Lindemans advised Council that he has spoken with a local contractor to explore the possibility of the City storing street repair vehicles at their yard. He advised that Mr. Purves of Ramtek Engineering was very interested in cooperating with the City. Councilmember Lindemans also stated he believes the City should sub- contract with local companies for the more comprehensive road repair work. Councilmember Mu~oz asked staff if cost figures are available for vehicles which utilize alternative fuel sources. Mr. Ochenduszko advised that staff with research that option. Mayor Parks stated that he would prefer to see the City use the recommended expenditures to secure a Street Maintenance Supervisor to oversee a complete road maintenance and repair program using the services of local contractors. He also discussed problems which are caused by other jurisdictions and agencies making cuts in the streets and roadways for installation of utilities. He also stated that he wished to have the record reflect that he has a conflict of interest with any recommendation to utilize the services of Ramtek Engineering. He recommended that any utilization of local contractors be authorized through the bid process. It was moved by Councilmember Mu~oz, seconded by Councilmember Moore to instruct staff to (I) move ahead with the immediate repair of pot holes in the City's streets using whatever resources are available; (2) return to the City Council within two weeks with a recommendation for a solution to handle street repairs and (3) to waive all purchasing procedures to allow for emergency City road repairs at the staff's discretion. The motion was unanimously carried. Assistant City Manager Ochenduszko requested any specific direction the Council wished to give staff prior to their proceeding with this matter. Councilmember Mu~oz directed that staff not make any capital equipment purchases during the two weeks prior to submitting their report. Mayor Parks suggested that staff look into securing the services of an interim Maintenance Superintendent. 2/agenda/061290 11 04/12/91 City Council Minutes April 9, 1990 It was agreed by consensus of the Council that staff is authorized to utilize the services of both the County of Riverside and private contractors to effect the necessary road repairs. RECESS Mayor Parks declared a recess at 9:23 PM, the meeting was reconvened at 9:37 PM with all Councilmembers present. PUBLIC HEARINGS City Manager David Dixon and City Attorney Scott Field rejoined the meeting at 9:43 PM 16. Chanqe of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1 Councilmember Lindemans announced that he would abstain from participating in this hearing due to a conflict of interest. Planning Director Gary Thornhill introduced the staff report outlining the amendments requested in the amendment to the specific plan. Councilmember Mu~oz asked if the high density area number two will be accessible from both Margarita Road and Highway 79. Mr. Thornhill confirmed that there are access routes from both roads. Mayor Parks declared the Public Hearing open at 9:45 PM Barry Burnell of the firm of Turrini and Brink representing Bedford Properties the applicant, stated that the applicant concurs with staff recommendations. There being no further speakers the Mayor declared the Public Hearing closed at 9:48 PM. It was moved by Councilmember Mur~oz, seconded by Councilmember Moore to approve staff recommendations as follows: RECOMMENDATION: 16.1 Adopt a negative declaration for Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1. 2/agend~OEI 1290 12 04/12/91 City Council Minutes April 9, 1990 16.2 16,3 Adopt a resolution entitled: RESOLUTION NO. 91-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 5621 AND SPECIFIC PLAN NO. 219, AMENDMENT NO. 1. Introduce an ordinance entitled: ORDINANCE NO. 91-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ZONING ORDINANCE NO. 90-04 PER TAINING TO ORDINANCE NO. 348.2919 (SPECIFIC PLAN NO. 219) AS IT RELATES TO ZONING. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Lindemans 15. Aooeal of Plannine commission Denial - Parcel MaD 25607 Mayor Parks announced that he would abstain from participation in this public hearing due to a potential conflict of interest caused by the proximity of the site to his residence. Mayor Pro Tern Birdsall assumed the chair. Gary Thornhill, Planning Director presented the staff report. Mayor Pro Tern Birdsall opened the public hearing at 9:57 PM Robert Paine, 30322 Corte Contera, the applicant addressed the City Council speaking in favor of approval of this Parcel Map. In response to a question from Mayor Pro Tem Birdsall, Mr. Thornhill stated that the City has approved similar projects in this area and explained that the Planning Commission has expressed concerns that it is not in the Citys' best interest to continue this approval practice. 21agend~/061290 13 04/12/91 City Council Minutes April 9, 1990 It was moved by Councilmember Lindemans, seconded by Councilmember Mu~oz to extend the meeting to the hour of 10:30 PM. The motion carried unanimously with Mayor Parks absent. Michael Benesh, Benesh Engineering, 28991 Front Street, representing the applicant advised that the conditions presented on January 7, 1991 were agreed to by the applicant. He also stated the two adjacent parcels are owned by different owners and therefore this applicant can not file a tentative tract map for property he does not own. There being no further speakers, Mayor Pro Tern Birdsall declared the public hearing closed at 10:11 PM. City Attorney Field stated that for the record the resolution for adoption was incomplete at section D (2) (a). The findings contained on page four (4) of the staff report will be inserted at this point, should the City Council adopt the resolution. Mayor Pro Tern Birdsall questioned if the City Council could require the installation of sewers as a condition of approval. Deputy City Engineer Doug Stewart advised that the project is not within the required distances for connection to regular sewer service, but the project could be conditioned to require "dry sewer" connections. It was moved by Councilmember Lindemans, seconded by Councilmember Moore to approve staff recommendations as follows: 15.1 Adopt a resolution entitled: RESOLUTION NO. 91-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING TENTATIVE PARCEL MAP NO. 25607 TO SUBDIVIDE A 1.4 ACRE PARCEL INTO TWO PARCELS A T THE SOUTHEAST CORNER OF ESTERO STREET AND ORMSBY ROAD. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Lindemans, Moore, Mu~oz NOES: 1 COUNCILMEMBERS: Birdsall ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Parks 2/~genda/061290 14 04/12/91 City Council Minutes April 9, 1990 CITY ATTORNEY'S REPORT City Attorney Scott Field advised the City Council that the City Manager had been contacted at 4:30 PM, this date, by one Chris Papish, an employee of the Administrative Office of the County of Riverside. Mr. Papish notified Mr. Dixon that unless the City of Temecula agreed to a one hundred percent (100%) pass through agreement with the County pursuant to the Health and Safety Code Section 33041, it will dissolve the redevelopment plan. As a result of this action the City could face the loss of over $2,000,000 in tax increment and therefor, the City Attorney recommended that a number of actions be taken. 26. EmerQencv Actions ReQuired ReqardinQ RedeveloPment Matters It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Lindemarts that the City Council adopt a resolution entitled: RESOLUTION NO. 91-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DETERMINING THAT ACTION NEEDS TO BE TAKEN ON CERTAIN MATTERS REGARDING REDEVELOPMENT BECA USE THE NEED TO TAKE,4 C TION AROSE AFTER THE POSTING OF THE AGENDA The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Lindemans, seconded by Councilmember Moore to adopt an urgency ordinance entitled: ORDINANCE NO. 91-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACTIVA TING THE REDEVELOPMENT AGENCY OF TEMECULA AND DECLARING AND DESIGNATING THE CITY COUNCIL OF THE CITY OF TEMECULA AS THE REDEVELOPMENT AGENCY AND DECLARING THE URGENCY THEREOF 2/~lenda/061290 16 04/12/91 City Council Minutes April 9, 1990 The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Linderoans, Moore, Mu~oz, Parks None None It was moved by Councilmember Lindemarts, seconded by Councilmember Muhoz to extend the meeting to the hour of 11:00 PM. The motion was unanimously carried. It was moved by Councilmember Moore, seconded by Mayor Pro Tern Birdsall to read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A REDEVELOPMENT PLAN The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mudoz, Parks None None It was moved by Councilmember Mu~oz, seconded by Councilmember Lindemans to adopt an urgency ordinance entitled: ORDINANCE NO. 91-15 AN ORDINANCE OF THE CITY COUNCIl.. ADOPTING A REDEVELOPMENT PLAN AND DECLARING THEREOF The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 Birdsall, Lindemans, Moore, Mu~oz, Parks 2/agenda/O61290 16 04/12/91 OF THE CITY OF TEMECULA THE URGENCY COUNCILMEMBERS: None COUNCILMEMBERS: None City Council Minutes April 9, 1990 It was moved by Councilmember Moore, seconded by Councilmember Lindemans to adopt a resolution entitled: RESOLUTION NO. 91-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AGREEING TO REIMBURSE THE COUNTY OF RIVERSIDE FOR ALL COSTS OF TRANSFERRING COUNTY OF RIVERSIDE REDEVELOPMENT PLAN 1-1988 TO THE CITY. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Mayor Parks declared a brief pause to change the video tape at 10:35 PM the meeting was reconvened at 10:36 PM. CITY MANAGER'S REPORT City Manager Dixon reported that the City participated in the Inland Empire Expo held last week and it was a very successful business expo. He thanked the Chamber of Commerce and the Economic Development Corporation for their assistance and participation on the City's behalf. CITY COUNCIL REPORTS Mayor Pro Tem Birdsall announced that she and Councilmember Karel Linderoans attended the CMFO (California Municipal Finance Officer's) annual meeting and that this was the first time members of a City Council had attended that meeting. She stated they were well received and that the organization will be encouraging attendance by City Councilmembers in the future. ADJOURNMENT It was moved by Councilmember Linderoans, seconded by Councilmember Moore to adjourn to a meeting to be held on April 16, 1991 at 7:00 PM, in the Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California. The motion was unanimously carried. The next regular meeting is scheduled for April 23, 1991, 7:00 PM at the Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California. 2/a~enda/061290 17 04/12/91 ITEM NO. 3 RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTMN CLMMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the following claims and demands as set forth in Exhibit A have been audited by the City Manager, and that the same are hereby allowed in the amounts of $309,531.15. SECTION 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 23rd day of April, 1991. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAEl 3/Resos 165 -1 0 U C 0 Z~. 'o u · 0 Z> > r- T W .r.4 f..-., 0 0 ,T., 0 © © o .:, o c, ,~ o ,:,o o oc, o ,:, o o o o o o o oo o o.z, o o o · .0 ,~.. O .~ 'T., © ,.T,, C, '-4',,8 © C. 0 © 0 ~. 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W t.") bJ ~ O- 0 C, ~ ,'"- O' r"l O' ~1 e- ,0 ,0 ,0 4 t-':, t-'~ t.'~ i?J C.J ['.,I C, ,:D .C, I'-. · .0 -0 d dS d d .5 d ,~ d S d d d ~ ,~ ,~ ,< ,~ SSdd d d ~ d ; r- 0 u C 0 L U t~ E L 0 8~ ~0 u C ,~ · 0 > > C r~ r~ ~ U ,4 ,~ d ,4 c',,; c', ,-_.', d ,4 d c', ,-; d d ,-; d ,4 ,4 ,.4 J d ,~ d d d ITEM NO. 4 APPROVAL ~~ CITY ATTORNEY ~?~ FINANCE OFFICER CITY MANAGER ~ ~'' TO: FROM: DATE: SUBJECT: CITY OF TEMECUIA AGENDA REPORT City Manager/City Council Mary Jane Henry, Finance Officer April 23, 1991 City Treasurer's Report as of March 31, 1991 RECOMMENDATION: That the City Council receive and file the City Treasurer's report as of March 31, 1991. DISCUSSION: Reports to the City Council regarding the City's investment portfolio and receipts, disbursements and fund balance are required by Government Code Sections 53646 and 41004 respectively. Accordingly, the City's investment policy includes these Government Code Sections as an integral part of City policy for which our portfolio is in compliance with as of March 31, 1991. Per Government Code Requirements, the attached Schedule of Investments is in compliance with the City of Temecula's Investment Policy and there are adequate funds available to meet budgeted and actual expenditures for the next thirty days of the City of Temecula. FISCAL IMPACT: None ATTACHMENT: City Treasurer's Report as of March 31, 1991 City of Temecula City Treasurer's Report As of March 31, 1991 Cash Activity for the Month of March: Cash and Investments as of March 1, 1991 Cash Receipts Cash Disbursements Cash and Investments as of March 31, 1991 $8,596,841 1,893,653 (1,209,919) $9,280,575 Cash and Investments Portfolio as of March 31, 1991: Type of Investment Institution Yield Balance as of 3/31/91 Demand Deposits Treasury Service Shares Petty Cash Certificate of Deposit Local Agency Investment Fund Security Pacific Pacific Horizons N/A Overland Bank State Treasurer Cash and Investments as of March 31, 1991 N/A 6.160% N/A 8.250% 7.775% ($346,070) 800,845 800 100,000 8,725,000 $9,280,575 PREPARED BY DANELLE GRAY. ITEM NO. 5 APPROVAL CITY ATTORNEY FINANCE OFFICER--- CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Captain Rick Sayre Chief of Police April 23, 1991 Riverside County Law Enforcement Museum RECOMMENDA T/ON: Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECOGNIZING THE RIVERSIDE COUNTY LA W ENFORCEMENT MUSEUM AS AN AUTHORIZED REPOSITY FOR RIVERSIDE COUNTY HISTORICAL MATERIALS RELA TED TO LAW ENFORCEMENT AND PUBLIC SAFETY BACKGROUND: The Riverside County Sheriff, Cois Byrd has requested that all the communities in Riverside County pass a resolution which designates the planned Law Enforcement Museum as an official repository to serve the citizens of the County. Attachments: Letter from Sheriff Byrd Copy of Submittal and Minutes of Board of Supervisors dated December 18, 1990. JSG RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, RECOGNIZING THE RIVERSIDE COUNTY LAW ENFORCEMENT MUSEUM AS AN AUTHORIZED REPOSITORY FOR RIVERSIDE COUNTY HISTORICAL MATERIALS RELATED TO LAW ENFORCEMENT AND PUBLIC SAFETY WHEREAS, law enforcement in Riverside County will celebrate one hundred years of public service in 1993 and the Riverside County Law Enforcement Museum has been formed and is dedicated to the preservation of municipal and county law enforcement and public safety memorabilia, historical documents and archives; and WHEREAS, law enforcement and public safety in Riverside County includes municipal police, fire, sheriff, coroner, district attorney, public defender, judiciary and allied public safety disciplines; and WHEREAS, the museum is dedicated to public and youth education, the education and training of present and future police officers and enforcement practitioners serving the citizens of the County of Riverside and the preservation and safeguarding of law enforcement and public safety records, artifacts and the contributions of individuals to the public welfare; NOW THEREFORE, The City Council of the City of Temecula does resolve, declare, determine and order as follows: Section 1. That the Riverside County Law Enforcement Museum is recognized as an authorized repository for Riverside County historical materials related to law enforcement and public safety. Section 2. The City Council authorizes its appointed department heads to, pursuant to applicable laws or regulations, transfer or loan to the museum such artifacts, memorabilia, goods and records as will serve the citizens of the County of Riverside. Section 3. That the City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVEI~ AND ADOPTED this 23rd day of April, 1991 ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAL] 2/Resoa/161 I LAW 1500 Castellano Road * Riverside, California 92509-1799 * (714) 275-2500 January 25, 1991 Mr. Dave Dixon, City Manager City of Temecula Post Office Box 3000 Temecula, California 92390 June Greek - For future action Dear Sir: Your city is a vital part of the law enforcement and public safety community of Riverside County. The Law Enforcement Museum has been formed as a non-profit public benefit corporation. We intend to establish one of the finest law enforcement, public museums in the United States. On December 18, 1989, the Riverside County Board of Supervisors passed Resolution No. 90-613 (attached) which designated the Museum as an official repository for such artifacts, goods, and records as the various department heads deemed would served the citizens of the County. I am requesting that the City of Temecula consider and adopt a similar resolution so that your police and public safety departments may contribute to, receive displays from, and participate in the Law Enforcement Museum. The Riverside County Law Enforcement Administrators' Association (RCLEAA) has reviewed and endorsed the Museum's concepts, formation, and mission. I believe your designation of the Museum as an official repository will serve your city well in the years to come. If you have any questions on any aspect of this project please contact me, Lieutenant Randall Yankee, or the Museum's curator, Gilbert Mundy at (714) 275-2500. Sincerely, CO~S B~RD, She~ff President, Board of Directors Law Enforcement Museum enclosure A Non-Profit Corporation Dedicated to Public Service & Education $l:~.,:'.. (: R,L r ~<b,[)E, OF ' CO©NT~ OF ' ' .... SLATE .SUB ...... DATE: COZS BYRD, SH~rF: Oc ~ , ...... o .... 12 Riverside Ccuatv Law Enfo~-= .... ~.'u~-:,, RECO~(H£NDED MOTION: Th=t the Board: Approve Resolution 90-613, relating to recognition of the Riverside County Law Enforcement Museum. JUSTI'WICATION In 1993, law enforcement in Riverside County will celebrate 100 years of service. To mark this achievement, the Riverside County Law Enforcement Museum has been formed, and is dedicated to the preservation of memorabilia, historical documents, and archives of police and fire departme ..... ;, Sheriff, Coroner, District A+_cocney, Public Der ~.-, Judiciary and Courts, as well as allied public s~...fe ty disciplines such as Fire Dep.i~'tments. BR 90-092 COlS' ~SYRD', SHERZ.~~ C.A.O. RECO~>IENDATION: A~rove FhNANCIAL IMPACT: No Genera~ Fund Impac._. Administrative Officer Siclnd~.u:e ,./.Z// / MINUTES OF THE ~©AP?,~ OF SUPERVISORS On motion of Supervisor Abraham, seconded by Supervisor Dunlap and duly carried by unanimous vote, IT WAS ORDERED that the above matter is approved as reco~.ended. Prey Asr: ~ef. Dep;~. Comments Dist. All Ayes: Abraham, Dunlap, Larsoa and Younglove Noes: None Gerald A. Abse.q~: Ceniceros CzeI~ of ,,the D.D::~'~- ' - - x.2.z<////. Date: December 18, 1990 ~"-.' .'f '~ /'~ '._L'--~ xc: She'-" if, A.O. /~/,' VDeput~'/.- ITEM NO. 6 APPROVAL ~-~ CITY ATTORNE~ FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Captain Rick Sayre Chief of Police April 23, 1991 Resolution in Support of Senate Bill 169 RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMCULA SUPPORTING SENATE BILL 169 WHICH REPEALS THE PROVISIONS OF SB2557 AND ENSURES THE PROTECTION OF CITIES FROM THE STATE BUDGET PROCESS BA CKGRO UND: On February 26, 1991, Council adopted Resolution No. 91-26 addressing the impacts of Senate Bill 2557 and supporting the repeal of $B2557. The Riverside County Board of Supervisors has stated they will 'support legislation which repeals SB2557, if any revenue source can be identified to replace the revenue loss which counties could experience if this authority is repealed. Senator Dan Boatwright has introduced SB169 which will repeal the portions of SB2557 that adversely affect cities and which enacts a permanent one-year extension to the VLF depreciation schedule to replace the lost county funding. The VLF extension will more than replace lost funds from $B2557, it will give the counties a long term, stable funding source that will continue to grow and will alleviate the fighting between schools, cities and counties. The City Council of the City of Indio recently took similar action and Police Chiefs throughout the county are encouraging passage of resolutions supporting this bill. Attachment: Resolution JSG RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, SUPPORTING SENATE BILL 169 WHICH REPEALS THE PROVISIONS OF SB2557 AND ENSURES TI~ PROTECTION OF CITIES FROM THE STATE BUDGET PROCESS WHEREAS, after the longest budget stalemate in California history, the Governor and California Legislature finally enacted a 1990/91 budget package that shifts state and county costs to cities, and diverts city revenues to finance state/county responsibilities; and WHEREAS, counties are an administrative arm of the state with responsibilities for carrying out state programs, while cities are in a different business of providing local municipal services which are determined locally; and have no responsibility or authority for administering state or county programs; and WHEREAS, the Governor and California Legislature have shifted state and county financial responsibilities to cities; and WHEREAS, the adoption of SB2557 provisions by the Riverside County Board of Supervisors and enacted retroactively to July 1, 1990, will result in excessive City costs for payments to Riverside County for booking prisoners into jail, and property tax collection. WHEREAS, many members of the state legislature have agreed that this new authority is bad public policy from a number or perspectives and have indicated an interest in repealing this county authority, if any revenue source can be identified to replace the revenue loss which counties could experience if this authority is repealed; and WHEREAS, the League of California Cities has developed such a proposal which addresses the concerns of the Legislature and SB169 has been introduced in Legislature; and WHEREAS, SB169 would; repeal all provisions of SB2557, except those provisions which give counties the authority to enact business license taxes and utility user taxes in the unincorporated area; and WHEREAS, SB169 would also provide new revenues to replace the county loss of revenue by increasing the vehicle license fee revenues and dedicate those new revenues to county programs; and 5/~eso169 -1- WHEREAS, SB169 was supported unanimously by the Board of Directors of the League of California Cities. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA HEREBY RF~OLVES: and hereby approves and endorse SB169 (repealing provisions of SB2775) sponsored by the League of California Cities and carried by Senator Boatwright and direct that this Resolution be transmitted to our County Board of Supervisors, and elected representatives to State political offices. SECTION 1. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED, this~ day of , 1991. Ronald J. Parks, Mayor ATTEST: June S. Greek, City Clerk [SEALI 5/reao169 -2- ITEM NO. 7 APPROVAL CITY ATTORNEY FINANCE OFFICER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department ?.. ;~ . April 16, 1991 Release of Surety Bonds in Tract No. 9833-3 PREPARED BY: Albert Crisp RECOMMENDATION: That the City Council AUTHORIZE the release of street and water Faithful Performance Warranty Bonds, the Monumentation Bond, and the Materials and Labor Bonds and DIRECT the City Clerk to so advise the Clerk of the Board of Supervisors. DISCUSSION: On January 31, 1989, the Riverside County Board of Supervisors entered into subdivision agreements with: Santiago Village, Ltd. 29377 Rancho California Road, Suite 202 Temecula, California 92390 for the improvement of streets, and the installation of a water distribution system and the setting of lot stakes and subdivision monuments. Accompanying the subdivision agreements were surety bonds issued by: Insurance Company of the West as follows: Bond No. 1132081 in the amount of $355,000.00 to cover street improvements. Bond No. 1132081 in the amount of $50,000.00 to cover water improvements. Bond No. 1132083 in the amount of $10,000.00 to cover monumentation. A:TM9833-3 ' 1 Bond No. 1132081 in the amount of $272,250.00 to cover materials and labor. On April 20, 1990, the County of Riverside accepted these street and sewer improvements and retained the following secured amounts for a one-year maintenance period. Streets: $ 35,500.00 Water: 5,000.00 The one-year maintenance period having passed with no maintenance required, Staff recommends that the subject warranty-maintenance bonds be released. The setting of lot stakes and setting of subdivision monuments have been satisfactorily completed and Staff recommends the release of that bond. The developer is also required to post material and labor bonds to ensure payment to suppliers and workers. These bonds are maintained in effect for a period of time determined by statute after the governmental agency has accepted the public improvements. The Riverside County Transportation Department indicates that no liens have been filed against this project and a period in excess of the statutory lien period having run, Staff recommends that these materials and labor bonds also be released, The affected streets are Calle De Velardo, and a portion of Jedediah Smith Road and Pescado Drive. AC:ks Attachment: Vicinity Map A:TM9833-3 2 ITEM NO. 8 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Mana9er Engineering Department April 15, 1991 Release Faithful Performance Warranty Bonds and Material and Labor Bonds in Tract 9833-F. PREPARED BY: Albert Crisp R ECOMMENDAT ION: That the City Council AUTHORIZE the release of street and water Faithful Performance Warranty Bonds, and Material and Labor Bonds in Tract No. 9833-F and DIRECT the City Clerk to so advise the clerk of the Board of Supervisors. DISCUSSION: On January 31, 1989, the Riverside County Board of Supervisors entered into subdivision agreements with: Santiago Village, Ltd. 29377 Rancho California Road Temecula. California 92390 for the improvement of streets, and the installation of water systems. Accompanying the subdivision agreements were surety bonds issued by: Insurance Company of the West as follows: Bond No. 1127440 in the amount of $218,000.00 to cover street improvements Bond No. 1127440 in the amount of $30,000.00 to cover water improvements. A:PM9833-F On April 20, 1990, The County of Riverside accepted these improvements and retained the following secured amounts for a one-year maintenance period: Streets: $21,800.00 Water: 3,000.00 The one year maintenance period having passed with no maintenance required, staff recommends that the subject warranty-maintenance bonds be released. The developer is also required to post material and Labor Bonds to ensure payment to suppliers and workers. These bonds are maintained in effect for a period of time determined by statute after the Governmental Agency has accepted the public improvements. The Riverside County Transportation Department indicates that no liens have been filed against this project and a period in excess of the statutory lien period having run, Staff recommends that these Materials and Labor Bonds also be released. The affected streets are El Faro Place, Lucero Place and a portion of Jedediah Smith Road. AC/Ib Attachment: Vicinity map A:PM9833-F 2 ITEM NO. 9 iRTHRIGHT of Temecula 28677 Front Street P.O. Box 2129 Temecula, CA 92390 714 699 9808 "it/$ the right of every pregnant woman to give bind ",. April 17, 1991 City of Temecula Temecula, Ca. Dear Council Members: We are writing to request a waiver for an events permit to cover our annual Birthright rummage sale. The event will be held on May 18, 199t~at the Old Adobe Plaza parking lot. Birthright of Temecula is a non-profit organization providing a caring network worldwide for crisis pregnancies. Since opening three years ago over 1,000 pregnant women, whether they were married, single, teenager or just unable to cope, have used our free services. Part of our service is a free pregnancy test and when the results are in a trained volunteer to help these women determine their needs in a safe, friendly, confidential and non- judgmental atmosphere. The women then make their own decisions. In ongoing situations, shelter, clothes and referrals are offered. All of the foregoing is done on a no-charge basis creating a need for Birthright of Temecula to do fund raisers to cover the involved expenses. For the past three years our major source of income has been from our rummage sales held at the Great American Bank on Ynez Road. They were acquired recently and have gone to a six day week causing us to find a new location. Our new location is the Old Adobe Plaza on Jefferson. Our history indicates we do not have or cause traffic problems and do not create any sort of fire hazard. Our hours are from 8:00 A.M. to 3:30 P.M. Your early approval of our waiver will be appreciated. more information, please call me. If you need Sincerely, Nan~cy~en j ami n~ 676-2232 ,,,'~nd the r/~ht o£e very ch//d to be born." APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council City Manager April 23, 1991 Waiver of Permit Fees - Birthright PREPARED B~ June Greek, City Clerk RECOMMENDATION: Approve the waiver of permit fees to cover the annual rummage sale held by Birthright as their major fund raiser. BACKGROUND: Birthright of Temecula is a non-profit organization which provides assistance to women of the community fee of charge. They hold an annual rummage sale which serves to provide their major source of income. This year they plan to hold the event on May 18, 1991 in the parking lot of Old Adobe Plaza, and they have requested a waiver of the normal permit fees. FISCAL IMPACT: The usual fee to process this type of permit is $171.00. ATTACHMENTS: Letter of Request, dated April 17, 1991 ITEM NO. 10 ORDINANCE NO. 91-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ZONING ORDINANCE NO. 90-04 PERTAINING TO ORDINANCE NO. 348.2919 (SPECIFIC PLAN NO. 219) AS IT RELATES TO ZONING THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. City Ordinance No. 90-04 adopted by reference certain portions of the Non-Codified Riverside County Ordinances, including Ordinance No. 348, Article X, Section 10.4.b of Ordinance No. 348. SECTION 2. Article XVIIa of Ordinance No. 348 is amended by adding thereto a new Section 17.36 to read as follows: Section 17.36. SP ZONE REQUIREMENTS AND STANDARDS FOR SPECIFIC PLAN NO. 219. SEE EXHIBIT "C" SECTION 3. 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 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 5. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Council Members voting thereon, it shall be published in a newspaper published and circulated in said City. 3lOrds 91-13 -1- PASSED, APPROVED AND ADOPTED this 9th day of April, 1991. ATTEST: Ronald J. Parks, Mayor June S. Greek [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 91-13 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 9th day of April, 1991, and that thereafter, sand Ordinance was duly aodpted and passed at a regular meeting of the City Council on the 23rd day of April, 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk 3/Ord$ 91 - 13 -2- ITEM NO. 11 APPROVAL CITY ATTORNEY FINANCE OFFICER~--- CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: DATE: SUBJECT: Rick Sayre Police Chief, Temecula Police Department April 23, 1991 Vehicle and Traffic Ordinance RECOMMENDATION: BACKGROUND: That the City Council read by title only and introduce an ordinance entitled: (Vehicle and Traffic Ordinance). This ordinance has been reviewed and accepted by the City Attorney, Police Department, and the Engineering Department. At its February 27, 1991 meeting, this ordinance was approved by the Traffic and Transportation Commission with the recommendation it be forwarded to the City Council for adoption. (See attached Minutes.) At its April 1, 1991 meeting, this Ordinance was approved by the Planning Commission with the recommendation it be forwarded to the City Council for adoption. (See attached Minutes.) Essentially the ordinance repeals portions of the Riverside County Ordinances (relating to parking and vehicles) and adds Chapter 12.08 to the Temecula Municipal Code establishing regulations relating to vehicles and traffic. This ordinance is necessary to delegate the authority on various traffic matters (such as the authority to install and maintain official traffic control devices) to either the City Council or the City Traffic Engineer/City Manager. In addition, the ordinance is vital for the Police Department to be able to effectively enforce the traffic/parking regulations in the ordinance. While this is not an all encompassing ordinance package, it is intended to be a starting point for a complete and comprehensive ordinance. There will no doubt be other issues that arise that may result in the need for a new ordinance. If and when this situation occurs, additional ordinances may be added to the current ordinance package. ATTACHMENT: Minutes ~INUTES OF & REGULAR ~EETIN~ OF THE C~TY OF TF~ECULA TRAFFIC AND TRANSPORT&T~ON COMI(ISS~ON FEBRU~%RY 27, 1991 A regular meeting of the Traffic and Transportation Commission of the City of Temecula was held on Wednesday, February 27, 1991 at 7:00 P.M., at the Temecula Unified School District, 31350 Rancho Vista Road, Temecula. The meeting was called to order by Chairman Knox Johnson. Commissioner Sander led the flag salute. PRESENT: 5 COMMISSIONERS: Godnick, Guerriero, Roberts, Sander, Johnson ABSENT: 0 COMMISSIONERS: None Also present were Staff Representatives Mark Greenwood and Doug MacPherson, Sergeant Jim Domenoe, and Gail Zigler, Minute Clerk. PUBLIC None COMMISSION SS 1. MINUTES OF 1.1 Approve CHAIRMAN AYES should COMMISSIONER ROB of December 19, 1 COMMISSIONER AYES: 5 NOES: 0 19, 1991 of December 19, amended page 3 u: tlUll . moved to ~1 as amen( [. : 4.1, total )rove the minutes seconded by Godnick, Guerriero, Roberts, Sander, Johnson COMMIS ~ERS: None MINUTES OF JANUARY 23, 2.1 Approve the COMMISSIONER deleting the of amended "he". 23, 1991. e of 5, line 7, by TTMIN2/27/91 -1- March 4, 1991 TRAFFIC TRANSPORTATION COMMISSION MINUTES 27, 1991 5 COMMISSIONERS: Godnick Robert~ Johns( Sander, 0 COMMISSIONERS: Nol School at the er right and traffic. ~UERRIERO moved to pate with the ict the placement traffic control officer ce/exit of the di parking area to initiate turns only, n allowing straight-through COMMISSIONER controlling that would be better on the difficulty of movement and suggested it that parking area. COMMISSIONER ~U to have staff cont: the School Distr: traffic c¢ withdrew his first motion and moved o investigate this situation with lternative measures to improve by COMMISSIONER ROBERTS. AYES: 5 Godnick, Guerriero, , Sander, NOES: 0 COMMISSIONERS: No: 6. VEHICLE AND TRAFFIC ORDINANCE 6.1 Received Revised Draft Ordinance CHAIRMAN JOHNSON opened the discussion for public comment at 8:35 P.M. ~EOR~IAN BEBE, 31025 Lorreta Avenue, Winchester, spoke in opposition to proposed traffic ordinance 12.08.226 relating to commercial vehicles. She requested the Commission look at issuing parking permits for one-half acre or one-acre or more parcels. Ms. Bebe stated that many residents purchased these lots so that they could park their trucks on their property. TTMIN2/27/91 -5- March 4, 1991 TR2tFF~C AND TRANSPORTATION COMMISSION N~NUTES FEBRUARY 27, ~99~ COMMISSIONER GUERRIERO moved to forward the proposed Vehicle and Traffic Ordinance to the City Council, seconded by COMMISSIONER ROBERTS. AYES: 5 COMMISSIONERS: Godnick, Guerriero, Roberts, Sander, Johnson NOES: 0 COMMISSIONERS: None 7 · CALLE 7.1 and file Sub-Committee Report. JOHNSON opened the discussion at 8:45 '.M. public comment GARY , 40811 Calle Medusa, TE with the traffic He advised Commission that a visited to discuss their p] addressed need for Stop Limits, etc. , addressed the ons on Calle Medusa. :ate assemblyman had Mr. Taylor posting of Speed EVONNE TAYLOR, .0811 Calle with the ~ , Temecula, concurred Mr. Taylor. JOE ASHCRAFT, 403 Commission with a Calle Medusa Calle Medusa. Calle , Temecula, presented the )etition from the residents of rumored commercial bus route on BRIAN SAMPSON, 40655 traffic volumes on volume will ' proposed by the C~ the problems and .s not Sampson stated he were an importa solution to investi¢ m solution. [e Medusa, Temecula, addressed the Medusa and a concern that the Sampson added that any solution be a solution that remedies t a temporary solution. Mr. Stop Signs and Speed bumps now, while staff continued LINDA , 40397 Calle Calle Medus shown as an however, all other residenti street. Ms. Brun¢ City ass~ them in having Calle maps to residential street. , Temecula, addressed route on all the maps; Calle Medusa is a requested that the dusa changed on the CHAIRMAN meeting beyond requested that a motion be 9:00 P.M. adjournment. to continue the TTMIN2/27/91 -6- March 4, 1991 MINUTES OF A REGULAR MEETING OF THE CITY OF TF~ECULA PLANNING COMMISSION APRIL L, L991 A regular meeting of the City of Temecula Planning Commission was called to order Monday, April 1, 1991, 6:00 P.M. at Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. The meeting was called to order by Chairman Dennis Chiniaeff. PRESENT: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff ABSENT: 0 COMMISSIONERS: None Also present were Assistant City Attorney John Cavanaugh, Acting Planning Director Gary Thornhill, Deputy City Engineer Doug Stewart, and Minute Clerk Gail Zigler. PUBLIC ~OMMENT PIA of the bui processing for all of minute 27919 Front Street, Temecula, represE the owners ling referenced in Item No. 7, which withdrawn from the applicant. She thanked the and staff support and efforts and a ized for the last wal of the item from the a¢ . CHRIS ~%RTi Neighborhood Commissioners informally the developers. 30255 Corte Cantania Temecula, representing Llition 25603, extend~ an invitation to the Planning staff to a on April 6, to Tentative Tract 25603 with the citizens and CHAIRMAN CHINIAEFF Attorney. a c~ from the Assistant City JOHN CAVANAUGH adv that no more than two Chiniaeff and the Commissioners them could attend. DENNIS SENNETT, 32381 Item No. 7, C.U.P. 6, Las Crucas, Temecula, clarified that withdrawn from consideration. COMMISSION BUSINESS GARY THORNHILL in the Agenda: Item 6 co of the to the regul , 1991. of the following changes Planning Commission meeting PLANNING COI~88~ON ~NUTE8 APRIL L, L99L JIM DOMENOE, City of Temecula Police Sergeant, provided the staff report. COMMISSIONER HOAGLANDmoved that the Planning Commission recommend to the City Council that the revised ordinance be adopted, seconded by COMMISSIONER FAHEY. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None CHANGE ZONE NO. 5 2.1 to R-3 Pala for change of zone for 221.1 acl R-4, and R-5. Located on Highw~ and Margarita Road. from R-R 79 between RICHARD and 4 at provided the staff repl s time. on Items 2, 3, DOUG STEWART No. 3, VTTM improvements CHAIRMAN Condition N~ 67, to read "or be be posted." opened the 37, page 22, of Item for the street hearing at 6:25 P.M. HAY CASEY, 12120 Presley of San by staff and we] Milano San Diego, representing with the recommendations by the Commission. ALEXANDER URQUHART, 565 Carlsbad, offered to a Commission. E1 Camino Real, Suite 200, Dr any questions by the COMMISSIONER FAHEY to 6:30 P.M. and Ado No. 281 for Chang~ Zone No. 91-(next) recomm seconded by lose the public hearing at of the addendum to EIR and Adopt Resolution No. 1 ,f Change of Zone No. 5, AYES: 4 COMMISSIONERS: Fahey, Hoagland, NOES: COMMISSIONERS: Ford PCMIN4/01/gl -3- April 4, 1991 Notice of Public Hearing THE CITY OF TEMECULA 43172 Business Park Drive Temecula, California 92390 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. Applicant: Location: Proposal: Environmental Action: City of Temecula Citywide Adoption of Vehicle and Traffic Ordinance N/A Any person may submit written comments to the City Council before the hearing(s) or may appear and be heard in support of or opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing(s). The proposed project application(s) may be viewed at the public information counter, Temecula City Hall, 43180 Business Park Drive, Monday through Friday from 9:00 AM until 4:00 PM. Questions concerning the project(s) may be addressed to Sgt, Jim Domenoe, City of Temecula Police Department (714) 694-4367 PLACE OF HEARING Temporary Temecula Community Center 27475 Commerce Center Drive Temecula. California 92390 DATE OF HEARING TIME OF HEARING: Tuesday. April 23. 1991 7:00 PM ORDINANCE NO. 91-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING PORTIONS OF THE NON-CODIFIED RIVERSIDE COUNTY ORDINANCES AND ADDING CHAPTER 12.08 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING REGULATIONS RELATING TO VEHICLES AND TRAFFIC. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. City Ordinance No. 90-04 adopted by reference portions of the non- codified Riverside County Ordinances. On the effective date of this Ordinance, the following provisions of the non-codified Riverside County Ordinances, which City Ordinance No. 90- 04 adopted, are hereby repealed: (a) Ordinance No. 413 relating to parking; (b) Ordinance No. 585 relating to vehicles. Section 2. "Chapter 12.08 is hereby added to the Temecula Municipal Code, which shall read as follows: "CHAFFER: 12.08 VEHICLES AND TRAFFIC Divisions: 1 2 3 4 5 6 7 8 9 10 11 Definitions Enforcement--Obedience Official Traffic Control Devices Stopping, Standing and Parking Stop Intersections Yield Right-of-Way Signs One-Way Streets and Alleys Restricted Use of Certain Streets Driving Rules Pedestrians Violation of Chapter - Penalty 2/ord,~/22 1 DIVISION 1 - DEFINITIONS Sections: 12.08.001 12.08.002 12.08.003 12.08.004 12.08.005 12.08.006 12.08.007 12.08.008 12.08.009 12.08.010 12.08.011 12.08.012 12.08.013 12.08.014 12.08.015 12.08.016 12.08.017 Vehicle Code definitions Definitions generally Alley City Council Curb Loading Zone Official Traffic Control Device Official Traffic Control Signal Park Parkway Passenger Loading zone Pedestrian Police officer Safety Zone Stop Stop or stand Vehicle Code 12.08.001 Vehicle Code definitions. Whenever any words or phrases used in this title are not defined in this chapter but are now or hereafter defined in the Vehicle Code of the state, the definitions are incorporated in this chapter and shall be deemed to apply to such words and phrases used in this title as though set forth in this chapter in full. 12.08.002 Definitions generally. The following words and phrases when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this chapter. 12.08.003 Alley. "Alley" means any street less than twenty-five (25) feet in width which is primarily used for access to the rear or side entrances of abutting property. 12.08.004 City Council. "City Council means the council of the City of Temecula. 12.08.005 Curb. "Curb" means the lateral boundary of the roadway whether such curb be marked by curbing construction, or not so marked; the word "curb" as herein used shall not include the line dividing the roadway of a street from parking strips in the center of a street, nor from tracks or rights of way of public utility companies. 12.08.006 Loading zone. "Loading zone" means that space adjacent to a 2/orda/22 2 curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. 12.08.007 Official Traffic Control Device. "Official Traffic Control Device" means any sign, signal, marking or device, consistent with Section 21400 of the Vehicle Code, placed or erected by authority of the City of Temecula or designated official, for the purpose of regulating, warning, or guiding traffic, but does not include islands, curbs, traffic barriers, or other roadway design features. 12.8.008 Official Traffic Control Signal. "Official Traffic control Signal" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and proceed and which is erected by the City or designated official. 12.08.009 Park. "Park" means to stand or leave standing any vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of passengers or materials. 12.08~010 roadway or sidewalk. Parkway. "Parkway" means that portion of a street other than a 12.08.011 Passenger loading, zone. "Passenger loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. 12.08.012 Pedestrian. "Pedestrian" means any person afoot. 12.08.013 Police officer. "Police officer" means every officer of the police department of this city, or any officer authorized to direct traffic or make arrests for violation of traffic regulations. 12.08.014 Safety Zone. "Safety zone" means the area or space lawfully set apart within a roadway for the exclusive use of pedestrians and which is protected, or which is marked or indicated by vertical signs, raised markers or raised buttons, in order to make such area or space plainly visible at all times while the same is set apart as a safety zone. 12.08.015 Stop. "Stop" means a complete cessation of movement. 12.08.016 Stop or stand. "Stop or stand," when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic-control device. 12.08.017 Vehicle Code. "Vehicle Code means the vehicle code of the 2/orda/22 3 state. SECTION 12.08.017 - 12.08.050 RESERVED. DIVISION 2 - ENFORCEMENT--OBEDIENCE Sections: 12.08.051 12.08.052 12.08.053 12.08.054 12.08.055 12.08.056 12.08.057 12.08.058 12.08.059 12.08.060 12.08.061 12.08.062 12.08.063 12.08.064 Police officers--Authority Authority to issue parking citations Police officers--Traffic direction Authority of fire department officers or survey crew Obedience to police and fire department Officials Removal of Unauthorized Signs Removal of Obstructions Within Parkways Loitering--Obstructing traffic Persons riding bicycles or anirfials Public employees to obey traffic regulations Exemptions to certain vehicles Accident report--Required Accident report - Contents Accident report - Time Limit 12.08.051 Police officers--Authority. It shall be the authority of the officers of the police department, and such officers as are assigned by the chief of police, to enforce all traffic laws of this city and all of the state vehicle laws applicable to traffic in this city. 12.08.052 Authority to issue parking citations. Parking citations or notices of violations, related to charging violations of local or Vehicle Code regulations governing the parking or standing of vehicles, may be issued by any peace officer, by any other employee or agent of the police department or of the city who is duly authorized by the chief of police to do so, by any other person specifically so authorized by some other provision of law, and by any other person specially authorized by the chief of police in writing to do so. Whenever the chief of police delegates such authority to persons other than peace officers, he shall endeavor to see that each such person is adequately instructed regarding the provisions of the parking regulations to be enforced, and the evidentiary prerequisites to proper prosecution for violations thereof. He shall further provide such persons with the same form 2/ords/22 4 of citations or notices of violations as are utilized for the purpose by officers of the police department. Any such persons shall be appropriately instructed to deposit executed citations or notices with the police department for filing with the court, after review for legal sufficiency. 12.08.053 Police Officers-Traffic direction. Officers of the police department or such officers as are assigned by the chief of police are authorized to direct all traffic by voice, hand or other signal in conformance with traffic laws, provided that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require, notwithstanding the provisions of the traffic laws. 12.08,054 Authority of fire department officers or survey crew. Officers of the fire department, when at the scene of a fire or, when in the course of their duties are protecting personnel, or equipment of the fire department, may direct or assist the police in directing traffic. Members of the city's survey crew, when in the course of their duties are surveying the city's streets and rights-of-way, may direct or assist the police in directing traffic. 12.08.055 Obedience to police and fire departments officials. No person shall wilfully fall or refuse to comply with any lawful order of a police officer or fire department official when directing traffic. 12.08.056 Removal of unauthorized signs, barricades, markings and lights. The City Traffic Engineer or chief of police may without notice remove or cause to be removed every unauthorized sign, barricade, marking, signal or device placed, maintained or displayed upon any city street or road right-of-way contrary to the provisions of section 21467 of the Vehicle Code. 12.08.057 Removal of obstructions within parkways. Whenever the City Traffic Engineer determines that any fence, hedge, shrubbery, tree or other objects within the parkway obstructs the view of any traffic upon the roadways, or is an undue obstruction to pedestrians attempting to walk within the parkway at locations where no sidewalks exists, he/she shall cause the obstruction to be removed or altered in such a manner as to permanently eliminate the problem. 12.08.058 Loitering--Obstructing traffic. It is unlawful for any person to stand upon any street, sidewalk or other public way open for pedestrian travel, or otherwise occupy any portion thereof in such a manner as to annoy or molest any pedestrian thereon, or so as to obstruct or unreasonably interfere with the free passage of pedestrians, motor vehicles or other modes of travel. No person shall sit, lie or sleep upon any street, sidewalk or other public way. The provisions of this section shall not apply to persons sitting on the curb portion of any sidewalk or street while attending or viewing any parade permitted under the provisions of this code; nor shall the provisions of this section apply to persons sitting 2/ord~/22 5 upon benches or other seating facilities provided for such purposes by municipal authority. 12.08.059 Persons riding bicycles or animals. Every person riding a bicycle or riding or driving an animal upon a highway shall be granted all of the rights, and shall be subject to all of the duties applicable to, the driver of a vehicle by this title except those provisions which by their very nature can have no application. 12.08.060 Public employees to obey traffic re~,ulations. The provisions of this title shall apply to the driver of any vehicle owned by or used in the service of the United States Government, this state, or any county or city, and it unlawful for any said driver to violate any of the provisions of this title except as otherwise permitted in this chapter or by the Vehicle Code. 12.08.061 Exemptions to certain vehicles. (a) The provisions of this title regulating the operation, parking and standing of vehicles shall not apply to any vehicle of the police or fire departments, or other city vehicles, properly equipped to qualify as emergency vehicles, any public utility vehicle or any private ambulance, which public utility vehicle or private ambulance has qualified as an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner specified in the Vehicle Code in response to any emergency call. (b) The foregoing exemptions shall not, however, protect the driver of any such vehicle from the consequences of his wilful disregard of the safety of others. (c) The provisions of this title regulating the parking or standing of vehicles shall not apply to any vehicle of a city department or public utility vehicle necessarily in use for construction or repair work, or any vehicle owned by the United States while in use for the collection, transportation or delivery of United States mail. 12.08.062 Accident report--Required. The driver of a vehicle or the person in charge of any animal involved in any accident resulting in damage to any property publicly owned or owned by a public utility, including but not limited to any fire hydrant, ornamental lighting post, telephone pole, electric light or power pole, or resulting in damage to any ornamental shade tree, traffic-control device or other property of a like nature located in or along any street, shall within twenty-four (24) hours after such accident prepare a written report of the events of such accidents to the city police department. 12.08.063 Accident report--Contents. Every such report shall state the time and the place the accident took place, the name and address of the person owning and of 2/ords/22 6 the person driving or in charge of such vehicle or animal, the license number of every such vehicle, and shall briefly describe the property damaged in such accident. 12.08.064 Accident report--Time limit. A driver involved in an accident shall not be subject to the requirements of Section 12.08.062, if and during the time such driver is physically incapable of maldng a report but in such event the driver shall make a report as required in Section 12.08.062 within twenty-four (24) hours after regaining ability to make such a report. SECTION 12.08-065 - 12.08.100 RESERVED 2/orda/22 7 Sections: DIVISION 3 - OFFICIAL TRAFFIC-CONTROL DEVICES 12.08. 12.08. 101 102 12.08.103 12.08.104 12.08.105 12.08.106 12.08.107 12.08.108 12.08.109 Authority to install Signs required to give notice for enforcement purposes Obedience by operators of vehicles and trains Installation of traffic signals Authority to remove Hours of operation Painting of curbs prohibited Lane markings Roadway markings to be distinctive 12.08.101 Authority to install. (a) The City Traffic Engineer shall have the power and duty to place and maintain or cause to be placed and maintained official traffic-control devices when and as required to make effective the provisions of this division. (b) Whenever the Vehicle Code of the state requires, for the effectiveness of any provision thereof, that traffic-control devices be installed to give notice to the public of the application of such law, the City Traffic Engineer is hereby authorized to install or cause to be installed the necessary devices, subject to any limitations or restrictions set forth in the law applicable thereto. (c) The City Traffic Engineer may also place and maintain or cause to be placed and maintained such additional traffic-control devices as he may deem necessary or proper to regulate traffic or to guide or warn traffic, but he shall make such determination only upon the basis of traffic engineering principles and traffic investigations and in accordance with such standards, limitations, and rules as may be set forth in this chapter or as may be determined by ordinance or resolution of the City Council. 12.08.102 Signs required to give notice for enforcement purposes. No provision of the Vehicle Code of the state or of this chapter for which signs are required shall be enforced against an alleged violator unless appropriate legible signs are in place giving notice of such provisions of the traffic laws. 12.08.103 Obedience by operators of vehicles. The operator of any vehicle shall obey the instructions of any official traffic-control device placed in accordance with this division unless otherwise directed by a police officer or other authorized person subject to the exceptions granted the operator of an authorized emergency vehicle when responding to 2/ords/22 8 emergency calls. 12.08.104 Installation of official traffic signals. (a) The City Traffic Engineer is hereby directed to install and maintain official traffic signals at those intersections and other places where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released in order to prevent or relieve traffic congestion or to protect life or property from exceptional hazard. (b) The City Traffic Engineer shall ascertain and determine the locations where such signals are required by field investigation, traffic counts and other traffic information as may be pertinent and his determinations therefrom shall be made in accordance with those traffic engineering and safety standards and instructions set forth in the "California Maintenance Manual and Planning Manual - Traffic" issued by the division of highways of the state department of public works. (c) Whenever the City Traffic Engineer installs and maintains an official traffic signal at any intersection, he shall likewise erect and maintain at such intersection street name signs clearly visible to traffic approaching from all directions unless such street name signs have previously been placed and are maintained at such intersection. 12.08.105 Authority to remove. The City Traffic Engineer is hereby authorized to remove, relocate or discontinue the operation of any traffic-control device not specifically required by Vehicle Code or this chapter whenever he shall determine in any particular case that the conditions which warranted or required the installation no longer exist or obtain. 12.08.106 Hours of operation. The City Traffic Engineer shall determine the hours and days during which any traffic-control device shall be in operation or be in effect, except in those cases where such hours or days are specified in this chapter. 12.08.107 Painting of curbs prohibited. No person, unless authorized by this city, shall paint any street or curb surface; provided, however, that this section shall not apply to the painting of numbers on a curb surface by any person who has complied with the provision of any resolution or ordinance of this city pertaining thereto. 12.08.108 Lane markings. The City Traffic Engineer is hereby authorized to mark center lines and lane lines upon the surface of the roadway to indicate the course to be traveled by vehicles and may place signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the highway. 12.08.109 Roadway markings to be distinctive. The City Traffic Engineer is authorized to place and maintain distinctive roadway markings as described in the Vehicle Code of the state on those streets or parts of streets where the volume of traffic or the 2/ords/22 9 vertical or ot her curvature of the road way renders it hazardous to drive on the left side of such marking or signs and markings. Such marking or signs and markings shall have the same effect as similar markings placed by the state department of public works pursuant to provisions of the state Vehicle Code. SECTION 12.08.110 - 12.08.200 RESERVED. DIVISION 4 - STOPPING. STANDING AND PARKING Sections: 12.08.201 12.08.202 12.08.203 12.08.204 12.08.205 12.08.206 12.08.207 12.08.208 12.08.209 12.08.210 12.08.211 Application of regulations More restrictive provisions Standing in parkways prohibited Use of streets for storage of vehicles prohibited Parking for certain purposes prohibited Parking parallel with curb Angle parking Parking adjacent to schools Parking prohibited on narrow streets Standing of merchandise or food vehicles Emergency parking signs 12.08.212 12.08.213 12.08.214 12.08.215 12.08.216 12.08.217 12.08.218 12.08.219 12.08.220 12.08.221 Display of warning devices when commercial vehicle disabled Parking on private property without permission or in an unauthorized manner Locking ignition required' Impounding of vehicle illegally parked Parking prohibited or time limited on certain streets. Parking space markings--Installation. Parking space markings--Parking within required. Stricter parking regulations within council established limited-parking zones. Parking and driving on city property. Enforcement of parking and driving regulations applicable on city property. 2/ords/22 10 12.08.222 12.08.223 12.08.224 12.08.225 Parking or driving regulations applicable on property of schools and other public agencies. No-parking areas. Installation, design and spacing of signs. Curb markings to indicate no stopping and parking regulations. 12.08.226 12.08.227 12.08.228 12.08.229 12.08.230 12.08.231 12.08.232 12.08.233 12.08.234 12.08.235 Certain commercial vehicles prohibited from parking on private property and public rights-of-way Commercial vehicles exempted from Section 12.08.226 Establishment of Loading Zones. Loading zone-Designation. Passenger loading zone. Effect of permission to load or unload. Standing--For loading or unloading only. Standing--In passenger loading zone. Standing--In any alley. Bus zones. 12.08.201 Application of regulations. The provisions of this division prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device. 12.08.202 More restrictive provisions. The provisions of this division imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the Vehicle Code or the regulations of this city prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. 12.08.203 Standine in parkways prohibited. No person shall stop, stand or park a vehicle within any parkway paralleled by curbs or any parkway designated by the City Traffic Engineer as an area for no standing, stopping, or parking and posted accordingly. 12.08.204 Use of streets for storage of vehicles prohibited. (a) No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours. (b) In the event a vehicle is parked or left standing upon a street in excess 2/ords/22 11 of a consecutive period of seventy-two hours any member of the police department authorized by the chief of police may remove the vehicle from the street in the manner and subject to the requirements of the Vehicle Code. 12.08.205 Parking for certain purposes prohibited. No person shall park a vehicle upon any roadway for the principal purpose of: (a) Displaying such vehicle for sale. fo) Washing, waxing, wiping, greasing or repairing such vehicle except repairs necessitated by an emergency. 12.08.206 Parking parallel with curb. (a) Subject to other and more restrictive limitations, a vehicle may be stopped or parked within eighteen inches of the left-hand curb facing in the direction of traffic movement upon any one-way street unless signs are in place prohibiting such stopping or standing. (b) In the event a highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are in place permitting such standing or parking. (c) The City Traffic Engineer is authorized to determine when standing or parking shall be prohibited upon the left-hand side of any one-way street or when standing or parking may be permitted upon the left-hand side of any one-way roadway of a highway having two or more separate roadways and shall establish signs or markings giving notice thereof. (d) The requirement of parallel parking shall not apply in the event any commercial vehicle is actually engaged in the process of loading or unloading freight or goods, in which case that vehicle may be backed up to the curb; provided, that such vehicle does not extend beyond the centerline of the street and does not block traffic thereby. 12.08.207 Angle Parking. (a) The City Traffic Engineer shall recommend upon what streets angle parking shall be permitted and shall mark and sign such streets when appropriately so ordered by the City Council. Such angle parking shall not be permitted on any state highway or upon any other street or roadway that is not at the angle to the curb or edge of the roadway indicated by such signs or markings. 2/ord~/22 12 12.08.208 Parking adjacent to schools. (a) The City Traffic Engineer is authorized to erect signs indicating no parking upon any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation. (b) When official signs are erected indicating no parking upon either side of a street adjacent to any school property, no person shall park a vehicle in any such designated place. 12.08.209 Parking prohibited on narrow streets. (a) The City Traffic Engineer is authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed twenty (20) feet, or upon one side of a street as indicated by such signs or markings when the width of the roadway does not exceed thirty (30) feet. (b) When signs or markings prohibiting parking are erected upon narrow streets as authorized in this section, no person shall park a vehicle upon any such street in violation of any such sign or marking. 12.08.210 Standing of merchandise or food vehicles. No person shall stop, stand or park any vehicles from which merchandise or foodstuffs are displayed, offered for sale or sold, upon any portion of any street within this city except in compliance with all the following: (a) Stopping to Sell--Time Limit. Such vehicle shall stand or park only at the request of a bona fide customer or purchaser and for a period of time not exceeding ten (10) minutes at any one place. (b) Weight Limit. Such vehicles at all times shall each have a gross weight of less than eight thousand (8,000) pounds. (c) Length of Vehicle. Such vehicles at all times shall have an overall length not exceeding eighteen feet. (d) Days, Hours of operation. Such vehicles shall not so operate on Sundays or holidays, nor before 9:00 a.m. or after 5:00 p.m. on other days. (e) Position on Street. Such vehicles, during the time they are stopped, standing or parked, shall be at the extreme right of the roadway, entirely off the paved, 2/ords/22 13 improved and main traveled portion of the roadway. (f) Purpose of Vehicles. Such vehicles shall be used for display, offering for sale, and sale of merchandise and foodstuffs other than fresh meat, fish, poultry, fruits and vegetables. (g) Noise emanating from such devices shall not exceed a duration of four (4) seconds nor an intensity of seventy (70) decibels. Record players or other continuous noise-making devices are prohibited. 12.08.211 Emergency parking signs. (a) Whenever the City Traffic Engineer, chief of police or their designated representatives determine that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings or functions, or for other reasons, the City Traffic Engineer, chief of police or their designated representatives, shall have power and authority to order temporary signs to be erected or posted, indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys as the City Traffic Engineer, chief of police or their designated representatives shall direct during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency, and the person causing their placement shall cause such signs to be removed promptly thereafter. (b) When signs authorized by the provisions of this section are in place giving notice thereof, no person shall operate, park or stand any vehicle contrary to the directions and provisions of such signs. 12.08.212 Display of warning devices when commercial vehicle disabled. (a) Every motor truck having an unladen weight of ten thousand (10,000) pounds or more, and every truck tractor irrespective of weight when operated upon any street or highway during the time specified in Section 280 of the Vehicle Code shall be equipped with and carry at least two flares or two red lanterns, or two warning lights or reflectors, which reflectors shall be of a type approved by the Department of California Highway Patrol. (b) When any vehicle mentioned in subsection (a) of this section or any trailer or semi-trailer is disabled upon streets or highways outside of any business or resi- dence district within this city and upon which street or highway there is insufficient street lighting to reveal a vehicle at a distance of two hundred (200) feet during any time mentioned in Section 280 of the Vehicle Code, a warning signal of the character indicated in subsection (a) of this section shall be immediately placed at a distance of approximately one hundred (100) feet in advance of, and one hundred (100) feet to the rear of, such disabled vehicle by the driver thereof. The continuous flashing of at least four epproved-type Class 2/orda/22 14 A-Type 1 turn signal lamps, at least two toward the front end and at least two toward the rear of the vehicle, shall be considered to meet the requirements of this section until the devices mentioned in this section can be placed in the required locations. The warning signals mentioned in this section shall be displayed continuously during the time mentioned in Section 280 of the Vehicle Code, while such vehicles remain disabled upon such street or highway. 12.08.213 unauthorized manner. Parking on private property without permission or in an (a) No person shall stop, park or leave standing any vehicle on private property or business premises without the express or implied consent of the owner, authorized agent of the owner, person in lawful possession of such premises or property, or other person in charge thereof. 0a) No person shall stop, park or leave standing any vehicle on private property or business premises at a time, or at a place thereon, or for a period of time, or in any manner otherwise, which is unauthorized by the owner, authorized agent of the owner, person in lawful possession of such premises or property, or other person in charge thereof. (c) The following acts of stopping, parking or leaving standing a vehicle shall be included within those which shall be deemed a violation of subsections (a) or (b) of this section, whichever is applicable, but other acts not mentioned may also violate either subsection. (The use of the term "parking" in the following examples shall be deemed also to include collective acts of "stopping" and "leaving standing"): (1) Parking on any vacant lot or unimproved property unless affirmatively so permitted by posted signs or by the authorized person in charge; (2) Parking off-street on any improved private property not held open to use by the general public, unless such parking is by invitation of the occupant(s) or for bona fide business purposes upon the property; (3) Parking on any off-street parking area or lot or facility of an apartment building, hotel or business enterprise which is indicated by any sign(s) or other markings to be reserved exclusively for use by tenants, residents or employees or others not including the person so parking; (4) Parking on the off-street parking area or lot or facility of an individual parking stall or any area which is indicated by a sign or other markings to be reserved for the exclusive use of a person or persons other than the person so parking; 2/ord~/22 15 (5) Parking in a shopping center or business parking area or facility for a purpose other than doing business with one or more of the stores or offices at the site, or for a purpose not related to such business operation, or remaining parked for longer than reasonably appropriate to do such business or acts related to such business operations; (6) Utilizing a space or stall which is indicated by sign(s) or other marking(s) to be reserved for use in connection with a particular store, office or business, and parking in the same for a purpose other than that for which it is so reserved; (7) Parking in any stall or space which is indicated by sign(s), blue-painted curbing or other marking(s), to be designated for the exclusive use by physically handicapped persons, of a vehicle not displaying one of the distinguishing license plates or placards issued pursuant to Vehicle Code Section 22511.5 or Section 9105. (8) Parking at any spot where such parking is prohibited, as indicated by sign(s), markings, striping, lettering on pavement, red-painted curbing or by any other means, including (but not limited to) areas and locations within areas reserved for or designated as traffic lanes for movement of vehicles or pedestrians, clear areas at or near building entrances or exits, fire lanes, sidewalks or pedestrian or bicycle lanes, clear areas at or near ramps or other facilities used by or intended for use of handicapped persons, unimproved areas, dangerous areas, areas to be utilized by larger vehicles such as trucks, buses, emergency vehicles or other service vehicles, or areas designated for any other business or special use; (9) Except when necessary to avoid conflict with other traffic or by reasons of vehicle disablement or bona fide emergency, parking, standing or waiting at a location within a traffic lane or otherwise, which substantially interferes with the normal movement of vehicular or pedestrian traffic at such location. (10) Parking in violation of the restrictions stated on any other sign or marking(s) not mentioned in the foregoing divisions of this subsection, which has or have been placed on private property or business premises by the owner, authorized agent of the owner, person in lawful possession of such premises or property, or other person in charge thereof; (11) Failure or refusal to remove or move a parked or standing or stopped vehicle from private property or business premises, in compliance with a direction to do so by the owner, person in lawful possession of such premises or property, or other person in charge thereof; or violation of a direction by such person not to park, stop or stand a vehicle upon, or at a particular location upon, such premises or property; provided, that this section shall not apply to an act or failure or refusal to leave property or to 2/ords/22 16 noncompliance with a direction to keep off such property, in any of those instances listed in this Section; or (12) Parking on a private street in violation of a prohibition or restriction stated on any sign or marking(s) or notification giving notice thereof, placed or given by or pursuant to authority of the association or person or other entity owning or in charge of such private street. (d) Nothing in this section affects or limits the rights or remedies any person may have pursuant to any other provision of law, such as Section 22658 of the Vehicle Code, to remove or cause the removal of a vehicle parking upon private property. (e) It shall be the policy of the City Council to encourage the posting of signs on shopping center parking facilities similar to the signs mentioned in Section 21107.8 of the Vehicle Code, to give notice to the public that the parking regulations applicable on the private parking facility are subject to official enforcement by citations and fines and otherwise. This does not, however authorize signs posted in nonconformance with the city's sign control ordinance or other applicable regulations; and the posting of such signs shall not be deemed a requirement or condition precedent to enforcement of this section. (f) Sections 41102 et seq. of the Vehicle Code are referred to and incorporated in this section by this reference and shall be applicable in connection with any prosecution for violation of this section, in the same manner and to the same extent as said sections are applicable to prosecutions for parking violations occurring on the public streets. 12.08.214 Locking ignition required. No person shall park and leave a vehicle on a public street, alley or public parking facility unless the ignition has been locked; provided, however, that if the driver or passenger remains inside the vehicle after and while it is parked, or if the vehicle is in the custody of an attendant, the ignition need not be locked. 12.08.215 Impounding of vehicle illegally parked. Whenever a vehicle is illegally parked on a street or highway in violation of any provision of this division or of this chapter, or of this code, any regularly employed and salaried police officer of the city or deputy of the sheriff's office of Riverside County, or member of the California Highway Patrol, may cause such vehicle to be impounded, driven or towed away and stored, so long as signs are posted giving notice of the removal. Any reasonable costs resulting from such impounding, towing or storage shall be charged to the owner of the vehicle and to the driver who committed the parking violation. 12.08.216 Parking prohibited or time limited on certain streets. When authorized signs are in place giving notice thereof, specifying certain parking prohibitions or time limits, the prohibitions or time limits to be established by the City Council by 2/ords/22 17 resolution, or by the City Traffic. Engineer pursuant to authority vested in him by this chapter, or by the Vehicle Code, no person shall stop, stand, park or leave standing any vehicle in violation of any such prohibition or time limit so specified on the signs. 12.08.217 ParkinE space markings--Installation. The City Traffic Engineer is authorized to install and maintain parking space markings to indicate parking spaces adjacent to curbing where authorized parking is permitted. 12.08.218 Parking space markings--Parking within required. Each vehicle placed in any parking space shall be parked within the lines and markings so established by the City Traffic Engineer, and no person shall park or leave standing any vehicle so that it extends across any such line or markings, or is in such position that is not entirely within the space designated by such lines or markings. 12.08.219 Stricter parking regulations within council established limited-parking zones. Pursuant to authority vested in him by other provisions of this division or by the Vehicle Code, the City Traffic Engineer is authorized to prescribe shorter time limits than those specified by resolution of the City Council, or to prescribe parking prohibitions, within a particular limited-parking zone so specified by the City Council; provided, that the stricter parking limitations or prohibitions are properly indicated by appropriate signs or markings in accordance with this division or other provisions of law. 12.08.220 Parking and driving on City Property. (a) The City Manager shall from time to time examine and survey all city-owned parking lots, parking areas and other properties, and all property under the city's direct control, with respect to vehicle driving and parking uses, and the need for regulations applicable thereto, in order to assure proper and appropriate use of such public properties and to prevent interferences with the orderly and efficient conduct of the city's business. Co) Based thereon, the City Manager shall promulgate such conditions, rules and regulations governing driving, stopping, parking or leaving standing of vehicles on the particular properties involved, as shall in his judgment, be necessary and appropriate to advance the public purposes mentioned in subsection (a) of this section. (c) A written statement or other graphic depiction of such special conditions, rules and regulations shall, upon promulgation, be filed in the office of the City Clerk, and the City Council shall be promptly notified of such filing. Any council member may then cause the matter to be submitted, in whole or in part, for a formal review by the City Council. If no council member takes such action within thirty days from the date the matter was filed with the City Clerk, then the special conditions, rules and regulations shall be deemed adopted and imposed by the City Council within the meaning of Vehicle Code Section 21113. 2/orda/22 18 12.08.221 city Property. Enforcement of parking and driving regulations applicable on (a) Pursuant to Vehicle Code Section 21113, a written statement or other graphic depiction of all special conditions, rules and regulations adopted per Section 12.08.220 shall, at all times while the same remain effective be kept on file and available at the office of the City Clerk, for examination by all interested persons. Co) The City Manager shall erect, place and maintain appropriate signs and markings at each city-owned or city-controlled parking lot, parking area and other property, giving notice of all special conditions, rules and regulations applicable thereto, adopted per Section 12.08.220 and imposed under Vehicle Code Section 21113. 12.08.222 Parking or driving regulations applicable on property of schools and other public agencies. Conditions and regulations concerning parking or driving on property and grounds of schools or other public agencies are imposed by the appropriate governing boards or officers and are enforced pursuant to and under the conditions of Vehicle Code Section 21113. 12.08.223 No-parking areas. The City Traffic Engineer is authorized to maintain, by appropriate signs, markings or by paint upon the curb surface, certain no-stopping zones, no-parking areas, and restricted-parking areas, as defined and described in this section. No person shall stop, stand, park or leave standing any vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer or traffic sign or signal; (a) Within any divisional island unless authorized and clearly indicated with appropriate sign or signal; Co) On either side of any street between the projected property lines of any public walk, public steps, street or thoroughfare terminating at such street, when such area is indicated by appropriate signs or red paint upon the curb surface; (c) In any area where the City Traffic Engineer determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property, when such area is indicated by appropriate signs or by red paint upon any curb surface; (d) In any area established by resolution of the City Council as a no-parking area, when such area is indicated by appropriate signs or by red paint upon the curb surface; (e) In any area where the parking or stopping of any vehicle would constitute a traffic hazard or would endanger life or property; 2/ord~/22 19 (f) On any street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would pro- hibit or interfere with such use or movement; provided, that signs giving notice of such no- parking are erected or placed at least twenty-four (24) hours prior to the effective time of such no-parking. (g) At any place within twenty (20) feet of a point on the curb immediately opposite the midblock end of a safety zone, when such place is indicated by appropriate signs or by red paint upon the curb surface; (h) At any place within twenty (20) feet of a crosswalk at an intersection when such place is indicated by appropriate signs or by red paint upon the curb surface except that a bus may stop at a designated bus stop; (i) In any area of approach to any traffic signal, left-turn lane, boulevard stop sign or official electric flashing device when such area is determined by the City Traffic Engineer to be valuable in the interest of promoting traffic safety or convenience, and the area is indicated by appropriate signs or by red paint upon the curb surface that a bus may stop at a designated bus stop. 12.08.224 Installation. design and spacing of signs. The City Traffic Engineer is authorized and directed to cause signs regulating or prohibiting parking to be installed in the zones now or hereafter provided by resolution of the City Council at such places as the City Traffic Engineer is authorized to regulate parking, standing or stopping pursuant to other provisions of this Chapter or of law. Signs giving notice of a parking time limitations shall be approximately 12 inches by 12 inches by 18 inches in size, with green lines on a white background specifying the particular parking time limitation applicable. Such signs shall be spaced at a maximum interval of 200 feet, and provided that there shall be a minimum of 4 signs in one block on each side of the street. 12.08.225 Curb markings to indicate no stopping and parking regulations. (a) The City Traffic Engineer is authorized, subject to the provisions and limitations of this rifle, to place, and when required in this title shall place, the following curb markings to indicate parking or standing regulations, and the curb markings shall have the meanings as set forth in this section: 2/orda/22 20 (1) Red means no stopping or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone. (2) Yellow means no stopping, standing or parking at any time between 7:00 a.m. and 6:00 p.m. of any day for any purpose other than loading or unloading of passengers shall not consume more than three minutes, nor the loading or unloading of materials more than twenty (20) minutes. (3) White means no stopping, standing or parking for any purpose other than loading or unloading of passengers, or for the purpose of depositing mail in an adjacent mailbox, which shall not exceed three minutes and such restrictions shall apply between 7:00 a.m. and 6:00 p.m. of any day and except as follows: (i) When such zone is in front of a hotel or in front of a mailbox the restrictions shall apply at all times. (ii) When such zone is in front of a theater or restaurant the restrictions shall apply at all times except when such theater or restaurant is closed. (iii) Taxicabs shall comply with this subdivision unless authorized to maintain a taxicab stand adjacent to the white curb marking, and provided the area for the taxicab stand is sign-posted at either end indicating "TAXICAB ZONE ONLY." (4) Green means no standing or parking for longer than twenty minutes at any time between 9:00 a.m. and 6:00 p.m. of any day. (5) Blue means parking limited exclusively to the vehicles of physically handicapped persons. 2/ords/22 21 (b) When the City Traffic Engineer, as authorized under this title, has caused curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb marking in violation of any of the parking, standing or stopping regulations so indicated. 12.08.226 Certain commercial vehicles Prohibited from parking on private property and public rights-of-way. Unless exempted pursuant to Section 12.08.227 no commercial or construction vehicle, or towed commercial or construction equipment, shall be parked on private property or on public rights-of-way unless the vehicle or equipment is screened from public view and adjacent properties. The term "commercial or construction vehicle and/or equipment" includes, but is not necessarily limited to, utility body trucks, farming and construction tractors, construction vehicles and towed equipment, semi-truck tractors, semi-truck trailers, dump trucks, step van delivery trucks or any parts or apparatus of any of the above. 12.08.227 Commercial vehicles exempted from Section 12.08.226. The following commercial and construction vehicles are exempted from the prohibition contained in Section 12.08.226: (a) Pickup trucks, utility vans and similar utility vehicles, each of which do not exceed eight feet in height or twenty feet in combined total length; (b) All vehicles while being used in actual construction work on a permit-approved construction site; (c) All vehicles in the process of making a pickup or delivery; and (d) Governmental and utility emergency service vehicles. (e) Vehicles parked on streets directly adjacent to a hotel, motel, or other such establishment when displaying a parking permit issued by the establishment as authorized by the Police Department. 12.08.228 Establishment of loading zones. The City Traffic Engineer is authorized to determine and to make loading zones and passenger loading zones as follows: (a) At any place in any business district; (b) Elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly. 12.08.229 Loading zone-Designation. Loading zones shall be indicated by yellow paint upon the top and face of the curb, with black letters "LOADING ONLY" 2/orda/22 22 stenciled or otherwise painted on the top of the curb. 12.08.230 Passenger loading zone. Passenger loading zones shall be indicated by white paint upon the top and face of the curb, with black letters "PASSENGER LOADING ONLY" stenciled or otherwise painted on the top of the curb. 12.08.231 Effect of permission to load or unload. (a) Permission granted in Section 12.08.225 to stop or stand a vehicle for purpose of loading or unloading of materials shall apply only to commercial vehicles and shall not extend beyond the time necessary therefor, and in no event for more than twenty (20) minutes. Co) The loading or unloading of materials shall apply only to commercial deliveries, also the delivery or pickup of express and parcel post packages and United States mail. (c) Permission granted in Section 12.08.225 to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage but shall not extend beyond the time necessary therefor and in no event for more than three (3) minutes. (d) Within the total time limits specified in this section the provisions of this section shall be enforced so as to accommodate necessary and reasonable loading and unloading but without permitting abuse of the privileges granted by this chapter. 12.08.232 Standing--For loading or unloading only. No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading or unloading passengers or material, for such time as is permitted in Section 12.08.231. 12.08.233 Standing--In passenger loading zone. No person shall stop, stand or park a vehicle in any passenger loading zone for any purpose other than the loading or unloading of passengers for such time as is specified in Section 12.08.231. 12.08.234 Standing--In any alley. No person shall stop, stand,p4 or park a vehicle for any purpose other than the loading or unloading of persons or materials in any alley. 12.08.235 Bus zones. The City Traffic Engineer is authorized to establish bus zones opposite curb space for the loading and unloading of buses or common carriers of passengers and to determine the location thereof subject to the directives and limitations set forth in this section: 2/ords/22 23 (a) "Bus" as used in this section means any motor bus, motor coach, trackless trolley coach or passenger stage used as a common carrier of passengers. zone. Co) No bus zone shall be established opposite and to the right of a safety zone. (c) No person shall stop, stand or park any vehicle except a bus in a bus SECTION 12.08.236- 12.08.300 RESERVED DIVISION $ - STOP INTERSECTIONS 12.08.301 Erection of stop signs 12.08.301 Erection of stop signs. Whenever any resolution of this city designates and describes any street or portion thereof as a through street, or any intersection at which vehicles are required to stop at one or more entrances thereto. The City Traffic Engineer shall erect and maintain stop signs as follows: A stop sign shall be erected on each and every street intersecting such through street or portion thereof so designated and at those entrances or other intersections where a stop is required. Every such sign shall conform with and shall be placed as provided in Section 21355 of the Vehicle Code. SECTION 12.08.301-12.08.350 RESERVED DIVISION 6 - YIELD RIGHT-OF-WAY SIGNS 12.08.351 Placement. The City Traffic Engineer is authorized to determine those intersections at which drivers of vehicles shall yield the right-of-way to opposing traffic. The City Traffic Engineer shall place and maintain "YIELD RIGHT-OF-WAY" signs at the entrance of streets previously determined by him, and the signs shall comply with the specifications of the Vehicle Code of the state. SECTION 12.08.352- 12.08.380 RESERVED 2/ords/22 24 DIVISION 7 - ONE-WAY STREETS AND ALLEYS 12.08.381 i.$jg~. Whenever any resolution of this city designates any one-way street or alley, the City Traffic Engineer shall place and maintain signs giving notice thereof, and no such regulations shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. SECTION 12.08.382- 12.08.400 RESERVED DIVISION 8 - RESTRICTED USE OF CERTAIN STREETS 12.08.401 12.08.402 12.08.403 12.08.404 12.08.405 Truck routes--Establishment Truck routes--Designation. Truck routes--Use required--Exceptions. Truck routes--Exemptions. Commercial vehicles prohibited from using certain streets. 12.08.401 Truck routes-Establishment. The following streets and portions of streets are designated and established as truck routes: (a) Rancho California Road from the Westerly City Limit east to the Easterly City Limits. (b) Winchester Road (Route 79 North) from Jefferson Avenue to the Northerly City Limits. (c) Jefferson Avenue from Cherry Street south to Via Montezuma. (d) Front Street from Via Montezuma south to Rancho California Road. (e) California Road. Ynez Road from Winchester Road (Route 79 North) south to Rancho (f) Route 79 South from Interstate 15 east to the Easterly City Limits. 12.08.402 Truck routes--Designation. Whenever any ordinance of this city designates and describes any street or portion thereof as a street the use of which is permitted by any vehicle exceeding a maximum gross weight limit three tons, the City Traffic Engineer is authorized to designate such street or streets by appropriate signs as "TRUCK TRAFFIC 2/ords/22 25 ROUTES' for the movement of vehicles exceeding a maximum gross weight limit of three tons. 12.08.403 Truck wutes--Use required--Exceptions. When any such truck traffic route or routes are established and designated by appropriate signs, the operator of any vehicle exceeding a maximum gross weight limit of three tons shall drive on such route or routes and none other, except that nothing in this section shall prohibit the operator of any vehicle exceeding a maximum gross weight of three tons coming from a "TRUCK TRAFFIC ROUTE" having ingress and egress by direct route to and from restricted streets when necessary for the purpose of making pickups or deliveries of goods, wares or merchandise from or to any building or structure located on such restricted streets or for the purpose of delivering materials to be used in the acttlal and bona fide repair, alteration, remodeling or construction of any building or structure upon such restricted 'streets for which a building permit has previously been obtained therefore. 12.08.404 Truck routes--Exemptions. The provisions of Sections 12.08.401 and 12.08.402 shall not apply to: (a) Commission; or Passenger buses under the jurisdiction of the Public Utilities Co) Any vehicle owned by a public utility while necessarily in use in the construction, installation or repair of any public utility; or (c) Any vehicle delivering street construction materials for street construction or repairs. 12.08.405 Commercial vehicles prohibited from using certain streets. Whenever any ordinance of this city designates and describes any street or portion thereof as a street the use of which is prohibited by any commercial vehicle, the City Traffic Engineer shall erect and maintain appropriate signs on those streets affected by such ordinance. SECTION 12.08.406- 12.08.450 RESERVED Sections: 12.08.451 12.08.452 12.08.453 12.08.454 DMSION 9 - DRIVING RULES Driving through funeral processions. Controlled intersections. Clinging to moving vehicles. Driving vehicles on sidewalks--Generally prohibited. 2/ord~/22 26 12.08.455 12.08.456 12.08.457 12.08.458 12.08.459 Bicycles on sidewaiks--When allowed. New pavement. Driving on rims of wheels. Restricted access. Excessive acceleration. 12.08.451 Drivin~ through funeral processions. No driver of a vehicle shall drive between vehicles comprising a funeral procession while they are in motion and when the vehicles in such procession are conspicuously so designated. 12.08.452 Controlled intersection. Section 12.08.451 shall not apply at intersections where traffic is controlled by official traffic signals or police officers. 12.08.453 Clinging to moving vehicles. No person riding upon any bicycle, motorcycle, coaster, roller skates, skateboard or any toy vehicle shall attach the same or himself/herself on any moving vehicle upon any road-way. 12.08.454 Driving vehicles on sidewalks--Generally Prohibited. Unless otherwise expressly allowed by another provision of this title or other applicable law, no person shall drive a vehicle (including any bicycle or unicycle) within any sidewalk area or parkway except at a permanent or temporary driveway. 12.08.455 Bicycles on sidewalks--When allowed. (a) Notwithstanding the provisions of Section 12.08.454 bicycles and unicycles may be ridden along portions or segments of sidewalks wherever expressly permitted by resolution of the City Council, but not until such sidewalk areas have been appropriately designated by the city engineer with signs or markings to give due notice to the pedestrian and cycling public. 12.08.456 New pavement. No person shall ride or drive any animal or any vehicle over or across any newly made pavement or freshly painted marking in any street when a barrier or sign is in place warning persons not to drive over or across such pavement or marking, or when a sign is in place stating that the street or any portion there of is closed. 12.08.457 Driving on rims of wheels. No person shall drive, operate tow or otherwise move any motor vehicle, equipped with rims to accommodate rubber tires, over or across any street in this city with tires removed or deflated so that the metal flanges or rims are in contact with the pavement, except to the nearest edge of the pavement from the point any such condition occurs through accident. 12.08.458 Restricted access. No person shall drive a vehicle onto or from any limited access roadway except at such entrances and exits as are established by public authority. 2/ords/22 27 12.08.459 Excessive acceleration. No person shall operate a vehicle on a street or alley in such a manner as to facilitate its speed by means of leaving rear-wheel frictional rubber marks, caused by rapid acceleration. SECTION 12.08.460- 12.08.500 RESERVED DIVISION 10 - PEDESTRIANS Sections: 12.08.501 Crosswalks--Establishment--Signs. 12.08.501 Crosswalks--Establishment--Signs. (a) The City Traffic Engineer is authorized to establish and maintain crosswalks and to designate them by appropriate devices or painted signs upon the surface of the roadway. (b) The City Traffic Engineer may place signs at or adjacent to an intersection in respect to any crosswalk directing that pedestrians shall not cross except in the crosswalk so indicated. SECTION 12.08.502- 12.08.600 RESERVED. DIVISION 11 - VIOLATION OF CHAPTER - PENALTY Sections: 12.08.601 Violation of Chapter - Penalty. 12.08.601 Violation of Chapter - Penalty. Any person violating any provision of this chapter shall be guilty of an infraction, and upon conviction thereof shall be punished by a fine of not more than two hundred ($200.00) dollars. Section 3. 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 4. The City Clerk shall certify to the adoption of this Ordinance and shall 2/ord8/22 28 cause the same to be posted as required by law. 2/ot'd~/22 29 Section 5 EFFECTIVE DATE This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. PASSED, APPROVED AND ADOPTED this ~ day of , 1991. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS. I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 91-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the __ day of , 1991, and that thereafter, said Ordinance was duly adopted and passed. at a regular meeting of the City Council on the __ day of , 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk APPROVED AS TO FORM: Scott F. Field City Attorney 2/ord~/22 30 ITEM NO. 12 APPROVAL _~-- FINANCE OFFICER-- CITY MANAGER -~<, / TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department April 23, 1991 Appeal No. 10, Double Tree Suites Sign PREPARED BY: Mark Rhoades RECOMMENDAT ION: Staff recommends that the City Council DENY Appeal No. 10 based on the Analysis contained in the Staff Report. BACKGROUND: Administrative Plot Plan No. 24 was brought before the Planning Commission on February 25, 1991. The project was an application for signage for the Double Tree Hotel and Restaurant. Included in the application was Sign "C", which is an off-site tenant monument sign. Sign "C" was deleted from the plan because off-site signs are not permitted by Ordinance 348, which the City of Temecula has adopted. ANALYSIS: Prior to the submittal of this appeal application, the applicant was informed that an appeal was not the proper mechanism for seeking approval of the subject sign. Since the subject sign does not meet ordinance requirements, the applicant would need to file a variance application, as indicated by Paragraph No. ~ of the applicant's attached appeal letter, However. instead of the variance request. the applicant has filed an appeal for the off-site sign which is not allowed by code, Therefore. in conformance with Ordinance 3~8. Staff recommends denial of Appeal No, 10. If the applicant wishes to A:10.APPL 1 pursue further consideration of the subject sign, a variance should be filed in conjunction with a sign permit in conformance with ordinance requirements. P, ECOMMEN DAT I ON: Staff recommends that the City Council DENY Appeal No,. 10 based on the Analysis contained in the Staff Report. MR: ks A:10.APPL 2 Notice of Public Hearing THE CITY OF TEMECULA 43172 Business Park Drive Temecula, CA 92390 A PUBLIC I-tEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. Cnse No: Applicant: Location: Proposal: Appeal No. 10 Bedford Properties, Inc. Southwest corner of Rancho California and Ynez Roads Appeal of the Planning Commission decision to deny the applicants request for signage not permitted by ordinance. Environmental Action: Exempt Any person may submit written comments to the City Council before the hearing(s) or may appear and be heard in support of or opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice, or in written correspondences delivered to the City Clerk at, or prior to, the public hearing(s). The proposed project application(s) may be viewed at the public information counter, Temecula Planning Department, 43180 Business Park Drive, Monday through Friday from 9:00 AM until 4:00 PM. Questions concerning the project(s) may be addressed to Mark Rheades, City of Temecula Planning Department, (714)694-6400. PLACE OF HEARING DATE OF HEARING TIME OF HEARING Temporary Temecula Community Center 27475 Commerce Center Drive Temecula Tuesday, April 23, 1991 7:00 PM VICINITY MAP No sc,Ls TO: The City oF Temecula Planning dept. 43180 Business Park Dr. Telnecula, Ca. 92390 Re: Case # Appeal # 10 BedFord Properties request fo'r a sign S/W corner, Rancho Calif. Rood, and Ynez Road. Hearing date, 4/23/91 FroIll: Villa Hermosa Condominium Association Tierra Vista Road Temecula, Ca. 92390 Please be advised that the Villa ttermosa Condominium Association men~bership is vehemently opposed to Bedford Properties request to place a sign at any location on or near their hotel property located at Rancho California, and Ynez Roads. Bedfords Double Tree Hotel has already caused a tremendous amount of dust, headlights, and noise poilu[ion for our homeowners. In addition, We feel that more commercialization (especially signs in a residential area) will.continue to further the adverse enviormental affect that our homeowners have been subjected to since the incipient stages of Bedfords hotel project. Sincerely, Conrad Ellefson, P'resident, VHCA qllOI Iiesa Robles Cir. Temecula, Ca. 92390 ITEM NO. 13 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department April 23, 1991 Appeal No. 11, Second Extension of Time For Parcel Map No. 22629 PREPARED BY: RECOMMENDAT ION: APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCAT ION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: Steve Jiannino Staff recommends that the City Council ADOPT Resolution 91- denying the appeal and UPHOLD the Conditions of Approval as adopted by the City of Temecula Planning Commission, Centennial Engineering Centennial Engineering For a Second Extension of Time for Parcel Map No. 22629. a 4 lot subdivision on 4.83 acres, West side of Green Tree Lane. 300 feet north of Pauba Road. R-R, Rural Residential North: South: East: West: R-R. Rural Residential R-R, Rural Residential R-R. Rural Residential R-R, Rural Residential Not requested Vacant A:PM 22629-B 1 SURROUNDING LAND USES: PROJECT STATISTICS: North: South: East: West: Vacant Vacant Single Family Residential Private School Lot area: 4.8 acres Number of Lots: 4 Min. lot size: 1.1 acres Max. lot size: 1.3 BACKGROUND: STAFF RECOMMENDATIONS: The Second Extension of Time for Parcel Map No. 22629 was approved by the City of Temecula Planning Commission on March 18, 1991 by a 4-0 vote. The Planning Commission at their March 4, 1991 meeting added Conditions of Approval to the project requiring street improvements to include A.C. paving, curb and gutter. The original County approved conditions did not require A.C. paving, curb and gutter as part of the improvements because Ordinance 460 does not require these improvements for a Schedule G map. The Planning Commission for public health and safety reasons added the conditions for the increased street improvements. The applicant protested the addition of the condition because it was; 1) not a logical development of the roadway, doing the improvements on a piece-meal basis; and 2) it was an onerous expense for the project and not normally required of this type of development. The developer contends that a condition requiring them not to protest the formation of an assessment district to construct the roads, which would allow the entire road section to be completed at one time instead of on a piece-meal basis, would be the most appropriate method to provide for the road improvements. The applicant filed an appeal of the Conditions of Approval based on the reasons mentioned above on March 21, 1991. Staff recommends that the City Council: ADOPT Resolution 91- denying Appeal No. 11 and UPHOLD the Conditions of Approval as adopted by the City of Temecula Planning Commission. A:PM 22629-B 2 Attachments: Planning Commission Minutes (dated March 18. 1991) Staff Report (dated March 18, 1991) A:PM 22629-B 3 RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING APPEAL NO. 11 TO MODIFY CONDITIONS NO. 10 AND 11 FOR THE SECOND EXTENSION OF TIME FOR PARCEL MAP NO. 22629. WHEREAS, Centennial Engineering filed the Appeal in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Appeal application was processed in the time and manner prescribed by State and local law; WHEREAS, the City Council considered said Appeal on April 23, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Council hearing, the Council denied said Appeal; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: · SECTION 1. The City of Temecula City Council hereby denies Appeal No. 11 to modify Conditions No. 10 and 11 for the Second Extension of Time for Parcel Map no. 22629. DENIED AND ADOPTED this 23rd day of April, 1991. RONALDJ. PARKS MAYOR A:PM 22629-B 1 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by tlne City Council of the City of Temecula at a regular meeting thereof. held on the 23 day of April, 1991 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS JUNE S. GREEK DEPUTY CITY CLERK A:PM 22629-B 2 Notice of Public Hearing THE CITY OF TEMECULA 43172 Business Park Drive Temecula, CA 92390 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. Case No: Applicant: Location: Proposal: Appeal No. 11, Second Extension of Time, Parcel Map 22629 Centennial Engineering West Side of Green Tree Lane, 300 feet north of Pauba Road Appeal Condition Number 10 and 11 of the Conditions of Approval for the Second Extension of Time for Parcel Map No. 22629 Environmental Action: N/A Any person may submit written comments to the City Council before the hearing(s) or may appear and be heard in support of or opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice, or in written correspondences delivered to the City Clerk at, or prior to, the public hearing(s). The proposed project application(s) may be viewed at the public information counter, Temecula Planning Department, 43180 Business Park Drive, Monday through Friday from 9:00 AM until 4:00 PM. Questions concerning the project(s) may be addressed to Steve liarmino, City of Temecula Planning Department, (714)694-6400. PLACE OFHEARING DATE OF HEARING TIME OF HEARING Temporary Temecula Community Center 27475 Commerce Center Drive Temecula Tuesday. April 23. 1991 7:00 PM PLANNING COMMISSION MINUTES PUBLIC HEARING ITEMS MARCH 18, 1991 SECOND EXTENSION OF TIME PARCEL MAP NO. 22629 3.1 Proposal for second Extension of Time for four parcel subdivision of 4.8 acres. Located on the west side of Green Tree Lane, approximately 300 feet north of Pauba Road. STEVE JIANNINO presented the staff report. He reminded the Commission that this project was conditioned from the March 4, 1991, hearing to require street improvements. Mr. Jiannino advised the Commission that the representative of the project did not concur with the requirement for street improvements. Staff amended the Conditions of Approval by revising Condition No. 11 to read "Condition No. 8 and Condition No. 9 of County Road Letter" and by deleting Condition No. 21. CHAIRMAN CHINIAEFF opened the public hearing at 6:15 P.M. BOB VANHOUTEN, representing Centennial Engineering, 27851 Bradley Road, Suite 140, Sun City, gave the Commission a brief history of the project and the delays caused by the incorporation from the County to a City. Mr. VanHouten advised the Commission that the applicant cannot financially construct the street improvements that are proposed by staff and requested that the Commission not impose the street improvement conditions with the approval of the project. LOUIS LOHR, owner of Centennial Engineering, 1779 East Florida, Suite D-l, Hemet, offered for consideration a condition by the Commission stating that the applicant make an irrevocable offer that the present or future property owners not oppose an assessment district for Green Tree Lane. JOHN H. TELESIO, 31760 Via Telesio, Temecula, concurred with the recommendations made by Centennial Engineering. CHAIRMAN CHINIAEFF questioned if the Fire Department had a problem with Green Tree Lane in it's present state as a base only road. PCMIN3/18/91 -3- MARCH 21, 1991 PL~qNIN~ COMMISSION MINUTES H~%RCH ~8, ~99L MIKE GRAY, County Fire Department, advised the Commission that the City is heading towards a more urban fire department with bigger, heavier equipment and therefore, the City needs to change it's stance on the development of the roadways. Mr. Gray stated that he felt now was the time to get the asphalt pavement in. He added that the minimum requirement would be two lanes. CHAIRMAN CHINIAEFF questioned if the Commission should be proposing an amendment to Ordinance 460. DOUG STEWART advised that the standards of Ordinance 460 is minimum standards of base, gravel roads. He added that the Commission could require more than base, gravel roads; however, he suggested it might be appropriate for the Commission to make some modifications to Ordinance 460. JOHN CAVANAUGH advised that the Commission has the authority to impose conditions based on a health and safety issue, which the applicant must agree with; however, the Commission could deny the request entirely. He added that the applicant could appeal the conditions. COMMISSIONER HOAGLANDmoved to close the public hearing at 6:40 P.M. and Adopt Resolution No. 91-(next) approving the Second Extension of Time for Tentative Parcel Map No. 22629 based on the findings contained in the Staff Report and subject to the attached Conditions of Approval as amended by staff, seconded by COMMISSIONER FAHEY. AYES: 4 COMMISSIONERS: Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Blair 4.1 EXTENSION OF TIME VESTING TENTATIVE TRACT MAP NO. 2 NO. 2 Prop First Extension Of Time of 284 units. Local of Solana Way and l. the development the northeast corner RICHARD ~resented the )ort. PCMIN3/l$/91 -4- MARCH 21, 1991 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION March 18, 1991 Case No.: Second Extension of Time for Parcel Map No. 22629 Prepared By: Steve Jiannino Recommendation: ADOPT Resolution No. 91- approving the Second Extension of Time for Tentative Parcel Map No. 22629 APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCAT ION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS: BACKGROUND: Centennial Engineering Centennial Engineering A Second Extension of Time for Tentative Parcel Map No, 22629. a 4 lot subdivision on 4.83 acres, West side of Green Tree Lane, 300 feet north of Pauba Road. R-R, Rural Residential North: South: East: West: R-R. Rural Residential R-R, Rural Residential R-R, Rural Residential R-R, Rural Residential Not requested Vacant North: South: East: West: Vacant Vacant Single Family Residential Private School Lot area: 4.8 acres Number of Lots: 4 Min. lot size: 1.1 acres Max, lot size: 1.3 This project was continued from the March 4. 1991 Planning Commission Meeting in order to allow Staff the opportunity to meet and work with the applicant STAFF R PT\PM22629A 1 STAFF RECOMMENDATION: on required street improvements for the project. The Planning Commission felt that, even though the lots would be a minimum of one acre, some kind of paving of the streets would be appropriate due to the site's proximity to the City's urban core. The applicant, through Staff's error, was not notified of the Public Hearing and therefore was not present for the Public Hearing to discuss the proposed additional Conditions of Approval. Staff has met with the applicant to discuss the issue regarding street improvements. The applicant also brought to the attention of Staff that he had filed a completed final map prior to the expiration date and therefore an Extension of Time was not required to record the map. The applicant is providing information to the City Attorney regarding the need for a time extension to record the final map. If the City Attorney determines that an extension of time is required, an alternative solution to the required street improvements could be that a condition of approval be added requiring the applicant to not protest the formation of an assessment district for street improvements when the City deems it appropriate to have paved streets in the area. The Staff Report of March 4, 1991 is attached with all the attachments included. The March 4, 1991 Staff Report and Conditions of Approval as modified are still current and are included in this report by reference. Planning Department Staff recommends that the Planning Commission: ADOPT Resolution No. 91-~ approving the Second Extension of Time for Tentative Parcel Map No. 22629 based on the findings contained in the Staff Report and subject to the attached Conditions of Approval. SJ: mb Attachments: 2. 3. 4. Resolution Planning Commission Minutes, March 4, 1991 Planning Commission Staff Report, March 4. 1991 Conditions of Approval STAFFRPT\PM22629A 2 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVINGTHE SECOND EXTENSION OF TIME FOR PARCEL MAP NO. 22629 TO SUBDIVIDE A 4.83 ACRE PARCEL INTO 4 PARCELS ON THE WEST SIDE OF CREEN TREE LANE, 300 FEET NORTH OF PAUBA ROAD. WHEREAS, Centennial Engineering filed Extension of Time for Parcel Map No. 22629 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, the Planning Commission considered said Extension of Time on March 18, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission approval of said Extension of Time; NOW. THEREFORE. THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findin.qs. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. STAFFRPT\PM22629A 3 c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that the Second Extension of Time for Parcel Map No. 22629 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans. STAFFRPT\PM22629A 4 c) That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict with easements. acquired by the public at large. for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. (2) The Planning Commission in approving the proposed Second Extension of Time for Tentative Parcel Map, No. 22629 makes the following findings, to wit: a) There is a reasonable probability that this project will be consistent with the City's future General Plan. which will be completed in a reasonable time and in accordance with State Law, due to the fact that the project is consistent with the existing SWAP designations and current zoning on the site. b) There is not a likely probability of substantial detriment to or interference with the future and adopted General Plan, if the proposed use or action is ultimately inconsistent with the plan. due to the fact that the project is in conformance with existing and anticipated land use and development within the area. STAFFRPT\PM22629A 5 c) d) e) f) g) h) i) j) The proposed use or action complies with state planning and zoning laws, due to the fact that the proposed use conforms with those uses listed as "allowed" within the project site's existing R-R ( Rural Residential) zoning for the site. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and density, due to the fact that; adequate area is provided for all proposed residential structures. The project as designed and conditioned will not adversely affect the public health or welfare, due to the fact that the conditions stated in the approval are based on mitigation measures necessary to reduce or eliminate potential adverse impacts of the project. Parcel Map No. 22629 is compatible with surrounding land uses. The harmony in scale, bulk, height, density and coverage creates a compatible physical relationship with adjoining properties, due to the fact that the proposal is similar in compatibility with surrounding land uses. The proposal will not have an adverse effect on surrounding property because it does not represent a significant change to the present or planned land use of the area,due to the fact that the proposed project is consistent with the current zoning of the subject site R-R, ( Rural Residential ), and also consistent mwith the adopted Southwest Area Community Plan (SWAP) designation of 1 acre minimum. The project as designed and conditioned will not adversely affect the built or natural environment. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed projects, due to the fact that this is clearly represented in the site plan and the project analysis. That said findings are supported by minutes, STAFFRPT\PM22629A 6 maps, exhibits and environmental documents associated with these applicants and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. proposed is community. As conditioned pursuant to SECTION 3, the Parcel Map compatible with the health, safety and welfare of the SECTION 2. Conditions. That the City of Temecula Planning Commission hereby approves the Second Extension of Time for Parcel Map No. 22629 for the subdivision of a 4.8 acre parcel into 4 parcels located on the west side of Green Tree Lane, 300 feet north of Pauba Road subject to the following conditions: A. Exhibit A, attached hereto. SECTION 3, PASSED, APPROVED AND ADOPTED this 18th day of March, 1991. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 18th day of March, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS STAFFR PT\PM22629A 7 PLANNING COMMISSION MINUTES 2. SECOND EXTENSION OF TIME PARCEL MAP NO. 22629 MARCH 4, 1991 2.1 Proposal for second extension of time for four parcel subdivision of 4.8 acres. Located on the west side of Green Tree Lane (approximately 300 feet north of Pauba Road). STEVE JIANNINO provided the staff report. Steve Jiannino amended the Conditions of Approval as follows: under "Prior To Issuance Of Grading Permit", add 13 A) to read "If grading is to take place between the months of October through April, erosion controls will be required. Erosion Control Plan and notes shall be submitted and approved by the Engineering Department." CHAIRMAN CHINIAEFF opened the public hearing at 7:05 P.M. COMMISSIONER HOAGLAND questioned the requirement for paving of the roads. GARY THORNHILL stated that Ordinance 460 did not require the paving of roads in rural areas. He added that these were County standards for County rural areas and even though the City is incorporated, they are still dealing with the County standards. COMMISSIONER HOAGLAND expressed a concern that not requiring the roads to be paved would be in conflict with the proposed general plan. CHAIRMAN CHINIAEFF questioned if the Commission could make the recommendation that the streets be paved based on a determination of health, safety and welfare to the public. JOHN CAVANAUGH advised the Commission that because this item was not a Vesting Tentative Map, the Commission was not restricted to a health, safety and welfare determination; however, the Commission could make a recommendation that an additional condition be included requiring the streets be paved. Mr. Cavanaugh added that if the Commission choose to entertain any other conditions, the item should be continued because the applicant was not present to concur. Mr. Cavanaugh requested that the Commission state what street improvements they would recommend. COMMISSIONER HOAGLAND stated that he would like to see at the minimum, a paved road with a cul-de-sac at the end. PCMIN3/04/91 -5- MARCH 7, 1991 PLANNING COMMISSION MINUTES MARCH 4, 1991 DOUG STEWART advised the Commission that the current standard for secondary access is 28 foot minimum without curb and gutter. COMMISSIONER FAHEY moved to leave the public hearing open and continue Second Extension of Time for Parcel Map No. 22629 to the meeting of March 18, 1991, to propose and discuss with the applicant the additional condition requiring pavement of the cul-de-sac, seconded by COMMISSIONER HOAGLAND. AYES: 4 COMMISSIONERS: Blair, Fahey, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Ford PLOT PLAN 217 Proposal to construct a two-story retail/office totaling 15,343 square feet on a 1.2 acre site. 41460 Sanborn Avenue, Temecula. RAY presented the staff report. Mr. advised the 'ssion that the staff report referen a for Class II bike racks in a en , secured area which specified in the ordinanc however, this enclosed, area has not been nor addressed on any other before the C, ion to date. Mr. Ray stated that 's recommE would be for a standard Class II rack Ray also indicated an error on Page 2 of the )ort, which requested seven bike racks; however, st~ was amended to five bike racks. CHAIRMAN CHINIAEFF hearing at 7:20 P.M. RUSSELL RUMANS~ Herron and tnsoff, 530 St. Johns Place, g the a cant, concurred with the modif to the bike rack Mr. Rumanso clarified his understanding Condition No. 26 with , and stated relative to Col~di~on No. 40, the ca fees, the developer ex~essed an to waiving his right to protest a~increase. COMMISSIONER HOAGLAND suggested that staff may ~nt to delete Condition No. 52 which was redundant to Coh~ition No. 52. ~ PCMIN3/04/91 -6- MARCH 7, 1991~.~ STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION March 4, 1991 Case No.: Parcel Map No. 22629 Prepared By: Steve Jiannino Recommendation: Approve Second Extension of Time for Parcel Map No. 22629 APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS: BACKGROUND: STAFFRPT\PM22629 Centennial Engineering Centennial Engineering For a Second Extension of Time for Parcel Map No. 22629, a 4 lot subdivision on 4.83 acres. West side of Green Tree Lane, 300 feet north of Pauba Road. R-R, Rural Residential North: R-R, Rural Residential South: R-R, Rural Residential East: R-R, Rural Residential West: R-R, Rural Residential Not requested Vacant North: Vacant South: Vacant East: Single Family Residential West: Private School Lot area: 4.8 acres Number of Lots: 4 Min. lot size: 1.1 acres Max. lot size: 1.3 Parcel Map No. 22629 was originally approved by the County Planning Director September 4, 1987 with the approval being received and filed by the Board of Supervisors, October 13, 1989. The County approved the First Extension of Time for Parcel Map ANALYSIS: GENERAL PLAN AND SWAP CONSISTENCY: FINDINGS: No. 22629 on September 12, 1989, which extended the Parcel Map approval to October 13, 1990. The current request is for a Second Extension of Time which will extend the map approval to October 13, 1991. Parcel Map No. 22629 is a four lot residential subdivision of 4.8 acres. The smallest lot is 1.1 acres. The site is located east of Linfield School and north of Pauba Road. The project has been reviewed by the Development Review Committee IDRC) at a Pre-DRC and Formal DRC meeting. Staff has added Conditions of Approval to this project to be consistent with current City Standards. The project density of .83 DU/AC is consistent with the Southwest Area Community Plan (SWAP). The project is also consistent with the R-R (Rural Residential) zoning for the site. Therefore, Staff finds it probable that this project will be consistent with the new General Plan when it is adopted· There is a reasonable probability that this project will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State Law, due to the fact that the project is consistent with the existing SWAP designations and current zoning on the site. There is not a likely probability of substantial detriment to or interference with the future and adopted General Plan, if the proposed use or action is ultimately inconsistent with the plan, due to the fact that the project is in conformance with existing and anticipated land use and development within the area. e The proposed use or action complies with state planning and zoning laws, due to the fact that the proposed use conforms with those uses listed as "allowed" within the project site's existing R-R I Rural Residential) zoning for the site. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and density, due to the STAFFRPT\PM22629 2 10. fact that; adequate area is provided for all proposed residential structures. The project as designed and conditioned will not adversely affect the public health or welfare, due to the fact that the conditions stated in the approval are based on mitigation measures necessary to reduce or eliminate potential adverse impacts of the project. Parcel Map No. 22629 is compatible with surrounding land uses. The harmony in scale, bulk, height, density and coverage creates a compatible physical relationship with adjoining properties, due to the fact that the proposal is similar in compatibility with surrounding land uses. The proposal will not have an adverse effect on surrounding property because it does not represent a significant change to the present or planned land use of the area,due to the fact that the proposed project is consistent with the current zoning of the subject site R-R, ( Rural Residential), and also consistent mwith the adopted Southwest Area Community Plan (SWAP) designation of 1 acre minimum. The project as designed and conditioned will not adversely affect the built or natural environment. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed projects, due to the fact that this is clearly represented in the site plan and the project analysis. That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applicants and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. STAFFRPT\PM22629 3 STAFF RECOMMENDAT ION: Planning Department Staff recommends that the Planning Commission: APPROVE the Second Extension of Time for Parcel Map No. 22629 subject to the attached Conditions of Approval, based on the findings contained in the Staff Report. SJ: mb Attachments: Conditions of Approval Exhibits STAFFRPT\PM22629 4 CITY OF TEMECULA CONDITIONS OF APPROVAL Parcel Map No: 22629 Project Description: Four ~4) lot Residential Subdivision of 4.8 acres. Assessor's Parcel No.: 946-070-010 Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule G, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire four years after the original approval date, unless extended as provided by Ordinance 460. The expiration date is October 13, 1991. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to recordation of the final map, the developer or his assignee must conform to the park district Quimby Ordinance, unless waived to time of issuance of a building permit. o All utilities, except electrical lines rated 33kv or greater, shall be installed underground. The project must comply with all the Conditions of Approval adopted by the Planning Director and the Board of Supervisors for the original Parcel Map No. 22629. STAFFRPT\PM22629A 8 Enqineerinq Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses. and their omission may require the project to be resubmitted for further consideration, o The Developer shall comply with the State of California Subdivision Map Act. and all applicable City Ordinances and Resolutions. The final map shall be prepared by a licensed land surveyor or registered Civil Engineer. subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. 460. PRIOR TO RECORDATION OF THE FINAL MAP: 9. The developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; and CATV Franchise, 10, The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards, Street improvements, including, but not limited to, aggregate base and graded road section, A.C. paving and curb and gutter. 11. Condition No. 8 of County Road Letter, dated September 4, 1987, shall be superseded by the following: ae Fuhrman Court (Via Telesio) shall be improved with 18 feet of half street improvements plus one 12' lane within a 60'foot dedicated right- of-way in accordance with County Standard No. 105. Section A (60'/36'), Sidewalks shall be deleted. Green Tree Road shall be improved with 20' of half street improvements plus one 12' lane within a 60' dedicated right-of-way in accordance with County Standard No, 104. Section A (60'/40'), Sidewalks shall be deleted, 12, Improvement plans shall be based upon a centerline profile extending a STAFFRPT\PM22629A 9 minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineer. 13. The subdivider shall submit four copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. PRIOR TO ISSUANCE OF GRADING PERMITS: A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property. no new charge needs to be paid. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 15. Construct street improvements including but not limited to, aggregate base and graded road section. 16. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project. including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said A9reement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Transportation Enqineerinq PRIOR TO RECORDATION OF THE FINAL MAP: 17. A signing plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Via Telesio and shall be included on the street improvement plans. 18. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 19. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the City Engineer. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: STAFFRPT\PM22629A 10 20. 21. All signing shall be installed per the approved signing plan. All Conditions of Approval stated in the County Road Department letter dated September 4, 1987 shall still apply to this project. STAFFRPT\PM22629A 11 CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT QUIMBY ORDINANCE - The amount of land to be dedicated, or fees paid, shall be based on the residential density of the subdivisio The residential density shall be determined by multiplying the number of dwelling units by the number m persons per unit by the ratio of the number of acres of park land required for each 1,_.0130 persons (i.e., .005). Credits given for proposed parks will be under the discretion of the Temecula Community Services District (TCSD) Director. Whenever the actual amount of land to be dedicated is less than the amount of land required to be dedicated, the subdivider shall pay fees for the fair market value of any additional land that otherwise would have been required to be dedicated plus 20 % for offsite improvements. For subdivisions containing 50 parcels or less only the payment of fees may be required; provided however, that when condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, the dedication of land may be required even though the number of parcels may be less than 50. Subd[~'sions containing less than ~ (51 parcels wEI be subject ~o the foEowing cond'r~ons: Upon the request of a bu/l~m§ permit for constructfort of residential st~ctures on one or more of the parcsis within fo~ years following approval of a tentatfve map. parcel map. or planned development, real estate developmen~ stock cooperative. commurdty apariment project and condOurn for which a tentaide map or parcel map is filed. a predeterrm~ed Quimby Act fee in the amount equal to the fak market value of req~red acreage (Plus 20% for offsite Enprovements) shall be paid by the owner of each such parcefts) as a cond'~Jon to the issuance of such permit as authorized by R/verside County Ord'mance No. 460 as amended through Ordinance No. 460.93. The following chart has been prepared to assist staff in calculating requirements of the existing Quimby Ordinance: Dwellings Type Acres Required* l(ea) Single Family (Detached Garage) .01490 l(ea) Single Family (Attached Garage) .01295 l(ea) Mobile home .01360 2(ea) Dwellings Units Per Structure .01320 3 or 4(ea) Dwelling Units Per Structure .01240 5 or More Dwelling Units Per Structure .01170 Plus 20% for offsite improvements. The purpose of this document is for internal staff use only. Gary L. King, Park Development Coordinator (TCSD) ORCQUIMB.O 11491 C2U 0 PLANNING DIRECTOR'S APPROVAL DATE: 9-4°87 RIVERSIDE COUNTY PLANNING DEPARTF]ENT CONDITIONS OF APPROVAL TENTATIVE PARCEL HAP NO. 22629 1. The subdivider shall defend, Indemnify, and hold harmless the County of Riverside, its agents, officers, and employees from any claim, actton, or proceeding against the County of Riverside or 1rs agents, officers, or employees to attack, set astde, votd, or annul an approval of the County of Riverside, 1rs advtsory agencies, appeal boards or legislative body concerning PM 22629 ,whtch actton ts brought wtthin the time period provided for tn California Government Code Section 66499.37. The County of Riverside ~]] promptly nottry the subdivider of any such claim, actton, or proceeding agatnst the County of Riverside and will cooperate fully in the defense. If the County fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, theroafter, be responsible to defend, indemnify, or hold harmless the County of Riverside. 2. The tentative ~))arcel map shall confom to the requirer~ents of Ordinance 460, Schedule G unless modified by the conditions listed below. This approved tenta-EiTe parcel map will expire two years after the approval date of 10-13-87 unless extended as provided by Ordinance 460. The final map shall be prepared by, registered civil engineer or licensed land surveyor subject to all the requirements of the State of Califomia Subdivision Map Act, Riverside County Subdivision Ordinance 460. All road easements shall be offered for dedication to the public and shall continue A~ fqrce unttl the governing body accepts or abandons such offers. dedications shall be free from all encumbrances as approved by the County Road Co~nissloner. Street names shall be subject to approval of the Road Commissioner. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final ~ap if within the land division boundary. All offers of dedication shall provide for nonexclusive public road and utility access. All easenmnts, offers of dedication and conveyances shall be submitted and recorded as directed by the Riverside County Surveyor. Legal access as required by Ordinance 460 shall be provided from the parcel ~ap boundary to a County maintained road. All delinquent property taxes shall be paid prior to recordation of the final map. TENTATIVE PARCEL MAP NO. 22629 Conditions of Approval Page 2 Prior to any grading, a Grading Plan in compliance with the Uniform Building Code, Chapter 70, as amended by Ordinance 457, shall be submitted to the County Department of Building and Safety. The subdivider shall comply with the street improvement recommendations outlined in the County Road Department's letter dated 7-29-87, a copy of which is attached. 10. The subdivider shall comply with the. environmental health recommendations outlined in the County Health Department's transmittal dated 6-26-87, a copy of which is attached. 11. The subdivider shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated 7-28-87, a copy of which is attached. If the land division lies within an adopted flood control drainage area pursuant to Section 10.25 of Riverside County Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the Road Commissioner prior to recordation of the final map or waiver. of parcel map. 12. The subdivider shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated 7-28-87, a copy of which is attached. GRADING 13. Grading plans shall conform to the Hillside Development Standards as presented in the Comprehensive General Plan. All cut and/or fill slopes, or individual combinations thereof, which exceed ten feet in vertical height shall be modified by an appropriate combination of a special terracing (benching) plan, increased slope ratio (e.g. 3:1), retaining walls, and/or slope planting combined with irrigation. All driveways shall not exceed a 15% grade. 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. The paleontologist shall inform the Planning Department in writing of the outcome of grading operations with regard to impacts and/or mitigations required. TENTATIVE PARCEL MAP NO. 22629 Conditions of Approval Page 3 AGENCIES 15. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory recommendations dated 6-30-87, a copy of which is attached. DEVELOPMENT STANDARDS 16. No building permits shall be issued by the County of Riverside for any residential lot/unit within the project boundary until the developer, or the developer's successors-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) pec lot/unit shall be deposited with the Riverside County Department of Building and Safety as mitigation for public library development. 17. All lots created by this land division shall have a minimum area of 1.13 acres gross. 18. When lots are crossed by major public utility easements, each lot shall have a net usable area of not less than 3600 square feet, exclusive of the utility easement. 19. All lot length to width ratios shall be in conformance with Section 3.8C of Ordinance 460. 20. Corner lots shall be provided with additional area pursuant to Section 3.8B of Ordinance 460. 21. Lots created by this subdivision shall be in conformance with the development standards of the R-R zone. ENVRIONMENTAL CONSTRAINT SHEET CONDITIONS 22. An Environmental Constraints Sheet (ECS) shall be prepared with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the County Surveyor. Prior to the recordation of the final map, a copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. TENTATIVE PARCEL MAP NO. 22629 Conditions of Approval Page 4 23. 24. 25. The following note shall be placed on the final map: "Constraints affecting this property are shown on the accompanying Environmental Constraints Sheet, the original of which is on file at the office of the Riverside County Surveyor. These constraints affect all parcels." The following note shall be placed on the Environmental Constraints Sheet: "This property is located within thirty (30) miles of Mount Palomar Observatory. Light and glare may adversely impact operations at the Observatory. Outdoor lighting shall be from low pressure sodium lamps that are oriented and shielded to prevent direct illumination above the horizontal plane passing through the luminare." A note shall be placed on the ECS indicating the availability of domestic water services to'the subject property as of the date of recordation of the final map. LD:me 7-31-87 LeRoy D. Smoot · o~ com~.ss~e. & COUN~ SU.VEVO~ OFFICE OF ROAD COMMISSIONER 6 COUNTY SURVEYOR September 4, 1987 Riverside County Planning Commission 4080 Lemon Street Riverside, CA 92501 Ladies and Centlemen: Re: Parcel Map 22629 Schedule H - Team 1 Amended at Director Hearing g-4-87 With respect to the conditions of approval for the referenced tentative land division map, the Road Department recommends that the landdivider provide the following street improvement plans and/or road dedications in accordance with Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 46~). It is understood that the tentative map correctly shows acceptable centerline profiles, all existing easements, traveled ways, and drainage courses with appropriate Q's, and that their omission or unacceptability may require the map to be resubmitted for further consideration. These Ordinances and the followin~ conditions are essential parts and a requirement occurring in ONE is as binaing as though occurring in all. They are intended to ~e complementary. arid to describe the conditions for a complete design of the improvement. All questions rega~dipg ~he true meaning of the conditions shall be referred to .the Road Commissioner's Office. The landdivider shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e., concentra- tion of diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities or by securing a drainage easement or by both. All drainage easements shall be shown on the final map and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by land fills are allowed". The protection shall be as approved by the Road Department. The landdivider shall accept and properly dispose of all offsite drainage flowing onto or through the site. In the event the Road Commissioner permits the use of streets for drainage purposes, ~he provisions of Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage facilities as approved by the Road Depart~nent. Parcel Map 22629 du~y-29s-&987 September 4, 1987 ~"qe 2 ' ,nded at Director Hearing 9-4-87 The required improvements are reflected in the following conditisns shall be completed or a Performance Security in lieu thereof shall be posted in accordance with Riverside County Ordinance 460, Article XV, prior to recordation of the final map. The improvements are required based on the following findings: a) The improvements are a necessary prerequisite to the orderly development of the surrounding area. b) The improvements are necessary for the public health and safety. 4. Corner cutbacks in conformance with County Standard No. 805 shall be shown on the final map. Prior to the recordation of the final map, or the granting of a waiver of the final map, the developer shall deposit with the Riverside County Road Department, a cash sum of $150.00 per lot as mitigation for traffic signal impacts. '7. The minimum centerline radii shall be as approved by the Road Department. All centerline intersections shall be at 90° or as approve~ by the Road Department. e Fuhr~an Court (Via Telesio) shall be improved with 24 feet of acceptable Aggregate Base (0.33' thick) on a 32 foot graded section within a 60 foot full width dedicated right of way as approved by the Road Commissioner. 10. 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 maint- enance by County. 11. An access road to the nearest road maintained for public use shall be constructed with a 24' graded section within a minimum 40' part width right of way in accordance with an approved centerline profile as approved by the Road Commissioner. Parcel ,~p 22629 ~u~y-~9~-~98~- September 4, 1987 Page 3 , ~n~e~ at Director Hearing 9-4-87 GH:lh Very truly yours, Gus Hughes Road Division Engineer *g. Green Tree Road shall be 30' half width right of way only within a 60 foot .full width dedicated :ight of way as approved by the Road Con~nissioner. *Amended at Director Hearing 9-4-87 KENNETH i.. EDWARDS 1eBB MARKL~"I' I~TRIIr~'T P.O. BOX 1033 T~.I-IrPHONE (714) 787-2015 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT July 28, 1987 Riverside County Planning Department County Administrative Center Riverside, California Attention: Regional Team No. 1 Laurie Dobson Ladies and Gentlemen: Re: Parcel Map 22629 Parcel Map 22629 is a proposal to divide 4.8 acres into 4 lots in the Temecula Valley area, on the west side of Green Tree Lane about 300 feet north of Pauba Road. Runoff in a natural watercourse that drains an area of about 30 acres traverses Parcel 2. Following are the District's recommendations: This parcel map is located within the limits of the Mur- rieta Creek/Temecula Valley Area Drainage Plan for which drainage fees have been adopted by the Board. Drainage fees shall be paid as set forth under the provisions of the "Rules and Regulations for Administration of Area Drainage Plans", amended July 3, 1984: Drainage fees shall be paid to the Road Commissioner as part of the filing for record of the subdivision final map or parcel map, or if the recording of a final parcel map is waived, drainage fees shall be paid as a condition of the waiver prior to recording a certificate of compliance evidencing the waiver of the parcel map; or be At the option of the land divider, upon filing a re- quired affidavit requesting deferment of the payment of fees, the drainage fees shall be paid to the Building Director at the time of issuance of a grad- ing permit or building permit for each approved par- cel, whichever may be first obtained after the recording of the subdivision final map or parcel map; however, Riverside County Planning Department Re: Parcel Map 22629 - 2 - July 28, 1987 Drainage fees shall be paid to the Road Commissioner as a part of the filing for record of the subdivision final map or parcel map, or before receiving a waiver to record a land division, for each lot within the land division where construction activity as evi- denced by one of the following actions has occurred since May 26, 1981: (a) A grading permit or building permit has been obtained. (b) Grading or structures have been initiated. The natural watercourse that traverses Parcel 2 should be delineated and labeled on the environmental constraint sheet. A note should be placed on the environmental con- straint sheet stating that the watercourses must be kept free of all buildings and obstructions. A copy of the environmental constraint sheet and the final map should be submitted to the District for review and approval prior to recordation of the final map. Questions concerning this matter may be referred to Stuart McKibbin of this office at 714/787-2333. Very truly yours, KENNETH L. EDWARDS Chief Engineer JOHN H. KASHUBA Senior Civil Engineer cc: Centennial Engineering SEM:bjp RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY RAY HEBRARD FIRE CHIEF 7-28-87 PLANNING DEPARTMENT ATTN: TEAM I RE: PM 22629 Planning & EngineerinK Office 4080 Lemon Street, Suite 11 Riverside, CA 92501 (714) 787-6606 With respect to the conditions of approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: FIRE PROTECTION Schedule "H" fire protection. An approved standard fire hydrant (6"x4"x2½"), shall be located so that no portion of the frontage of any lot is more than 500 feet from a fire hydrant. Minimum fire flow shall be 500 GPM for 2 hours duration at 20 PSI. The applicant/developer shall provide written certification from the appropriate water company that the required fire hydrants are either existing or that financial arrangements have been made to provide them. MITIGATION FEES Prior to the. recordation of the final map, the developer shall deposit, with the Riverside County Fire Department, a cash.sum of $400.00 per lot/unit as mitigation for fire protection impacts. All questions regarding the meaning of the conditions shall be referred to the Fire Department Planning and Engineering staff. MICHAEL E. GRAY, Planning Officer DATE: June 23, 1987 TO: Assessor Building and Safety Surveyor Dave Duda Road Department Health Fire Protection Flood Control District Fish & Game LAFCO Doug Vierra ::IiVE::I iDE counc.u PLAnnin DEP, ::ICI IEnC RECEIVED JUN 3 0 1987 PALOMAR OBSER¥.'tTORY Calif. Native Plant Soc. Rancho Calif.. Water Southern Calif. Edison Southern Calif. Gas General Telephone' Temecula Chamber of Commerce Regional Water Quality Control Bd #9 Temecula Union School Dist. Mt. Palomar Valleywide Parks & Rec. County Library Commissioner Bresson PARCEL MAP 22629 - (Tm-1) - E.A. 31726 Centennial Engineering, Inc. - Rancho California District - First Supervisori District - West of Freen Lane, North of Pauba Road - R-R Zone - Schedule G - Nc Waiver - 4.83 acres into 4 lots - MOd 1 - A.P. 923-430-002 Please review the case described above, along with the attached case map. A Land Division Committee meeting has been tentatively scheduled for July 30, 1987. If it cleat it will then go to public hearing. Your comments and recommendations are requested prior to July 16, 1987 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 Laurie Dobson at 787-1363 Planner COMMENTS: PLEASE SEE ATTACHED DATE: 6/30/87 SIGNATURE PLEASE print name and title R 'e /~' ' Dr. oD rt~J. Brucato/Assistant Director/Palomar 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 46-209 OASIS STREET, ROOM ,304 INDIO, CALIFORNIA 92201 (619) 342-8277 CALIFORNIA INSTITUTE OF TECHNOLOGY OFFICE OF THE DIRECTOR PALOMAR OBSERVATORY This case is within 30 miles of the Palomar Observatory and is therefore within the zone requiring the use of low-pressure sodium vapor lamvs for street lighting, as stipulated by the Riverside County Board of Supervisors. We request that the design for other types of outdoor lighting that may be employed on this groperty be made consistent with the spirit of the decision of the Board of Supervisors which is intended to mitigate the adverse effects such facilities have on £he astronomical research at Palomar. Beneficial steps to that end include: 1. Use the minimum amount of light needed for the task. 2. Orient and shield light to prevent direct upward illumination. Be Turn off lights at 11:00 p.m. (or earlier) unless, in commercial applications, the associated business is open past that time, in which case the lights should be turned off at closing. e Use low-pressure sodium lamps for roadways, walkways, equipment yards, parking lots, security and other similar applications. These lights need not be turned off at 11:00 p.m. For further information, call (818) 356-4035. Robert J. Brucato Assistant Director PASADENA. CALIFORNIA 91125 TELEPHONE (8,18) 356-40.:13 TELEX 6?$425 CALTECH PSD DATE: June 23, 1987 TO: Assessor Building and Safety Surveyor Dave Duda Road Department Health Fire Protection Flood Control District Fish & Game LAFCO Doug Vierra :IiVE::I iDE counc.u i)LAnnin( DEPARClTIEnC JUN 2,9 1987 Calif. Native Plant Soc. Rancho Calif.. Water Southern Calif. Edison Southern Calif. Gas General Telephone Temecula Chamber of Commerce Regional Water Quality Control Bd #9 Temecula Union 'School Dist. Mt. Palomar Valleywide Parks & Rec. County Library Commissioner Bresson RIVERSIDE PUBLIC LIBRARY PARCEL MAP 22629 - (Tm-1) - E.A. 31726 - Centennial Engineering, Inc. - Rancho California District - First Supervisoria District - West of Freen Lane, North of Pauba Road - R-R Zone - Schedule G - No Waiver - 4.83 acres into 4 lots - MOd 11 - A.P. 923-430-002 Please review the case described above, along with the attached case map. A Land Division Committee meeting has been tentatively scheduled for July 30, 1987. If it clears it will then go to public hearing. Your comments and recommendations are requested prior to July 16, 1987 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 Laurie Dobson at 787-1363 Planner COMMENTS: PLEASE print name and title ., ,'. . 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 46-209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 (61 9) 342'8277 COUN'£Y OF I~,iVERSIOE DEPAI~IH~IqI' Ur J,,;,,,~,,. ENVIRONMI".ItTAL IIEALTll SERVICES DiV1S1OH LAND USE SECTION 3575 Eleventi~ Street 14all Riverside, CA 92501 source: SCH UL ~+. FARENT P.H. (~f Any) WAIVER REqUES't'/ ~b AREA/D I SIR I C'£ ORb. 46O Tile DEPARTI'tENT OF !!EA!..TIi IIAS REVIEWED TIlE HAP DESCRIBED ABOVE. IF THERE ARE ANY QUESTIONS CONCERHiNG Tills 'I'RANSHITTAL, COIt'I'AC'£ 781-654 OUR RECOI414ENDA'I'IONS ARE AS FOLLOWS: The Environmental Health Services Division (EHSD) has r~t~ th~ abo~ ~ M,~ and whl~e we are not privileged to receive any preliminary information relafiv~ to subsurface sewage disposal or connection to sewers or domestic water ~upply, It I~ oar considered opinion that the soils that might be encountered in this area may not be conducive to effective subsurface sewage disposal. Some diffioulty may be en- couPered in effluent dispoa.~ f~m indivi¢.u.:~l sc,^'~ge di.~posal systems and because of soil characteristics in the ;::~ a lh~m ;~'.:~7 bca r~qu~mment for extensive grading, compaction, cuttlng, etc: Prior '~.~ [ecor,~t!:~ of the final map, an acceptat~le ,o11~ feasibility report shall be submitted for review and approval by the EHSD. This parcel map Indicates that ;R~ncho C~I;~c. ~tll serve the iet.~. This ~:partment has not received offic~t certd~i:~'cion f~om t;mt water compe,y tndicatt~t~ thai! t~lffi~r~ess and ~le.~ir~ ~o ~Jo so. Therefore, no for a water dlstrtl~tlm~ $.y~.m or connection t~ FOR I~UI'Y DlPJ~CIOR OF HEALIll FOR EHViRCXq~FAIrAL HEAL%I{ CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: Second Extension of Time. Parcel Map No. 22629 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation IQuimby) Public Facility ( Traffic Mitigation ) Public Facility ( Traffic Signal Mitigation) Public Facility (Library) Fire Protection Flood Control (ADP) Condition of Approval Condition No. 3 Condition No. 4 Condition No. 15 Condition No. 5 ( County Roads) Original Conditions of Approval No. 16 Letter Dated 7-28-87 Letter Dated 7-28-87 STAFFRPT\PM22629A 12 PLANNING COMMISSION EXHIBIT /~.,'/4 2292c} ~PPRm/~L LOCATI ON c^s~ ~,~ .~ :,~' ITEM NO. 14 APPROVAL TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department April 23, 1991 Proposal to Extend the interim Zoning Ordinance No. 90-08 Pertaining to Regulations for Outdoor Advertising Displays until April 24, 1992. PREPARED BY: R ECOMMEN DAT ION: Oliver Mujica The Planning Department Staff recommends that the City Council: ADOPT Ordinance No. 91- , entitled "An urgency ordinance of the City Council of the City of Temecula, California, extending interim zoning Ordinance No. 90-08 pertaining to regulations for outdoor advertising displays pursuant to the provisions of California Government Code Section 65858(b) and making findings in support thereof". BACKGROUND: On April 24, 1990, the City Council adopted Ordinance No. 90-08, declaring a forty-five ~45) day ,moratorium pertaining to regulations for outdoor advertising displays. The moratorium was based upon the following findings: The City Council is concerned about the maintenance of the visual aesthetic quality of the City of Temecula, and with the creation of an orderly and balanced development scheme within the City of Temecula. Accordingly, to protect the integrity of the ultimate General Plan and to assure the continued development stability of property within the City of Temecula, this Council finds that it is necessary to establish interim zoning policies concerning such signage to allow Staff the time A: OUTDOOR. ADV 1 necessary to investigate and formulate the ultimate plan of development for the City of Temecula as encompassed within the terms and provisions of the Ceneral Plan. e The City of Temecula is presently developing a General Plan for development of the City of Temecula. The ultimate goal is to provide a balanced and unified plan of development within the City of Temecula. A material portion of the General Plan study will be the formulation and establishment of regulations for signage, including primary signs, in the City of Temecula. There is the potential for certain applications for the establishment of Outdoor Advertising Displays, the approval of which would contradict the ultimate goals and objectives of the General Plan. Moreover, pending completion of the General Plan it is foreseeable that further such applications will be received which may further contradict such goals and objectives of the General Plan. Pending approval of the General Plan, and associated Land Use Code Regulations concerning signage, the approval of any further sign location plans, plot plans, or other discretionary entitlement for Outdoor Advertising displays, would result in immediate threat to the public health, safety or welfare of persons and properties the City of Temecula. The Council also adopted the following interim zoning regulations: Pending the completion and adoption of the General Plan of the City of Temecula together with associated signage regulation for the Land Use Code for the City of Temecula, the establishment of Outdoor Advertising Displays is hereby prohibited and no application for sign location plan, plot plan or other applicable discretionary entitlement for a Outdoor Advertising Display shall be accepted, acted upon or approved. The provisions of subparagraph 31a), shall not apply to any application for: {i) Onsite Advertising Structures and Signs IOrdinance 3~8. Section 19.5) A:OUTDOOR.ADV 2 (ii) Subdivision Signs (Ordinance 348, Section 19.6) Other than as expressly provided in this Ordinance, all other applications for signage shall be processed and acted upon pursuant to the normal and customary provisions of the Land Use Ordinance of the City of Temecula. On June 5, 1990, the City Council adopted Ordinance No. 90-09, declaring a ten 110) month and fifteen (15) day extension of Ordinance No. 90-08, which was due to expire on April 24, 1991. REQUEST: Staff requests that the interim regulations for outdoor advertising displays established under Ordinance No. 90- 08 be extended for a period of one ~1) year to April 24, 1992 so as to permit opportunity to recommend new zoning regulations. The interim zoning ordinance could be removed with a new zoning ordinance once the issues are resolved satisfactorily. ANALYSIS: The authority for the interim ordinance as urgency measure 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, after notice pursuant to Section 65090 and public hearing, the City Council may extend the moratorium for ten (10) months and fifteen (15) days and subsequently extend the interim ordinance for one (1) year. Any extension shall require a four-fifths vote for adoption; and not more than two 12) extensions may be adopted. 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. On April 24, 1990, the City Council reviewed the Staff Report, pursuant to Section 65858, prior to adopting Ordinance No. 90-08. In summary, the report indicated the following: A: OUTDOOR. ADV 3 The City Council has expressed a concern about the potential proliferation of bill-board advertising structures throughout the community. Although the Council chose to not officially adopt the Southwest Area Community Plan (SWAP), the plan does designate both Interstate 15 and State Highway 79 as Scenic Highways. SWAP also contains policies to ensure that onsite advertising (pole signs) be kept to the minimum necessary for identification and should blend with the environment. SWAP does not specifically address billboards. A review of Ordinance 348 (Zoning) reveals that billboards are principally permitted in the following zones: C- 1/CP; M-SC; M-M,M-IT. As allowed by the Zoning Code, an applicant would only be required to submit a plot plan to construct a billboard in the aforementioned zones. The permitted zones are mapped on the following figure. As can be seen from the figure, billboards are principally in a majority core of Temecula and along Interstate 15. Until the City has an opportunity to articulate its future goals, through the creation of the City's first Zoning Code to implement those goals, it would be in the City's best interest to place a moratorium on billboards throughout the City. STAFF RECOMMENDATION: The Planning Department Staff recommends that the City Council: ADOPT Ordinance No. 91- entitled "An urgency ordinance of the City Cour~cil of the City of Temecula, California, extending Interim Zoning Ordinance No. 90-08 pertaining to regulations for Outdoor Advertising Displays pursuant to the provisions of California Government Code Section 65858{b) and making findings in support thereof". OM:mb Attachments: 1. Ordinance No. 91- Extending the Interim Ordinance 3. Ordinance No. 90-08 4. Ordinance No. 90-09 5. Public Notice 6. Government Code Sections 65858, 65090 A:OUTDOOR.ADV 4 Notice of Public Hearing THE CITY OF TEMECULA 43172 Business Park Drive Temecula, CA 92390 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. EXTENSION OF INTERIM ZONING ORDINANCE NO. 90- 09 PERTAINING TO REGULATIONS FOR OUTDOOR ADVERTISING DISPLAYS PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65858Co). CITY ORDINANCE NO. 90-09 EXPIRES ON APRIL 24, 1991. STAFF RECOMMENDS THAT IT BE EXTENDED THROUGH APRIL 24, 1992. Any person may submit written comments to the City Council before the hearing(s) or may appear and be heard in support of or opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice, or in written correspondences delivered to the City Clerk at, or prior to, the public hearing(s). The proposed project application(s) may be viewed at the public information counter, Temecula Planning Department, 43180 Business Park Drive, Monday through Friday from 9:00 AM until 4:00 PM. Questions concerning the project(s) may be addressed to Oliver Mujica, City of Temecula Planning Department, (714)694-6400. PLACE OF HEARING DATE OF HEARING TIME OF HEARING Temporary Temecula Community Center 27475 Commerce Center Drive Temecula Tuesday, April 23, 1991 7:00 PM ORDINANCE NO. 90- AN URGENCY ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, EXTENDING INTERIM ZONING ORDINANCE NO. 90- 08 PERTAINING TO REGULATIONS FOR OUTDOOR ADVERTISING DISPLAYS PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65858 Co) AND MAKING FINDINGS IN SUPPORT THEREOF WHEREAS, On December 1, 1989, the City of Temecula was established as a duly organized Municipal Corporation of the State of California. On said date, pursuant to the requirements of California Government Code Section 57376, the City Council of the City of Temecula adopted its Ordinance No. 89-01, thereby adopting, by reference, for 120 days the Riverside County Code, which contains the Land Use Regulations of the county of Riverside, and which Regulations are currently applicable to the establishment of all uses and development applications (including allowance of signage) within the City of Temecula. WHEREAS, Pursuant to Ordinance no. 90-04, the City readopted Ordinance No. 348 of the County of Riverside as the Land Use Regulations for the City of Temecula; WHEREAS, As part of its review of new and potential development within the city of Temecula, the City Council examined the Southwest Area Community Plan (SWAP) portion of Riverside County General Plan as it has pertained to development in the City of Temecula. Such examinations revealed that said SWAP may not provide an appropriate development scheme for the City of Temecula, and consequently, the City Council adopted SWAP as planning guidelines until the City could adopt its own General Plan. All action on development applications since incorporation, as to required consistency with the adopted General Plan, has taken place pursuant to the terms and provisions of California Government Code Section 65360. WHEREAS, In recognition of the need for effective long range planning criteria, the City Council commenced within the time limits prescribed for adoption of a General Plan, the study and formulation of a General Plan for the City of Temecula. A material part of said General Plan Study will be the review and development of effective criteria to regulate all forms of signage within the City of Temecula. WHEREAS, Ordinance no. 348 of the Riverside County Code (hereinafter referred to as the "Land Use Code") currently provides for the approval and establishment of "Outdoor Use Advertising Displays" within the City of Temecula. The Land Use Code defines an "Outdoor Advertising Display" as "The advertising structure and signs used for outdoor advertising purposes, not including on-site advertising as hereinafter defined", 5/ords23 -1- WHEREAS, In the near future there could be certain applications for such Outdoor Advertising Displays, the approval of which would not conform to the contemplated General Plan scheme of development in the City of Temecula and would contradict the specific purposes for the adoption of a unified General Plan. Moreover, pending completion of the General Plan, it is foreseeable that further outdoor advertising display proposals will be submitted for property within the City which would contradict the ultimate goals and policies of the proposed General Plan; WHEREAS, This Council is concerned about the maintenance of the visual aesthetic quality of the City of Temecula, and with the creation of an orderly and balanced development scheme within the City of Temecula. Accordingly, to protect the integrity of the ultimate General Plan and to assure the continued development stability of property within the City of Temecula, this Council finds that it is necessary to investigate and formulate the ultimate plan of development for the City of Temecula as encompassed within the terms and provisions of the General Plan; and WHEREAS, Pursuant to ordinance no. 90-08, the City Council of the City of Temecula enacted an interim zoning ordinance, which expired on June 8, 1990, pursuant to California Government Code Section 65858; WHEREAS, Pursuant to Ordinance No. 90-09, the City Council of the City of Temecula extended Interim Zoning Ordinance No. 90-08, which expires on April 24, 1991 pursuant to California Government Code Section 65858; WHEREAS, All legal prerequisites prior to the adoption of this Ordinance have occurred; NOW, THEREFORE, the City Council of the City of Temecula does Hereby ordain as follows: SECTION 1. The City Council hereby specifically finds that all of the facts set forth above are true and correct. SECTION 2. The City Council further finds as follows: (a) The City of Temecula is presently developing a General Plan for development of the City of Temecula. The ultimate goal of the General Plan is to provide a balanced and unified plan of development within the City of Temecula and will ultimately upgrade the economic, social, and cultural welfare of persons and properties within the City of Temecula. A material portion of the General Plan Study will be the formulation and establishment of regulations for signage, including primary signs, in the City of Temecula. (b) There is the potential for certain applications for the establishment of Outdoor Advertising Displays, the approval of which would contradict the ultimate goals and 51ord..Z3 -2- objectives of the General Plan. Moreover, pending completion of the General Plan it is foreseeable that further such applications will be received which may further contradict such goals and objectives of the General Plan; and, (c) Pending approval of the General Plan, and associated Land Use Code Regulations concerning signage, the approval of any further sign location plans, plot plans, or other discretionary entitlement for Outdoor Advertising Displays, would result in immediate that to the public health, safety or welfare of persons and properties within the City of Temecula. SECTION 3. The following interim zoning regulations are hereby adopted. (a) Pending the completion and adoption of the General Plan of the City of Temecula together with associated signage regulation for the l.and Use Code for the City of Temecula, the establishment of Outdoor Advertising Displays is hereby prohibited and no application for sign location plan, plot plan, or other applicable discretionary entitlement for a Outdoor Advertising Display shall be accepted, acted upon, or approved. application for: (b) The provisions of subparagraph 3 (a), shall not apply to any Section 19.5) (i) Onsite Advertising Structures and Signs (Ordinance 348, (ii) Subdivision signs (Ordinance 348, Section 19.6) (c) Other than expressly provided in this Ordinance, all other applications for signage shall be processed and acted upon pursuant to the normal and customary provisions of the Land Use Ordinance of the City of Temecula. SECTION 4. This Ordinance is enacted under the authority of the California Government Code Section 65858 (b) and shall be of no further force and effect one (1) year from the date of adoption of this Ordinance unless the City Council has extended this Ordinance in the manner as provided in said Section 65858 go). SECTION 5. This Ordinance is hereby declared to be an urgency measure pursuant to the terms of the California Government Code Sections 65858 and 36937 (b), and this Ordinance shall take effect immediately upon its adoption. SECTION 6. The City Clerk shall certify to the adoption of this Ordinance an shall cause the same to be posed in three (3) public places. 5/ords23 -3- PASSED, APPROVED AND ADOPTED this ~day of Ronald J. Parks, (Mayor) ATTEST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Ordinance 91-__ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of ~, 19__ and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the day of , 19__, by the following roll call vote: C OUNC ILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk 5/ords23 -4- ORDINANCE NO 90-08 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTING AN INTERIM ZONING ORDINANCE PERTAINING TO REGULATIONS FOR OUTDOOR ADVERTISING DISPLAYS PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65858Co) AND MAKING FINDINGS IN SUPPORT THEREOF WHEREAS, On December 1, 1989, the City of Temecula was established as a duly organized Municipal Corporation of the State of California. On said date, pursuant to the requirements of California Government Code Section 57376, the City Council of the City of Temecula adopted its Ordinance No. 89-01, thereby adopting, by reference, for 120 days the Riverside County Code as the Ordinances of the City of Temecula Ordinance No. 348 of the Riverside County Code, which contains the Land Use Regulations of the County of Riverside, and which Regulations are currently applicable to the establishment of all uses and development applications (including the allowance of signage) within the City of Temecula. WHEREAS, Pursuant to Ordinance No. 90-04, the City readopted Ordinance No. 348 of the County of Riverside as the Land Use Regulations for the City of Temecula; WHEREAS, As part of its review of new and potential development within the City of Temecula, the City Council examined the Southwest Area Community Plan (S.W.A.P.) portion of Riverside County General Plan as it has pertained to development in the City of Temecula. Such examination revealed that said S.W.A.P. may not provide an appropriate development scheme for the City of Temecula, and consequently, the City Council adopted the S.W.A.P. as planning guidelines until the City could adopt its own General Plan. All action on development applications since incorporation, as to required consistency with the adopted General Plan, has taken place pursuant to the terms and provisions of California Government Code Section 65360. WHEREAS, In recognition of the need for effective long range planning criteria, the City Council commenced within the time limits prescribed for adoption of General Plan, the study and formulation of a General Plan for the City .of Temecula. A material pan of said General Plan Study will be the review and development of effective criteria to regulate all forms of signage within the City of Temecula. WHEREAS, Ordinance 348 of the Riverside County Code (hereinafter referred to as the "Land Use Code") currently provides for the approval and establishment of "Outdoor Advertising Displays" within the City of Temecula. The Land Use Code defines an "Outdoor Advertising Display" as "The advertising structure and signs used for outdoor advertising purposes, not including on-site advertising signs as hereinafter defined", WHEREAS, In the near future there could be certain applications for such Outdoor Ordinance 90-08 I 05/31/90 Advertising Displays, the approval of which would not conform to the contemplated General Plan scheme of development in the City of Temecula and would contradict the specific purposes for the adoption of a unified General Plan. Moreover, pending completion of the General Plan, it is foreseeable that further outdoor advertising display proposals will be submitted for property within the City which would contradict the ultimate goals and policies of the proposed General Plan; WItEREAS, This Council is concerned about the maintenance of the visual aesthetic quality of the City of Temecula, and with the creation of an orderly and balanced development scheme within the City of Temecula. Accordingly, to protect the integrity of the ultimate General Plan and to assure the continued development stability of property within the City of Temecula, this Council finds that it is necessary to establish interim zoning policies concerning such signage to allow staff the time necessary to investigate and formulate the ultimate plan of development for the City of Temecula as encompassed within the terms and provisions of the General Plan; and WHEREAS, All legal prerequisites prior to the adoption of this Ordinance have occurred; NOW, THEREFORE, the City Council of the City of Temecula does hereby ordain as follows: SECTION 1. The City Council hereby specifically finds that all of the facts set forth above are true and correct. SECTION 2. The City Council further finds as follows: (a) The City of Temecula is presently developing a General Plan for development of the City of Temecula. The ultimate goal of the General Plan is to provide a balanced and unified plan of development within the City of Temecula and will ultimately upgrade the economic, social and cultural welfare of persons and properties within the City of Temecula. A material portion of the General Plan study will be the formulation and establishment of regulations for signage, including primary signs, in the City of Temecula. ~) There is the potential for certain applications for the establishment of Outdoor Advertising Displays, the approval of which would contradict the ultimate goals and objectives of the General Plan. Moreover, pending completion of the General Plan it is foreseeable that further such applications will be received which may further contradict such goals and objectives of the General Plan; and, Ordinance 90-08 2 05/31/90 Pending approval of the General Plan, and associated Land Use Code Regulations concerning signage, the approval of any further sign location plans, plot plans, or other discretionary entitlement for Outdoor Advertising Displays, would result in immediate threat to the public health, safety or welfare of persons and properties within the City of Temecula. SECTION 3. The following interim zoning regulations are hereby adopted. (a) Pending the completion and adoption of the General Plan of the City of Temecula together with associated signage regulation for the Land Use Code for the City of Temecula, the establishment of Outdoor Advertising Displays is hereby prohibited and no application for sign location plan, plot plan or other applicable discretionary entitlement for a Outdoor Advertising Display shall be accepted, acted upon, or approved. The provisions of subparagraph 3 (a), shall not apply to any application for: (i) Onsite Advertising Structures and Signs (Ordinance 348, Section 19.5) (ii) Subdivision Signs (Ordinance 348, Section 19.6) (c) Other than as expressly provided in this Ordinance, all other applications for signage shall be processed and acted upon pursuant to the normal and customary provisions of the Land Use Ordinance of the City of Temecula. SECTION 4. This Ordinance is enacted under the authority of California Government Code Section 65858Co) and shall be of no further force and effect forty- five (45) days from the date of adoption of this Ordinance unless the City Council has extended this Ordinance in the manner as provided in said Section 65858(b). SECTION This Ordinance is hereby declared to be an urgency measure pursuant to the terms of California Government Code Sections 65858 and 36937CO), and this Ordinance shall take effect immediately upon its adoption. Ordinance 90-08 3 05/31/90 SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places. APPROVED AND ADOPTED on this 24th day of April, 1990. /. -- ,/. '. , Ronald J. Parks, Mayor ATTEST: June S. Greek, Deputy City Clerk [SEAL] Ordinance 90-08 4 05131190 ORDINANCE NO 9009 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, EXTENDING INTERIM ZONING ORDINANCE NO 90-08 PERTAINING TO REGULATIONS FOR OUTDOOR ADVERTISING DISPLAYS PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65858Co) AND MAKING FINDINGS IN SUPPORT THEREOF WHEREAS, On December 1, 1989, the City of Temecula was established as a duly organized Municipal Corporation of the State of California. On said date, pursuant to the requirements of California Government Code Section 57376, the City Council of the City of Temecula adopted its Ordinance No. 89-01, thereby adopting, by reference, for 120 days the Riverside County Code as the Ordinances of the City of Temecula Ordinance No. 348 of the Riverside County Code, which contains the Land Use Regulations of the County of Riverside, and which Regulations are currently applicable to the establishment of all uses and development applications (including the allowance of signage) within the City of Temecula. WHEREAS, Pursuant to Ordinance No. 90-04, the City readopted Ordinance No. 348 of the County of Riverside as the Land Use Regulations for the City of Temecula; WHEREAS, As part of its review of new and potential development within the City of Temecula, the City Council examined the Southwest Area Community Plan (S.W.A.P.)portion of Riverside County General Plan as it has pertained to development in the City of Temecula. Such examination revealed that said S.W.A.P. may not provide an appropriate development scheme for the City of Temecula, and consequently, the City Council adopted the S.W.A.P. as planning guidelines until the City could adopt its own General Plan. All action on development applications since incorporation, as to required consistency with the adopted General Plan, has taken place pursuant to the terms and provisions of California Government Code Section 65360. WHEREAS, In recognition of the need for effective long range planning criteria, the City Council commenced within the time limits prescribed for adoption of General Plan, the study and formulation of a General Plan for the City of Temecula. A material part of said General Plan Study will be the review and development of effective criteria to regulate all forms of signage within the City of Temecula. WHEREAS, Ordinance 348 of the Riverside County Code (hereinafter referred to as the "Land Use Code") currently provides for the approval and establishment of "Outdoor Advertising Displays" within the City of Temecula. The Land Use Code defines an "Outdoor Advertising Display" as "The advertising structure and signs used for outdoor advertising purposes, not including on-site advertising signs as hereinafter defined", Ordinance 90-09 I 06106190 WHEREAS, In the near future there could be certain applications for such Outdoor Advertising Displays, the approval of which would not conform to the contemplated General Plan scheme of development in the City of Temecula and would contradict the specific purposes for the adoption of a unified General Plan. Moreover, pending completion of the General Plan, it is foreseeable that further outdoor advertising display proposals will be submitted for property within the City which would contradict the ultimate goals and policies of the proposed General Plan; WHEREAS, This Council is concerned about the maintenance of the visual aesthetic quality of the City of Temecula, and with the creation of an orderly and balanced development scheme within the City of Temecula. Accordingly, to protect the integrity of the ultimate General Plan and to assure the continued development stability of property within the City of Temecula, this Council finds that it is necessary to establish interim zoning policies concerning such signage to allow staff the time necessary to investigate and formulate the ultimate plan of development for the City of Temecula as encompassed within the terms and provisions of the General Plan; and WHEREAS, All legal prerequisites prior to the adoption of this Ordinance have occurred; NOW, THEREFORE, the City Council of the City of Temecula does hereby ordain as follows: SECTION 1. The City Council hereby specifically finds that all of the facts set forth above are true and correct. SECTION 2. The City Council further finds as follows: The City of Temecula is presently developing a General Plan for development of the City of Temecula. The ultimate goal of the General Plan is to provide a balanced and unified plan of development within the City of Temecula and will ultimately upgrade the economic, social and cultural welfare of persons and properties within the City .of Temecula. A material portion of the General Plan study will be the formulation and establishment of regulations for signage, including primary signs, in the City of Temecula. Co) There is the potential for certain applications for the establishment of Outdoor Advertising Displays, the approval of which would contradict the ultimate goals and objectives of the General Plan. Moreover, pending completion of the Genera] Plan it is foreseeable that further such applications will be received which may further Ordinance 90-09 2 06/06/90 conu'adict such goals and objectives of the General Plan; and, (c) Pending approval of the General Plan, and associated Land Use Code Regulations concerning signage, the approval of any further sign location plans, plot plans, or other discretionary entitlement for Outdoor Advertising Displays, would result in immediate threat to the public health, safety or welfare of persons and properties within the City of Temecula. SECTION 3. The following interim zoning regulations are hereby adopted. (a) Pending the completion and adoption of the General Plan of the City of Temecula together with associated signage regulation for the Land Use Code for the City of Temecula, the establishment of Outdoor Advertising Displays is hereby prohibited and no application for sign location plan, plot plan or other applicable discretionary entitlement for a Outdoor Advertising Display shall be accepted, acted upon, or approved. (~) The provisions of subparagraph 3 (a), shall not apply to any application for: (i) Onsite Advertising Structures and Signs (Ordinance 348, Section 19.5) (ii) Subdivision Signs (Ordinance 348, Section 19.6) (c) Other than as expressly provided in this Ordinance, all other applications for signage shall be processed and acted upon pursuant to the normal and customary provisions of the Land Use Ordinance of the City of Temecula. SECTION 4. This Ordinance is enacted under the authority of California Government Code Section 65858(b) and shall be of no further force and effect ten months and fifteen days from the date of adoption of this Ordinance unless the City Council has extended this Ordinance in the manner as provided in said Section 65858(b). SECTION This Ordinance is hereby declared to be an urgency measure pursuant to the terms of California Government Code Sections 65858 and 36937(b), and this Ordinance shall take effect immediately upon its adoption. Ordimnee 90-09 3 0~/06/~) SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places. APPROVED AND ADOPTED on this 5th day of June, 1990. Ronald J. Parks, Mayor ATTEST: Ju(~S. Greek, Deputy City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, Deputy City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Ordinance No. 90-09 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 5th day of June, 1990, by the following roll call vote. AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: NONE ABSENT: 0 COUNCILMEMBERS: NONE June S.~Greek, Deputy City Clerk Ordinance 90-09 4 06106190 Notice of Public Hearing THE CITY OF TEMECULA 43172 Business Park Drive Temecula, CA 92390 A PUBLIC HEARING has been scheduled before the CITY COUNCH., to consider the matter(s) described below. EXTENSION OF INTERIM ZONING ORDINANCE NO. 90- 09 PERTAINING TO REGULATIONS FOR OUTDOOR ADVERTISING DISPLAYS PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65858Co). CITY ORDINANCE NO. 90-09 EXPIRES ON APRII. 24, 1991. STAFF RECOMMENDS THAT IT BE EXTENDED THROUGH APRIL 24, 1992. Any person may submit written comments to the City Council before the hearing(s) or may appear and be heard in support of or opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice, or in written correspondences delivered to the City Clerk at, or prior to, the public hearing(s). The proposed project application(s) may be viewed at the public information counter, Temecula Planning Department, 43180 Business Park Drive, Monday through Friday from 9:00 AM until 4:00 PM. Questions concerning the project(s) may be addressed to Oliver Mujica, City of Temecula Planning Department, (714)694-6400. PLACE OF HEARING DATE OF HEARING TIME OF HEARING Temporary Temecula Community Center 27475 Commerce Center Drive Temecula Tuesday, April 23. 1991 7:00 PM CHAPTER 2.7 Public Hea~gs [Title 7, Planning and I. and Use--Division 1. Planning and Zoning~ C!mpter 2.7, Public Hem/nS; Chapter ~ided by Stats 1984 ch 1009 § 2.] § 65091. § 65092. § § 65094. § 6~. Notice by publication or posting Notice by mail or delivery Written requeat for notice Effect of failure to receive notice "Notice of a public heating"; Contents Collateral References: Cal Jut 3{1 Zoning and Other Land Controls §§ 103 et ~i. CAI Digest of ~ ReporU ~! ~ Ziming ~nd Planning §§ 14 et ~l. § 650~. Notice by imblic~tion or posting (a) When a provision of this title requires notice of a public hearing to be given pursuant to this section, notice shall be published pursuant to Section 6061 in at least one newspaper of general circulation w/thin the jurisdiction of the local agency which is conducting the proceeding at least l0 days' prior W the hearing, or there is no such newspaper of general drculafion, the notice shall be posted at least l0 days prior to the hearing in at least three public places w/thin the jurisdiction of the local agency. (b) 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 .~'tton: Former § 6~d~)O, f~iatlng to nuthority for edded by Stats 1953 ¢h 1355 § 2 and repealed by Stats 1965 ¢h 1880 § 8. Former Se~lon: Original § 65090, relating to area planning commi-~ion, was edded by Stats 1951 ch 334 § I and repealed by Stats 1953 ch 1355 § 1. 208 Crma Reft publicat' Qu~li.6c~ city: ~ E,~tablis Manner Cothter~l Cal Co' Am Iu Forms: Aln Jr For~ Law Re~ § 65..091 (a) Wh., tohe g~ f{ (1) No~ prior tc OWllet' ~. (2). prior t ~wage to ~e prior ~at ~ ro~, t ro~. de~v, prov p6o' noti pro ITEM NO. 15 ITEM NO. 16 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER " TO: FROM: DATE: SUBJECT: AGENDA REPORT City Council Mark J.-~hendusz-ko, Assistant City Manager April 23, 1991 EMERGENCY IMPLEMENTATION OF STREET REPAIR PROGRAM ISSUE: Should the City Council authorize staff to continue its effort to implement an emergency street repair program? RECOMMENDATION: It is recommended that the City Council: 1) Authorize staff to continue to employ a project employee entitled maintenance supervisor for the remainder of the fiscal year; 2) Authorize staff to continue to contract for street repair services with a private contractor on an emergency basis (as directed at the City Council meeting of April 9, 1991) through the remainder of the fiscal year or until the emergency condition is resolved, whichever occurs first; and 3) Direct staff to develop a street repair program for FY 1991-92 and to propose such a program during FY 1991-92 budget review sessions. DISCUSSION: At the City Council meeting of April 9, 1991, the City Council authorized staff to take emergency action to waive normal purchasing procedures, and to hire a project employee to coordinate an emergency street repair program. Staff has recruited a Maintenance Supervisor to work on a project basis, and contacted asphalt contractors (and obtained informal bids on a time and material basis) to provide this service. Patchwork on Temecula streets following this process should begin very soon. It is requested that Council authorize staff to continue implementing the program on an emergency basis through the remainder of this fixed year, if necessary. The program is being paid for by existing funds in the roads department (Gas Tax). A proposed program for FY 1991-92 will be submitted to the City Council during the budget review period. FISCAL IMPACT: Sufficient monies are budgeted in fund account 001-164-999-42-5408 & 5402 to operate the program for the remainder of the current fiscal year. ITEM NO. 17 · APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council \City Manager Chief Building Official April 23, 1991 An Ordinance of the City Council of the City of Temecula, California amending Chapter 6.14 and adding Chapter 6.16 to the Temecula Municipal Code to Provide for the Expedited Abatement of Hazardous Vegetation From Vacant Lots or Parcels RECOMMENDATION: To approve the first reading and set a Public Hearing date and time of Tuesday, May 14, 1991, 7 PM, to hear any objections to the adoption of this ordinance. DISCUSSION: The City contains a large number of vacant lots and vacant parcels where vegetation is generally left unmaintained. When mature, this vegetation can produce seeds which can attain such large growth as to become a fire menace when dry or which are otherwise noxious or dangerous. The adoption of this ordinance will provide the Fire Chief with a procedure which will expedite the abatement of this hazardous vegetation on vacant lots and parcels. Hazardous vegetation on improved lots or parcels, which are defined as those with a habitable building or structure on it, are regulated by the Code Enforcement Division through the Nuisance Abatement Process. ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA AMENDING CHAPTER 6.14 AND ADDING CHAPTER 6.16 TO THE TEMECULA MUNICIPAL CODE TO PROVIDE FOR EXPEDITED ABATEMENT OF HAZARDOUS VEGETATION FROM VACANT LOTS OR PARCELS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 6.14 002(h) of the Temecula Municipal Code is hereby amended to read as follows: "6.14.002...(h) Except as provided in Chapter 6.16, any overgrown, dead, decayed or hazardous vegetation which: (1) May harbor rats, vermin, or other disease carriers; (2) Is maintained so as to cause an obstruction to the vision of motorists, or a hazardous condition to pedestrians or vehicle traffic; (3) Constitutes an unsightly appearance; (4) Creates a danger or attractive nuisance to the public." SECTION 2. Section 6.14.002(m) of the Temecula Municipal Code is hereby amended to read as follows: "6.14.002...(m) Abandoned, broken or neglected equipment and machinery, pools, ponds, excavations, abandoned wells, shafts, basements, or other holes, abandoned refrigerators or other appliances, abandoned motor vehicles, any unsound structures, skateboard ramps, or accumulated lumber, trash, garbage, debris or vegetation (not otherwise subject to the provisions of Chapter 6.16) which may reasonably attract children to such abandoned or neglected conditions;" SECTION 3. Section 6.14.002(0 of the Temecula Municipal Code is hereby amended to read as follows: "6.14.002... (r) Any condition of vegetation overgrowth, (except that regulated by Chapter 6.16 hereof), which encroaches into, over, or upon any public right-of- 3lOrds 19 -1- way including but not limited to, streets, alleys, or sidewalks, so as to constitute either a danger to public safety or property or any impediment to public travel;" SECTION 4. Section 6.14.002(v) of the Temecula Municipal Code is hereby added to read as follows: "6.14.002.. (v) Any violation of the Temecula Municipal Code, any Code adopted by reference by the City, or any uncodified City Ordinance." SECTION 5. Chapter 6.16 "Expedited Abatement of Hazardous Vegetation From Vacant Lots and Parcels," is hereby added to the Temecula Municipal Code to read as follows: "CHAPTER 6.16 EXPEDITED ABATEMENT OF HAZARDOUS VEGETATION FROM VACANT LOTS AND PARCELS Sections: 6.16.010 6.16.020 6.16.030 6.16.040 6.16.050 6.16.060 6.16.070 6.16.080 6.16.090 6.16.100 6.16.110 Definitions. Duty to Abate Hazardous Vegetation From Vacant Lots or Parcels Enforcement of Chapter by Fire Chief or Designee. Notice to Remove and Abate. Appeal of Abatement Notice. Removal of Hazardous Vegetation from Vacant Lots or Parcels by (~i~y. Payment for Removal. Cost Accountira,. Notification. Assessment Lien. City Council Action Following Assessment Hearing. Procedure for Refund of Payment. Enforcement. Violations. Penalties. 6.16.919 DEFINITIONS. For purposes of this Chapter, the following terms shall have the meanings set forth below: (a) 'Appeals'shall mean that body designated by the City Council pursuant to this Chapter and consisting of one (1) officer selected by the City Fire Chief which such officer shall not be the officer issuing the order to abate and two (2) persons selected by the City Council. Said Appeals Board shall hear any and all appeals regarding the determination by the City that hazardous vegetation exists on any vacant land or vacant parcel in the City. Co) 'Hazardous Vegetation' shall mean all dry grass, stubble, Russian thistle (tumble weeds), brush, weeds, rank grow, sagebrush, chaparral, or other vegetation which constitute a fire hazard. Hazardous vegetation shall also mean weeds which when mature bear 3lOrds 19 -2- wingy or downy seeds, which will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous. (c) 'Hazard Reduction Office' shall mean that physical location where the "Notice to Remove and Abate" is generated. (d) 'Hazard Reduction Officer' shall mean the designee of the City Fire Chief vested with the authority to enforce this chapter. (e) 'Vacant Lot' and 'Vacant Parcel' shall mean any lot or parcel larger than one- quarter (1/4) acre which does not have an improved, habitable building or structure on it. 6.16.020 DUTY TO ABATE HAZARDOUS VEGETATION. It shall be the duty of every owner or person in control of any real property or interest therein which constitutes a 'Vacant Lot' or 'Vacant Parcel' pursuant to Section 6.16.018(e) above to abate therefrom, and from all sidewalks and parkways, except for those roads accepted into the City Maintained System, all 'Hazardous Vegetation' or other flammable vegetation, that constitutes a fire hazard which may endanger or damage neighboring property. (a) In the case of any parcel or contiguous parcels of real property under the same ownership consisting of five (5) or less areas upon which vegetation exists which may constitute a fire hazard, the requirements of this Section shall be satisfied if the vegetation is removed by disking or mowing the entire acreage. (b) Where the acreage consists of more than five (5) contiguous acres, the requirements of this Section shall be satisfied if there is cleared, a one hundred (100) foot wide strip of land at the boundaries of such real property, and through such land so that there shall not be any portion of the real property larger than two and one-half(2 1/2) acres which is not enclosed by itself within such a strip, which shall be a firebreak. The City Fire Chief may require firebreaks exceeding this one hundred (100) foot width or disking or larger than five (5) acre parcels if larger breaks or disking is deemed necessary by him/her for the protection of the public safety and welfare. (c) Where the parcel is improved or terrain is such that it cannot be disked or mowed, the City Fire Chief may require, or authorize, that other means of removal be used, and that specific standards be met as set forth in Temecula Municipal Code, Public Resources Code, or other recognized Fire Codes. 6.16.030 ENFORCEMENT OF CHAPTER BY FIRE CHIEF OR DESIGNEE. For purposes of enforcing the provisions of this Chapter, the City Fire Chief may designate any person or persons as his/her deputy in the performance of the duties vested upon the City Fire Chief by the provisions of this Chapter. 6.6.040 NOTICE TO REMOVE AND ABATE. It shall be the duty of the City Fire 3lOrds 19 -3- 6.6.040 NOTICE TO REMOVE AND ABATE. It shall be the duty of the City Fire Chief, or designee of the Chief, whenever such officer deems it necessary to enforce the provisions of Section 6.16.020 hereof, to issue a 'Notice to Remove and Abate' by either of the following methods: (a) By mailing to the owner as much real property as shown on the last equalized tax rolls and by personal service thereon; or (b) By mailing to the owner as shown on the last equalized tax rolls and by posting the real property. The 'Notice to Remove' shall be in substantially the form set forth below: 'NOTICE TO REMOVE AND ABATE Date: By virtue of Section 6.16.020 of the Temecula Municipal Code YOUR ARE HEREBY NOT~D AND REQUIRED TO ABATE from your property described [Legal Description] taken from the Riverside County Assessor's Records which lists the owner as of [Address, City, $.tate, zip] specific mentioned items described as combustible matter and If said combustible matter is not removed within thirty (30) calendar days, the City Fire Chief, or other duly designated officer(s), may order said matter removed by public employees, private contractor, or other persons, and the cost of said removal shall be levied with an added Administration Fee, and assessed 3lOrds 19 -4- against the property as a Special Assessment Lien, or billed directly to the property owner. An appeal from this order may be taken by presenting a written appeal to the Hazard Reduction Office at (Phone: ) within twenty (20) calendar days of the postmark on the Notice to Abate. The Hazard Reduction Officer shall set the same for hearing before the Board of Appeals, and shall notify the Applicant, in writing, of the hearing date. Name of Issuing Officer Title of Issuing Officer 6.16.050 APPEAL OF ABATEMENT NOTICE. (a) Appeals Procedure. Any person who is adversely affected by the determination contained in the Notice set forth in Section 6.16.040, may appeal to the Board of Appeals within the twenty (20) calendar days of the postmark on the Notice to Remove and Abate by filing a written appeal with the Hazard Reduction Officer. An appeal, timely filed and in proper form, shall stay any further action for removal or abatement until the date set for hearing. The Hazard Reduction Office shall set the matter for hearing before the Board of Appeals and shall notify the person appealing by mail of the date set for such hearing, at least fifteen (15) days prior to the hearing date. If the person appealing resides outside the County, the above period of notice by mail before the hearing shall be at least twenty-five (25) days. The person appealing shall have the right to appear in person or by an agent, designated in writing, at the hearing, and present oral, written, and/or photographic evidence. The Board of Appeals shall decide the appeal and shall issue its decision, which shall be in writing. (b) Appeals Board. The Board of Appeals is hereby established with the membership as set forth in Section 6.16.010 (a). Members shall serve at the pleasure of the appending authority. 6.16.060 REMOVAL OF HAZARDOUS VEGETATION BY CITY. If, at the end of the time allowed for compliance in the original notice, or as extended in cases of appeal, or as specified by the Board of Appeals, compliance has not been accomplished, the officer issuing the notice or the agency of which he is an officer, may order the 'Hazardous Vegetation' to be removed by public officers or by employees of said agency, or may cause the removal to be carried out by a private contractor selected by the County Purchasing Agency in Accordance with applicable statutes and in the manner and under the terms specified by the City Council. The Cost of such removal accompanied by a reasonable administrative change may be imposed as a Special Assessment upon the property, and such property shall be subject to a Special 3/Ords 19 -5- Assessment Lien for said purpose. The costs so assessed shall be limited to the actual costs incurred by the City of Temecula in enforcing abatement upon the parcels, including payment to the contractor, costs of investigation, boundary determination, measurement, clerical, personnel, consultant, and an administrative cost to be set by Resolution adopted by the City Council on those parcels where such weeds have not been removed by the property owner at his or her own expense. 6.16.070 PAYMENT FOR REMOVAL. COST ACCOUNTING, NOTIFICATION. The City shall recover from the property owner the full costs, including administrative and legal costs of abating 'Hazardous Vegetation' from any 'Vacant Lot' or 'Vacant Parcel' in the City in accordance with the procedures set for in Section 6.15.012 of this Code. 6.16.080 ASSESSMENT LIEN. The total costs of abatement of the 'Hazardous Vegetation' abated pursuant to this Chapter shall constitute an assessment and lien against any vacant lot or vacant parcel from which 'Hazardous Vegetation' was abated by the City. The assessment shall be levied and the lien imposed by the City in accordance with the provisions of Section 6.14.013 of this Code. The 'Notice of Lien' set forth in said Section shall be modified to reelect 'Chapter 6.16' in lieu of 'Chapter 6.14.' 6.16.090 CITY COUNCIL ACTION FOLLOWING ASSESSMENT HEARING. At the conclusion of the hearing required above, the City Council shall do one of the following: (a) Confirm the costs of the abatement and order the costs to recorder as lien on the property; (b) Modify the costs of the abatement and order this new figure to be recorder as a lien on the property; or (c) Cancel all or any portion of any such Special Assessment, penalty, or costs heretofore entered, and shall order that the same be canceled by the County Auditor-Controller if uncollected, or, except in the case provided for in subsection (5) below , refunded by the County Treasurer-Tax Collector, if collected, if the charges were charged or paid: (1) More than once; (2) Through clerical error; (3) Through the error or mistake of the Board of Appeals, or of the officer, Board or Commission designed by them to give notice, in respect to any material fact, including the case where the cost report rendered and confirmed, as hereinbefore provided, shows the County abated the 'Hazardous Vegetation' but such is not the actual fact; (4) Illegally; or 3lOrds 19 -6- (5) On property acquired after the lien date by the State or by any county, city, school district, special district, or other political subdivision, and because of this public ownership, is not subject to sale for delinquent taxes. 6.16.100 PROCEDURE FOR REFUND OF PAYMENT. No order for refund under the foregoing Section shall be made except on a written claim: (a) Verified by the person who paid the Special Assessment, his guardian, executor or administrator; and Co) Filed with one (1) year after making the payment sought to be refunded. 6.16.110 ENFORCEMENT. VIOLATIONS. PENALTIES. It shall be unlawful, subject to punishment in accordance with Sections 1.01.200 to 1.01.240 of this Code, for any person-- natural or corporate--owing, possessing, occupying, or controlling any lands or premises subject to the provisions of this Chapter to fail to perform the duty set forth in Section 6.16.020 of this Chapter, or to fail to comply with the requirements in the 'Notice to Remove and Abate' as specified in Section 6.16.040 of this Chapter or to interfere with the performance of the duties herein specified for any of the officers designated in this Chapter or their deputies, or to refuse to allow any such officer or their deputies or employees, or approved private contractors, to enter upon any premises for the purpose of inspecting and/or removing any 'Hazardous Vegetation' hereinbefore described, or to interfere in any manner whatever with said officers of contractors in the work of inspections and removal herein provided. Said penalties are in addition to any civil or equitable remedies available to the City to enforce the provisions of this Chapter." SECTION 6. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 7. EFFECTIVE DATE This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. SECTION 8. A summary of this Ordinance shall be published in a newspaper published and circulated in said City at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted at City Hall. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. 3/Orda 19 -7- PASSED, APPROVED AND ADOPTED this __ day of ,1991. Ronald J. Parks, Mayor ATTEST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 91- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: C OUNCILMEMBERS: June S. Greek, City Clerk 3/Ords 19 -8- ITEM NO. 18 APPROVAL ~ CITY ATTORNEY FINANCE OFFICER CITY MANAGER /~,' TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department April 23, 1991 Appointment of Two Plannin9 Commissioners With Terms Starting June 4, 1991 PREPARED BY: R ECOMMEN DAT I ON: DISCUSSION: Steve Jiannino REAPPOINT Commissioners Chiniaeff and Hoagland to four year terms, The City of Temecula Planning Commission was established on June 4. 1991, At the meeting, the Commissioners drew lots for length of terms with Commissioners Chiniaeff and Hoagland drawing one year terms, The one year terms will expire June 4, 1991. Staff recommends that the City Council reappoint Commissioners Chiniaeff and Hoagland to four year terms beginning June 4, 1991. SJ:ks A: APPO]]~T. PC 1 ITEM NO. 19 APPROVAL C TY ANAS R TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department April 23, 1991 Final Tract Map No. 21067 PREPARED BY: Douglas M. Stewart RECOMMENDATION: That the City Council approve Final Tract Map No. 21067, Amended No. 3 subject to the conditions of approval. DISCUSSION: Tract No. 21067 was originally submitted to Riverside County Planning Department on December 12, 1989. The Tentative Tract Map was approved by the Board of Supervisors on April 8, 1988. Tract No. 21067, contains 86 residential lots and 3 open space lots within 46.22 gross acres. The tract is located easterly of Jedediah Smith Road and southerly of State Highway 79. This tract is part of Change of Zone No. 4525. The applicant is Kingsway Construction Corporation. The following Fees have been paid (or deferred) for Tract Map No. 21067: Signal Mitigation Fee I deferred to Building Permits) Fire Mitigation Fee (deferred to Building Permits) Stephen's K-Rat Fee I deferred to grading Permits) $12,900.00 $25,800.00 $90,129.00 A:TM21067 1 The following bonds have been posted for Final Tract Map No. 21067: Faithful Labor and Performance Material Street and Drainage Water Sewer Survey Monuments $1,255,500.00 $149,500.00 $166,500.00 $31,284.00 $628,000.00 $75,000.00 $82,750.00 Requirements of the Quimby Act Fees will be satisfied by the contribution of land as provided for in a separate agreement with the Temecula Community Services District. Summary Staff recommends that the City Council APPROVE the final map of Tract No. 21067, Amended No. 3 subject to the conditions of approval, and accept Lots 87, 88, and 89 of Final Tract Map No. 21067. BY:ks Attachments: 2. 3. 4. 5. Development Checklist Location Map Copy of Map Conditions of Approval Fees and Securities Report A:TM21067 2 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: TM 21067 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby) Public Facility ( Traffic Mitigation) Public Facility ( Traffic Signal Mitigation) Public Facility (Library) Fire Protection Flood Control IADP) Public Facility (Bridge) Condition of Approval Condition No, 3 (Planning) N/A N/A Condition No, 10 (Roads & Surveyor) N/A Condition No. 14 (Planning) N/A Condition No. 25 (Revised) I Road & Surveyor) FORMS\ENG5 4~0 R-2 A'-I..10 SCALE,I% ZOO' zoo Iq THE CITY OF TEMECULA,CO~NTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. ?_.1067 BEING A SUBOIVISION OF PARCEL Z OF PARCEL MAP NO 6427, RECOR(~.. IN J~ if, PAGE ?Z, AND PARCEL 4 OF PARCEL MAP NO. 8856, RECORDED IN BOOK 41, PAGES 72 AND 73, BOTH OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY; LDCATED IN THE RANCHO TEMECULA AND LITTLE RANCHO TEMECULA. McCUTCHAN CO., INC JANUARY, 1990 SHEET Z OF 6 SHEETS ENVIRONMENTAL CONSTRAINT NOTE, ,PARCEL 3 PM 41 / 72-73 PCL. J 'PM 4]/72.-7~ VICINITY MAP /14JCA'r · I$.~, CITY OF TEMECULA AGENDA REPORT AB#: HTG: DEPT: 811q/9o PLNG TITLE: TENTATIVE TRACT NO. 21067 DEPT HD ~.;~. CITY Ally CITY HGR Recommendation: APPLICATION INFORMATION APPLICANT: ENGINEER: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS: STAFFR PT\TT21067 Approval of Tentative Tract No. 21067 with an additional condition that the applicant shall provide a focused traffic study prior to occupancy. Kingsway Construction Musser Engineering Consultants The applicant requests a third extension of time to record the final map for Tract No. 21067, a 10q lot single family subdivision with 17.7 acres of open space along the northern side of the site for Temecula Creek. The northerly side of Pala Road south of State Route 79 and approximately 1/2 mile southeast of the intersection of Pala Road and State Route 79, R-1 Single Family Residential North: South: East: West: R-R Rural Residential R-1 Single Family Residential R-R Rural Residential C-1/CP General Commercial Not requested Vacant North: South: East: West: Vacant Single Family Residential Subdivision Horse Ranch Mini-storage Facility Number of Acres: Number of Lots: Open Space: Proposed Density of Developed Portion of Site: U6 10~ 17.7 acres 3.7 dwelling units/acre BACKGROUND: PROJECT DESCR IPT ION: ANALYSIS: Tentative Tract No. 21067 was submitted to the County in conjunction with Change of Zone No. 4525, a request to change the zone of the subject property from R-R, Rural Residential, which has a minimum lot size of 112 acre, to R-l, Single Family Residential, which has a minimum lot size of 7,200 square feet 10.17 acre). Tentative Tract No. 21067 and Change of Zone No. q525 were approved by the Board of Supervisors on April 8, 1986. The first request for a one year extension of time for the tentative tract was approved by the County Planning Commission on May 11, 1988, and by the Board of Supervisors on June 7, 1988. The second request for an extension of time was submitted on March 20, 1989, and was approved by the County Planning Commission on August 8, 1989. The third request for an extension of time was submitted to the County on February 21, 1990. The reason for the request is to allow time for review of the flood control and drainage plan by the Federal Emergency Management Agency before the deadline for recordation of the final map. On March 29, 1990, the County Planning Commission tentatively approved the third extension of time and recommended that the City receive and file the notice of decision by the County Planning Commission. The proposal is to subdivide a [~6 acre site into 104 single family lots with a minimum lot size of 7,200 square feet. 17.7 acres along the northerly side of the site will be maintained a open space for Temecula Creek. The site is located in Flood Zone A. The applicant proposes to import 160,000 cubic yards of fill soil to elevate the building pads above the flood plain. The secondary access to the site will be provided by dedicating "Temecula Lane" and providing improvements for "Temecula Lane" and Loma Linda Road. A traffic study was not prepared for this project at the time of its original approval in 1986. The Conditions of Approval from the County Road Department require the provision of an improved secondary access, payment of $150.00 per lot prior to final map recordation as mitigation for traffic signal impacts, and concrete curb and gutter improvements on Pala 2 GENERAL PLAN CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: Road at a distance of t13 feet from the street centerline and 55 feet dedicated as half-width right-of-way. County Roads Department Condition of Approval No. 25 requires successful completion of proceedings for an assessment district for the construction of a four lane bridge on Pala Road at Temecula Creek. Assessment District 159 as established does not include funding for improvements on Pala Road, the realignment of Pala Road, or the four lane bridge across Temecula Creek. The County Roads Department reports that 82% of the cost of the Pala Road and bridge improvements is available through federal bridge rehabilitation funding. The City will .3ave to make provisions for the remainder of the cost of improvements. Tract No. 21067 will contribute a relatively small portion of the cumulative traffic impacts on Paia Road and State Route 79. The applicant is willing to contribute a fair share of the cost of street and bridge improvements. A traffic study will quantify the contribution of Tract No. 21067 to the traffic impacts on Pala Road and State Route 79 and indicate what the project~s fair share should be. The proposed density of 3.7 units per acre is consistent with the Southwest Area Community Plan designation of 2-5 units per acre. All lots conform to the minimum lot width, depth, and area standards in the R-l, Single Family Residential. On May 8, 1986, the Riverside County Board of Supervisors adopted a Negative Declaration for Environmental Assessment No. 20201 in conjunction with the approval of Change _of Zone No. t~525 and Tentative Tract No. 21067. Tentative Tract No. 21067 is consistent with the R-l, Single Family Zone in that all lots meet the requirements for minimum lot area, width, and depth. e Tentative Tract No. 21067 is consistent with the Southwest Area Community Plan designation of 2-5 dwelling units per acre in that the proposed density is 3.7 dwelling units per acre. 3 e 6o o The project will not have a significant adverse impact on the environment in that Stephenrs Kangaroo Rat Habitat Conservation fees are required and archaeological resources are not likely to be found at the site. The project will not be detrimental to human health or safety in that drainage and flood control measures must be approved by FEMA prior to map recordation, and the potential for liquefaction, differential subsidence, and surface fissuring at the site are very low. A soils report must be submitted to the Building and Safety Department addressing soil stability and geological conditions. Two means of ingress and egress will be fully constructed prior to occupancy. Street and intersection peak hour levels of service will be acceptable when the required street improvements are constructed. The site is suitable for the type and intensity of development proposed in that drainage and flooding problems will be mitigated, the potential for differential subsidence and surface fissuring is low, and the tentative map is in conformance with all applicable requirements regarding lot area and dimensions, density, and street and subdivision design standards. The project will not have an adverse impact on adjacent properties in that all lots will drain toward streets within the subject property or into drainage facilities as approved by the City Engineer. Tentative Tract No. 21067 is consistent with the State Subdivision Map Act regarding passive use of solar energy in that the proposed lots have significant southern exposure which allows for passive heating opportunities. STAFF RECOMMENDATION: Staff recommends that the Planning Commission: Approve a Third Extension of Time for Tentative Tract No. 21067 based on the analysis and findings contained in this report and subject to the original Conditions of Approval with the following exception: ae The County Roads Department's Condition of Approval No. 25 shall be replaced with the following Condition: The applicant shall submit a Focused Traffic Study addressing the project~s impacts on the existing alignment of Pala Road and the existing intersection of Pala Road and State Route 79. The study shall be reviewed and approved by City Engineers prior to occupancy of the first unit. The study will determine a reasonable "fair share" cost to be paid by the developer toward a new bridge. If a fair and equitable share of the developerIs cost of transportation improvements has. not been determined at the time a Certificate of Occupancy is needed, the developer shall be required to deposit $10,000 into a City established Road Benefit Fund. The developer is also required to sign an agreement with the City to either pay an amount or receive a refund equal to the difference between his estimated fair share and the amount of deposit wrth the City. SW: ks Attachments: Exhibit 1 - Vicinity Map Exhibit 2 - Tract Map County Staff Report Conditions of Approval 5 CZ 4Z~JO A-I -I0 KINGSWAY CONSTRUCTION CORP. U)C,,TIONA~. MAP R-R TO R-I .... ~ RO. CAL. Sup. Dist. I Sec. 19 T. 8S.,R.2W. Assessors Bk.Cj2G Pg. IS '~'~"~-.$/7"E Clrculalion PALA RD. ART. IIO' · ! ,% Zoning Distr~c~.-Rancho California Supervisorial District: First E.A. Number: 20210 Regional Team NO.: lI TENTATIVE TRACT NO. 21067, Amd. No. :3 CHANGE OF ZONE NO. 4525 Planning Comnission: 2-5-86 Agenda Item Nos.: 27 & 27a RIVERSIDE COUNTY PLANNING DEPARTMENT STAFF REPORT 1. Applicant: .2. Engineer: 3. Type of Request: 4. Location: 5. Existing Zoning: 6. Surrounding Zoning: 7. Site Characteristics: 8. Area Characteristics: g. Comprehensive General Plan Elements: 10. Land Division Data: 11. Agency Recon~endations: 12. Letters: 13. School District: 14. a. Impacted? b. School Agreement received? Sphere of Influence: ANALYSIS: Kingsway Construction Corporation McCutchan Company, Inc. Zone change from R-R to R-I; to divide 46 acres into 11B lots Easterly of ~edediah Smith Road and Southerly of State Highway 7g R-R R-R, R-l, C-1/C-P Flat open pasture, subject to flooding Rural area transttioning to urban LAND USE: Category II DENSITY: 2-8 du/acre OPEN SPACE/CONS: Not designated as Open Space TOTAL ACREAGE: 46 Acres TOTAL LOTS: 118 DU PER ACRE: 3.9 PROPOSEO MIN. LOT SIZE: 7200 square feet ROAD: See letter dated 11-27-B5 _ HEALTH: See letter dated 11-25-85 FLOOD: See letter dated 12-24-B5 FIRE: See letter dated 12-2-B5 WATER: See letter dated 9-23-85 Opposing/Supporting: None as of this writing Elsinore Union High School District and Temecula Union School District Yes Yes .~ No None Project Description: Change of Zone Case No. 4525 and Tentative Tract No. 21067, Amended No. 3 is an application to change the zoning of the project site from R-R to R-1 and to divide 46 acres into 118 lots. The subject property is located on the north side of Pala Road and east of Jedediah Smith Road. At present, the subject property contains a stable and mobile home. Surrounding land uses are a 'TENTATIVE TRACT NO. 21067, .Amd. No. 3 CHANGE OF ZONE NO. 4525 Staff Report Page 2 storage facility, horse ranch, vacant lot, and a single family subdivision, under construction. The site is currently zoned R-R, and surrounding zoning is R-R, R-l, and C-1/C-P. Environmental'Analysis: Environmental Assessment No. 20210 indicates that the subject site is impacted by Liquifaction hazard, 100 year floodplain, dam inundation area, and Agricultural and Wildlife Resources. A liquifaction report has been submitted, and reviewed by the County Geologist. He has prepared a letter of Conditional approval dated Oecember 12, 1985. Flooding concerns have been mitigated through tract design and the Flood Control District letter dated December 24, 1985. The agricultural and wildlife potential for the site are non-existent due to coanercial and residential development in the surrounding area. Project Consistency and Compatibility: The subject property lies within the Rancho Caltfornta/Temecula subarea of the Southwest Territory Land Use Planning Area. The Comprehensive General Plan's Open Space and Conservation Element shows this site in Areas Not Designated as Open Space. Review of the policies of the Land Use Element in the Comprehensive General Plan indicate that the subject site and proposed project fit the requirements of Category II at this time. A full range of public services and facilities are available to the site. The developer is proposing a density of 3.g dwellings per acre. The proposed 11B lot subdivision is a logical extension of the existing urban pattern. Staff reconmnends approval of Change of Zone Case No. 4525 and Tentative Tract No. 21067, Amended No. 3, in that the proposal is consistent with the General Plan, compatible with area development, and conforms to the requirements of Ordinance Nos. 348 and 460. Findings: The applicant proposes to change the zoning of 46 acres from R-R to .R-l, and to subdivide the site into 118 single family residential lots. The subject property contains a mobile home and a stable. Surrounding land uses are: a residential subdivision, vacant lots, horse ranch, and a storage facility. 3. Surrounding zoning is R-R, R-l, C-1/C-P. 4. The General Plan policies call for Category II land use. 5. Ltqutfaction and flooding impact the project site. TENTATIVE TRACT NO. 21067, Amd. No. 3 CHANGE OF ZONE NO. 4525 Staff Report Page 3 Conclusions: 1. The proposed project is consistent with the General Plan 2. The proposed project is compatible with area development~ 3. The proposed project conforms to all applicable County Ordinances. 4. Liquifaction and flooding concerns can be effectively mitigated. Recon~endations: ADOPTION of a Negative Declaration for E.A. No. 20201, based on the conclusion that the proposed project will not have a significant effect on the environment~ and, APPROVAL of Change of Zone Case No. 4525 from R-R to R-l; and APPROVAL of Tentative Tract No. 21067, Amended No. 3, subject to the conditions of approval, based on the findings and conclusions incorporated in the Staff report. DM:dw PROPOSED ZONING. -' CZ 4525 &I'M 21067 ' / ' , I1> I ~ i.\ !!.I, aa, !. ' .'---\ · II ;-- l ~ · .._, [' ,~-,-$ /,-A'"-.~. ~-:'~.g'll' ~ ..' /\ .... '.. lu / / ' : : / ... ~.~-~ . ' ~. KINGSWAY C~STRUCTION C~E . ~AT~AL MAP , ~ ~. CAL. , ~.~,t. I s,.,~ T. es.,a.~w. ~, m.s~s ~ ~ ~~..... ~lot~. PALA RD AR~ I10' ~ ~ ~-'~/~ Z COUNTY OF RIVERSIDE SUBDIVISION · CONDITIONS OF APPROVAL TENTATIVE TRACT NO. 21067 DATE APRIL-8,'~8 AMENDED NO. 3 STANDARD CONDITIONS The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Riverside County Ordinance 460, Schedule A, unless modified by the conditions listed below. This conditionally approved tentative map will expire two years after the Board of Supervisors approval date, unless extended as provided by Ordinance 460. The final map shall be prepared by a licensed land surveyor subject to all the requirements of the State of California Subdivision Map Act and Riverside County Ordinance 460. The subdivider shall submit one copy of a soils report to the Surveyor's Office and two copies to the Department of Building and Safety. The report shall address the soils stability and geological conditions of the site. If any grading is proposed, the subdivider shall submit one print of comprehensive grading plan to the Department of Building and Safety. The plan shall comply with the Uniform Building Code, Chapter 70, as amended by Ordinance 457 and as maybe additionally provided for in these conditions of approval. A grading permit shall be obtained from the Department of Building and Safety prior to co~nencement of any grading outside of county maintained road right of way. If grading is proposed on slopes of 10% or greater, an environmental assessment approval will be required from the Planning Department prior to an acceptance of the plans by the Building Department. One mylar copy of the approved grading plan shall be submitted to the_ Department of Building and Safety for transmittal to the Road Department. 7. Any delinquent property taxes shall be paid prior to recordation of the final map. The subdivider shall comply with the street improvement recmmnendations outlined in the Riverside County Road Department's letter dated November 27, 1985, a copy of which is attached. g. Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a County maintained road. TENTATIVE TRACT NO. 21067 Conditions of Approval Page 2 lO. 11. 12. 13. 14. 15. 16. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Road Con~nissioner. Street names shall be subject to approval of the Road Con~nissioner. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and con- veyances shall be submitted and recorded as directed by the County Surveyor. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department's letter dated November 25, lg85, a copy of which is attached. The subdivider shall comply with the flood control recon~nendations outlined by the Riverside County Flood Control Oistrict's letter dated December 24, lg85, a copy of which is attached. If the land division lies within an adopted flood control drainage area pursuant to Section 10.25 of Ordinance 460,.appropriate fees for the construction of area drainage facilities shall be collected by the Road Co~mnissioner. The subdivider shall comply with the fire improvement recommendations outlined in the County Fire Marshall's letter dated December 2, lg85, a copy of which is attached. Subdivision phasing, including any proposed conmnon open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. Lots created by this subdivision shall comply with the following: a. All lots shall have a minimum size of 7200 square feet net. b. All lot length to width ratios shall be in conformance with Section 3.BC or Ordinance 460. Co Corner lots and through lots, if any, shall be provided with additional area pursuant to Section 3.BB of Ordinance 460 and so as not to contain less net area than the least amount of net area in non-corner and through lots. d. Lots created by this subdivision shall be in conformance with the development standards of the R-1 zone. TEKIATIVE TRACT NO. 21067 Conditions of Approval Page 3 17. Prior to RECORDATION of the final map, the following conditi~ns shall be satisfied: Prior to the recordation of the final map, the applicant shall submit · rritten clearances to the Riverside County Road and Survey Department that all pertinent requirements outlined in the attached approval letters from the following agencies have been met. County Fire Departssent County Flood Control County Health Depart~nent County Planning Department be Prior to the recordation of the final map, Change of Zone 4525 shallbe approved by the Board of Supervisors and shall be effective. Lots created by this land division shall be in conformance with the development standards of the zone ultimately applied to the property. c. Concrete sidewalks shall be constructed throughout the subdivision in accordance with the standards of Ordinance &61. d. All existing structures on the subject property shall be removed prior to recordation of the final map. ee The final map shall reflect the combination of lots 61 and A. The final design of this combination shall be as approved by the Planning Director prior to the recordation of .the final map. f. Street trees shall be planted throughout the Subdivision in accordance with the standards of Ordinance 460. If street lighting is proposed to be installed in this subdivision, it shall be installed in accordance ~rlth the standards of Ordinance &61 and the following: 1) Concurrently with the filing of subdivision improvement plans with the Road Department, the developer shall secure approval of the proposed street light layout first fro~ the Road Department's traffic engineer and then from the appropriate utility purveyor. 2)' Following approval of the street lighting layout by the Road Department's traffic engineer, the developer shall also file an application with LAFCO for the formation of a street lighting district, or annexation to an existing lightini district, unless the site is within an existing lightins district. Prior to recordation of the final map, the developer shall secure conditional approval of the street lighting application from LAFCO, unless the site is within an existing lighting district. * Amended per Plannini Co~ission, Feb. 5, 1986. TENTATIVE TRACT NO. 21067 Conditions of Approval Page & h. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conJunction with the final ~ap to delineate identified environmental concerns and shall be permanently filed with the office of the County Surveyor. A copy of the ECS shall be transmitted to the Planning Department for revie~ and' approval. The approved ECS shall be forwarded ~ith copies of the recorded final map to the Planning Department.and the Department of ~uilding and Safety. i. The fo~lowing note shall be placed on the Environmental Constraints Sheet: "County Geologic Report.No. 326 was prepared for this property and is on file at the Riverside County Planning Department. Specific items of concern in the report are as follows: Liqutfaction." J. The fol~oving note shall be placed on the Environmental Constraints Sheet: "This property is located within thirty (30) miles of Hount Palomar'Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technolosy, Palomar Observatory recommendations dated September 2&~ 1985, a copy of which is on file with the Planning Department and the Department of Building and Safety." 18, Prior to the issuance of GRADING PERKITS~ the following conditions shall be satisfied: If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a ~uideline for subsequent detailed grading plans for individual phases of development and shall include the following: 1) -Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. Approxim~te time frames for grading and identification of are_as vhich~ay be graded during the higher probability rain months of January through Hatch. 3) Prelimin~ry pad and roadway elevations. &) Areas of temporary grading outside of a p~rticular phase. be Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that any adjacent off-site smnufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. ~TIVETRACT NO. 21067 Conditions of Approval Page 5 " 19. Prior to the issuance of BUILDI~¢ PERitITS, the folioring conditions shall be satisfied: In accordance vith the vritten request of the developer to the County of Riverside, a copy of vhich is on file, and in furtherance of the agreement between the developer and the .Elsinore Union High School District and the Temecula Union .School District, us building permits shall be issued by the County of Riverside.for any parcels vithin the subject tract until the developer, or the developer's successors-in-interest provides evidence of compliance vith the terms of said agreement between the developer and the School District. be Roof-mounted mechanical equipment shall not be permitted vithin the subdivision, hovevet, solar equipment or any other energy saving devices shall be permitted vith Planning Department approval. 20. 'If any off-site grading'is proposed, the developer shall obtain the. proper easement from the appropriate ovaera, prior to the recordation of the of the final map. 21. -~Ae-pfepese&-d~aine~e-elieeh;-.es-ehov'n-en-t*t. te-een~aeive-ue~?-ohe~--$--be ee~ab~eked-as-ease~en~s-e~-.-te~o-6.1~--~gT-and-ua~n~ai-ne,f-b~.-.ehe-e~ae~s e~-oai~-~ees~--~n~eos-eehet, v~oe-app~eve~-b~.-.Uhe-P~ann~n~--B~eeeee, * Changed per Planning Commission, Feb. 5, 1986 **Deleted per Planning Commission, Feb. 5, 1986 DH:dw;et FROM: Plmnntng Department SUBMITtAL DATE: February 24, 1986 SUB~CT:TENTATIVE TRACT NO. 21067 Amd. No. 3 - I~IANSE OF ZONE NO. Kingsway Construction - First Supervtsortal District - Rancho California Area - 46 Acres - 118 Lots - Schedule 'A' - REQUEST: R-R to R-1 Zoning RECOMMENDED MOTION: The Planning Commission and Staff recommend: ADOPTION of the Negative Declaration for Environmental Assessment No. 20210 based on the findings incorporated in the environmental assessment and the conclusion that the proposed project will not have a significant effect on the environment; and, APPROVAL of Change of Zone No. 4S2S from R-R to R-1 in accordance with Exhibit No. 2, based on the findings and conclusions incorporated in the Planning Commission minutes dated February 5, 1986; and, APPROVAL of Tentative Tract No. 21067, Amended No. 3 subject to the attached conditions, based on the findings and conclusions incorporated in the Planning Commission minutes dated February 5, 1986. Ro Streeter, Planntng 'Oi rector 0l~:csa .m !~. Agn. re(. Depts. Commentm Dist. AGENDA NO. '(REEL 888- SIDE 2- 363-686) CHANGE OF ZONE CASE 4525- EA 20210 - Kingskay Construction Corporation - Rancho California Area - first Supervisorial District - 46, acres, easterly of ~edediah Smith Rd and southerly of St Hwy 79 - R-R to R-l, etc. TRACT 21067 A~IENDED NO. 3- EA 20210- Kingskay Construction Corporation - Rancho California Area - First SuperYisorial District- easterly of ~edediah Smith RJ and southerly of St Hwy 79 - 127 lots - 46** acres - R-R Zone. Schedule A Subdivision The bearings were opened at 3:43 p.m. and closed at 4:00 p.m. STAFF RECOI~ENDAT]ON: Adoption of the negative declaration for EA 20210, approval of Change of Zone Case 4525 from R-R to R-1 in accordance ~ith Exhibit 2, and approval of Tract 21067 Amended No. 3 subject to amended condi- tions. The subject property contained a mobilehome and a stable; surrounding land uses included a residential subdivision, vacant lots, a horse ranch and a storage facility. Staff thought the proposal would be compatible ~ith surrounding land uses. Gerald Tutt, the engineer for the project, accepted the conditions as amended. Villiam I~rtin, 45080 Temecula Lane, Temecula, advised the~e were six horse ranches in the imnediate area on parcels ranging in size from 5 to 22 acres. Mr. Hartin raised horses and cattle on adjacent property and asked whether the new ordinance relating to agricultural uses being considered by the Board of Supervisors would affect his rights. Mr. Salter asked whether be had lived there at last three years; when Hr. Hartin advised be had lived there nine years Mr. Salter indicated he thought his use ~ould be protected by State law. Mr. ~rtin kas concerned about Temecula Lane, which kas fully mintained by himself and one other neighbor and asked whether this road Nould be used to provide access to Pala Road. Mr. Tutt advised the Road Department conditions required them to provide 32 feet of pavement from the end of the tract (which kas the beginning of Temecula Lane) to the nearest paved County Road (Pala). The right of kay for Temecula Lane had been offered for dedication on a pre- viously recorded parcel n~p and currently existed; tbey would be required to improve within that right of kay. Therefore, there ~ould be improved access from the tract do~n Temecula Lane to Pala. Mr. Hartin had no furtber concerns. Louise Rouhe, 45~00 Pala Road, mined a ho~se ranch in tbe immediate area and kas concerned about f'loodin~l and drainage problems. Mr. Kashuba advised the Flood Control District real~zed there kas an existing flooding problem and briefly described drainage patterns in this area. The project had been conditioned to construct a concrete channel to carry the fio~s. Mr. Tutt advised they had held any ,eetings with flood Control staff, and he felt the flooding problems had been resolved. In addition, the property kas within a flood plain and would have to meet Federal requirements. Although there weuld be additional traffic on the access road, he thought most of the traffic would move along Pala Road to the northwest where tbere were schools and shopping facilities. 35 There ,as no further testirony. and the hearing ms closed at 4:00 p.m. FINDINGS AND CONCLUSIONS: The applicant proposed a change of zone on 46 acres from R-R to R-l, and the subdivision of the site into 118 single family residential lots; the subject property contains a mobilehone and a. stab]e; surrounding land uses inc]udes a residential subdivision, vacant lots, a horse ranch, and a storage faci]ity; surrounding zoning .is R-R, I{-1 and C-l/C-P; Benera1 Plan policies call for Category lI land use; liquefaction and flooding impact the site. The proposed project is consistent with the Comprehensive General Plan; compatible with area development{ conforms to all applicable County ordinances; and liquefaction and flooding concerns can be effectively mitigated. The proposed project will not have a significant effect on the env i tonroe n t. )lOTION: Upon motion by Commissioner Bresson, seconded by Commissioner MacGregor and unanimously carried, the Commission reconmended to the Board of Supervmsors adoption of the negative declaration for EA 20210, approval of Change of Zone Case 4525 from R-R to R-! in accordance with Exhibit 2, and approval of Tentative Tract 21067 Amended No. 3 subject to the proposed conditions, amended as follows, based on the above findings and conclusions and the recmmendations of staff. 17(g) - Delete the first two 1.ines and replace with the following: If street lighting is proposed to be .installed .in this subdivision, shall be installed as: 20. - If any off-site grading 'is proposed, the developer shall obtain the proper easements from the appropriate owners, prior to recordation of the final amp. 21. - Delete entirely. ROLL CALL VOTE RESULTED AS FOLLOWS: AYES: Commissioners Bresson, MacGregor, Donahoe, Purviance and Beadling NOES: None ABSEt~: None 36 VAC COI~SE · cz 4L)to · VAC M KINGS~I~Y CONSTRUCTION CORP. I~C&TiON&L. MAP UN R-R TO R-I Si¢.l~J T.~S.,R.2W. dt~4slm,~ Bk.926 I~.lS , ~"'~.$1T~' I~ Rd. Bk. Pg..56A D~oti 6-19-85 Orown By mo~ ~ ~g' · OFFICE OF ROAD., ~OMN!$SIONER & cOUNTY SURVEYOR -.November 2~, 1985 Rtver~'tde County Planning C~=nisston 4080 Lemon Street Riverside, CA 92501 : Ladies and Gentlemen: RE: Tract Map 21067 - Amend Schedule A - Team 2 With respect to the conditions of approval for the referenced tentative land division map, the Road Department recon~nends that' the landdivider provide the following street improvements and/or road dedications in accordance with Ordinance 460 and Riverside County ~oad improvement Standards {Ordinance 461). It is understood that the Tentative Map · correctly shows all existing easements, traveled ways, and drainage courses with appropriate Q's, and that their omission may require the map to b~ resubmitted for further. consideration. These Ordinances'and the following conditions are essential parts and a requirement occuring :in ONE is as binding as though occurring in a11. They are intended to be complementary and to describe the conditions for a complete design of the tc~rovement. All questions regarding the true meaning of the conditions shall be referred to the Road C~assioner's Office. .2. The landdivider shall protect downstrean~ pro. perties from damages ca'used by alteration of the drainage pbtterns, i.e., concentratio'n of diversion of. flow. Protection shall be provided by constructing adequate drainage facilities Including enlarging existing facilities or'by securing a drainage easement or by both. All drainage easements shall be shown on the final map and noted as follows: 'Drainage Easement - no buildings, obstructions, or encroachments by land ftlls are allowed'. The protection $.hall be is approved by the Road Depart. merit. The landdivider shall acrept'and properly dispose of all offsite drainage flowing onto 'or through the' site. In the event the Road Co,mntsstoner permits the use of streets for drainage purposes, the provisions of Article X! of Ordinance No. 460 Will apply. Should the quantities exceed the street capacity Or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage facilities as approved by the Road .Department. ~ tract Hap 21067 - Amend }::.Schc~'ule A - Team 2 ,ove~,er 27, 1985 Conditions Page 2' ' - 3. #ajor dralnage ts involved on this landdivision and 1rs resolution shall be as .approved by the Road Department.' 4. Pala Road shall be improved with concrete curb and gutter located 43 feet from centerline and match up'asphalt concrete paving~ reconstruction or resurfactn~ of existing paving as deter~nined by the Road Con~ntssioner within a 55 foot half width dedicated right of way in accordance with County Standard No. 100. ~. 'A" Street, 'C' Street, "E" Street and "F" Street (northerly of lot 55) shall be improved within the dedicated right of way in accordance with County Standard No. 104,.Section A. (40'/60'). e '8' Street shall be improved within the dedicated right of way in accordance with County Standard Ho. 105, Section A. (36'/ 60'). - 'F' Street (from lot 55 southeasterly) shall be improved with '28 feet of asphalt concrete pavement within a 40 foot part width dedicated right of way in accordance with County Standard No. 110, Section A. =(20'/.30~. Concrete sidewalks shall be constructed throughout the landdivision in accordance with CouQty Standard No. 400 and 401 (curb sidewalk)· 9. A secondary access road to the nearest paved road'maintained by the County shall be constructed within the public r.ight o.f way in accordance with County Standard No. 105, Section B, (32'/60') at a grade and alignment as approved by the Road Co~nisstoner. This is necessary for circulation purposes. 10. Prior to the recordation of th~ ftnai map. the developer shall deposit with the Riverside County Road Department, a cash sum of $!50~00 pe~ lot~s mitigation for traffic signal .impacts. Should the -developer choose to d~fer the time of payment, he may enter into '~ written agreement with the County deferring' said payment to the - time of'-issuance of-a butlding permit. No traffic signal ~tttgation for open space lot ~118 will be required at this time. 11. Xmprovement plans shall be based upon a centerline profile extending · minimum of 300 feet beyond the project boundaries at a 9rade and · ltgnment a~ approved by the Riverside County Road Co~ntssioner. ~nmpletton of road improvements does not imply ·cceptance for maintenance by County. .Tract.Hap 21067-2J~end t3 * ~ Schedule A - Team ~'i' tlov~mber 27, 1986 " ~ "Condt. ttons ~" Page 3 12. Electrical and ~oc~untcattons trenches shall*be'provided tn accordance with Ordinance 461, Standard 817. 13. Aspbaltic emulston (fog sea1) shall ~e-applied not less'tha~ 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 confore to Secttons 37, 39 and 94 of th~ St. ate'Standard Specifications. ~4. Standard cul-de-sacs and knuckles shall be constructed throughout. the landdjvison.. 'Corner cutbacks tn conformance wtth County Standard No. 805 shall be shown on the final map and offered for dedication. Lot access shall be restricted on Pale Road and Jedediah Smith Road and so noted on the final map with the exception of )or 118. 'Landdivisions creating cut or fill slopes adjacent to the streets shall provide erosion control,' sight distance control and slope easements as approved by the Road Oepartment. 18. The landdivide6 shall provide utility clearance from Rancho California ~ater District prior to the recordation o4 the final map. 19. 'The minimum centerline radii 'shall be 300"or'aT ~pproved by the Road DepartmenL: 20, The minimum'lot frohtages along th~ cul-de-sacs and knuckles shall be 35 feet. ' 21. Street trees shall be planted in conformance with the provisions of Article 13a of Ordinance 460.53 and their location(s) shall be.shown on street improvement plans... · 23. 24. All driveways shall conform to the applicable'Riverside County. $tanda'rds and shall be shown on the street improvement plan). All centerline intersections shall be at go° o~ radial or as approved by the Road Department~ .. The street design and improvement concept of tht~ project shall be coordinated with Tract 13060-5 (FIB X35/87-90) and T~act 13060-- '~ (HB 135/83-86). '.$ch.edule. A' - Team .Cond~t. tons. ~': Page 4 Prtor to reco~tJon of any phase of Tract 21067, proceedings for an assessment district for the construction of a four lane bridge o~ Pala Road at the T~cu.la Creek shall be successfully completed, GH:lh K~NNE'TH L. EDWARI~ f~ll Id&RK~T P, O. IN)X RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RIVERIIDL CALIFORNIA IIlOI December 24, 1985 Riverside County Planning Department County Administrative Center Riverside, California RIVERSIDE CO P UNT NG COMMISSION Attention: Regional Team No. 2 Lad~es and Gentlemen: Tract 21067 (Amended Map No. 3) Tentative Tract 21067 is a proposal to subdivide approximately 46 acres in the Rancho California area. The property is located northerly of Pala Road and southerly of State Highway 79. The property is subject to flooding from two distinct sources. Most of the property lies within the 100 year flood plain of Temecula Creek. The most northerly portion of the property has been designated "floodway" on the Flood Boundary and Floodway Map of the area published in conjunction with the National Flood Insurance Program. The tentative map recognizes this fact and delineates the floodway area as open space. Considerable quantities of Temecula Creek overbank flow may approach the property along the easterly boundary. The property is also subject to flooding from approximately one square mile of local watershed located to the southeast. These flows approach the property along the north side of Pals Road. Under current Federal Emergency Management Agency Regulations the proposed lots must be floodproofed by elevation above expected flooding levels. This will require placing substantial fill material on the property. To avoid blocking overbank flood flows from the east, the tentative map proposes an open flow through area in the vicinity of the intersection of "E" and "F" Streets along with a collection'ditch adjacent to Lots 62-79 and a setback adjacent to Lots 47, 48 and 60. This concept is appropriate if properly designed. Following are the District's recon~endations': That portion of the property which has been designated "floodway" in conjunction with the Flood Insurance Program should be delineated and labeled as "floodway" on the environmental constraint sheet. A note should be placed on the environmental con~traint sheet stating, "Floodway must be kept free of all buildings and obstructions including landfills." .'Riverside County Rat Tract 21067 (Amended Map No. 3) December 24~ 1985 The engineer should submit a hydraulic analysis of Temecula Creek. The study should analyze both existing and proposed geometry and be based on dynamic flow condi- tions. A 100 year flow rate of 36,000 cfs should be uti- lized for design purposes. Building pads for all lots in this tract should be elevated a minimum of one foot above the 'floodway' water surface. 3.. Fill banks which will be exposed to flowing water should be hardened with riprap or concrete to protect against erosion. Velocities greater than 5 feet per second should be considered erosive. The slope protection should extend from the top of embankment to a depth below adjacent ground based on velocity of flow. An area should remain open adjacent to the intersection of 'E" and 'F" Streets to allow for the conveyance of overbank flood flows. The exact width of this area is to be determined at the time of final design and based on the quantity of overbank flow. Slope protection should be provided where erosive velocities are expected. A concrete lined drainage facility should be installed adjacent to Lots 61-79 to convey overbank flows which are not contained in the existing ditch along Pals Road. If located offsite, this facility should be installed within a recorded drainage easment. Alternatively, this facili- ty should be installed within the limits of this tract. The existing concrete lined channel adjacent to Pals Road should be extended upstream to the tract boundary. The channel should be extended downstream to a point past Lot 23. Appropriate energy dissipation facilities should be installed. A grading and building setback of 20 feet along the east- erly side of Lots 47, 48 and 60 should be maintained. This area should be delineated and labeled on the en- vironmental constraint sheet. A note should be placed on the environmental constraint sheet stating, 'The setback area must be kept free of all buildings and obstructions, including landfills.' Drainage facilities located outside of road right of way should be contained within drainage easements shown on the final map. A note should be added to the final map stating, 'Drainage easements shall be kept free of build- ings and obstructions.' .Riverside County Res 'Tract 21067 (Amended Map No. 3) -3- Decend~er 24~ 1985 ccz 10. 12. All lots should be graded to drain to the adjacent street or an adequate outlet. The 10 year storm flow should be contained within the curb and the 100 year storm flow should be contained within the street right of way. When either of these criteria is exceeded additional ~rainage facilities should be installed. Drainage facilities outletting sump conditions should be designed to convey the tributary 100 year storm flows. Additional emergency escape should also be provided. A copy of the improvement plans, grading plans and final map along with supporting hydrologic and hydraulic cal- culations should be submitted to the District for review prior to recordation of the final map. Very truly yours, KENNETH L. EDWARDS ~hief of Planning Division Road Dept. Dept. of Building & Safety McCutchan Company, Inc. MC,bjp DEPARTHE'J*T OF BUILDING AND SAFETY John Btschoff - Supjrvtsinq P'lanner, Team ~%OM, Lou'~anck - £n.qineering Geologist DATZ. 12~12~85 Review of L~quefactton Evaluation for Tentative Trac~ No. 21067 We have-reviewed the report entitled: Preliminary Soil Investigation/Liquefaction study, Tentative Tract No. 21067 (46 Acres), Rancho California, R/verside County, California, dated July 19, 1985~ prepared b~. Leighton a~d Associates, Inc. Project ~o. 6850953-01, Response to October 29, 1985, County review ~f Report Titled "Prelim- inary Soil Investigation/Liquefaction Study, Tenta~/ve Tract No. 21067 '(46-'-~ Acres) Rancho California, California,'dated July 19, 1985, Pro- Ject No. 6850953-01', Prepared by Leighton and Associates, Inc., Pro-. ject No. 6850953-02, Meeting with County Buildin9 and Safety Representatives pertaining to Liquefaction Study, Tentative Tract No. 21067, Rancho California (Leighton and Associates Report dated July 19, 1985, Project No. 6850953- -01), dated December 10, 1985~ prepared by Leighton and Associates, Inc., Project No. 6850943-02. The reports have recognized a Potentially 1tquefiable 'local layer" at the depth of 38 feet. The report states: 'In our opinion, no mitiga- t/on measures are warranted due to the great depth of the soil layer, weight of the overburden soils, and the depth of the ground water table (26 feet).' I would reco,.,,end that a compacted ftll mat and foundation steel reinforcement be considered for th/s local area. It appears that the reports and their addendums satisfy the additional information requested by the Planning Team under the California Envi- ror~ental Quality Act review. 284-143 1/80 TI: DEP~RTMENT OF HEALTN Planning Department - Team 2 fBIM: H. Ralph Luchs, R.S. Administrative Supervisor Environmental Health Services Division (EHSD) BE: SAN 53 Requirements - Tract No. 21067 Am Cm The Environmental Health Services Division has reviewed the tentative map for this project and cannot make any recommen- dations until a sanitation letter is filed. The requirements for a SAN 53 letter are as follows; 1. A satisfactory soils percolation test to prove the project feasible. 2. A clearance letter from the appropriate California Regional Water Quality Control Board. 3. Two copies of the tentative map. A 'will serve" letter from the agency/agencies serving potable water. Should the project be served sanitary sewer service, this Department would need only: A 'will serve" letter from the agency/agencies serving potable water. 2. One copy of the tentative map. If the project is to be served water by existing wells, pumps and water tanks, a water supply permit will be required. (Contact the EHSD, Engineering Section at 787-6543). The requirements for a water supply permit are as follows= Satisfactory laboratory tests (bacteriological, organic, inorganic, general physical, and general mineral) to prove the water potable. m A complete get of plans showing all details of the pro- posed and existing water systems: sizes and types of pipe and calculations showing that adequate quantity and pressure can be maintained (California Waterworks Standards - California Health and Safety Code and California Administrative Code, Title 22). These plans must be signed by a registered civil engineer. DATE: 'September 16, 1985 TO: Assessor Butlding and Safety Surve~r Road Department Health Ftre Protection Flood Control Otstrtct SEP 3 0 ~ COUNTy tlI~NNING COM~ RECEIVED $EP 24 1985 !~ALOMAR OBSERVATORY Southern Caltf. Gas Southern Calif. Edison General Tel ephone Eastern Muni. Water Rancho Calif. Water Conetssioner Bresson Fit. Palomar TRACT NO. 21067 - (Tm 2) - E.A. 20210 Kingsway Construction - McCutchan Co - Rancho California - 1st Supervtsor~al Otst - Ely ~lededtah Smtth Road, Sly I.~.~ 79 - R-R - REOUEST: Schedule ~ Subdivision of 46. acres tnto ]27 lots with No Waiver - (Related Case: CZ 4525) - Hod #11g A.P. ~g26-150-02] & 031 Please review the case described above, along with the attached case map. A Division Committee meeting has been tentatively scheduled for September 26, ~gBS. i ~t clears, it will then go to public hearing. Your cemments and recommendations are requested prior to 5eotember 24, lq85 tn order that we may tnclude then in the staff report for this particular case. Should:you have any questions regarding thts 1tern, please do not best tare to contact David Haresat 787- .2332 Planner Cg~ENTS: PLEASE SEE ATTACHED DATE: 9/2~/85 SIGNATURE PLEASE print name and tttle Dr. Robert'"~. Brucato/~ststant D/rector/Palomar 4080 LEMON STREET, 9TM FLOOR RIVERSIDE. CALIFORNIA 92501'3657 (714t 787-618! 46-209 OASIS STREET. ROOM 304 INDIO, CALIFORhlIA .°2201 (619) 342-8277 CALIFORNIA INSTITUTE OF TECHNOLOGY OFFICE OF THE DIRECTOR PALOMAR OBSERVATORY 101.34 This case is vithin 30 miles of the Palomar Observatory and is therefore viebin the zone requiring the use of lov-pressure sodium vapor lamps for street ilsbeing, a~ s=ipulaced by the ltiverside County Board of Supervisors. We reques= Chat the design for ocher CTpez of outdoor lighting chac may be employed on this property be ude consistent rich the spirit of the decision of the Board of Supervisors vhich is intended Co mitigate the adverse effects such facilities have an the astranc,mtcal reseaxch aC Palomar. Beneficial steps Co Chac end include: 1. Use the minimum amount of light needed. 2. Orient and shield light Co prevent direct upward illumination. 3. Turn off lights vhen Che.v are noc needed. &. Use lov-pressure sodium lamps Co the greatest extent possible. Yor further informsClan, call (818) 356-4035. Robert J. Brucaco Assistant Director PASADENA. CALIFORNIA e11~.s TELEPHONE 11111 .!,Se.4O.~'~ TELEX e~'S4~.S CALTECH PSD RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY ~ CHIEF 12-02-85 To -' PLANIq~NG DF. PARTI~Evr 210 WEST SAN JACINTO AVF. NUE PERRIS, CALIFORNIA 92370 'r~LEPHON~: (714) 657-3183 Attn: Teem Re.* TR 21067 - A~endment #3 With respect to the conditions of approv&l for the above referenced land division, the Fire I)epart~ent recoe~nends the following fire protection ~easures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: YLRE PROTECTION Schedule "A" fire protection approved standard fire hydrants, (6"x&"x2~") located one ·t ~ach street intersection and spaced no ~ore than 500 feet apart in any direction, with no portion of any lot front·g· ~ore than 250 feet from · hydrant. Hiniamm fire flow shall be 500 GPH for 2 hours duration ·t 20 PSI. Applicant/developer shall furnish one (1) copy of the water system plans to the Fire Department for review. Plans shall confor~ to fire hydrant types, location and spacing, and, the system shall Let the fire flow requirements. Plans shall be si~ned/approved by a registered civil engineer and the local water company with the following certifications "! certify that the design of the water system is in accordance with the require~nts prescribed by the Riverside County Fire Department." HITiGATION FEES Prior to the recordation of the final mp, the developer shall deposit with the Riverside County Fire Department, · cash sum of $300.00 per lot/unit as mitigation for fire protection i~p·cts. Should the drveloper choose to defer the time of payment, he may enter into · witten agreement with the County deferring said payment to the time of issuance of · building permit. All questions regarding the ~eaninq of the conditions shall be referred to the Fire Departa~nt Planning and Engineering staff. cdt Planning Officer Planning Deparment - Team November 25, 1985 H. Ralph Luchs, R.S., Senior Sanitarian - Enviru, m~ntal Health Services Division Tract No. 21067 - Amended Map No. 3 The Envirormental Health Services Division has reviewed the Amended Map No. 3 dated November 19, 1985. Our current coanents ·rill ruin as stated in our previous letter dated October 4, 1985. Hl~:cg 1985 RIVERSIDE COUNTY PLANNING COMMISSION DEPARTMENT OF HEALTH October 4, 198S OCT ' ? 1665 Riverside County Planning Department - Team 2 4080 Lemon St. Riverside, CA 92501 Ill~l~rllSlDf CO~TY (lo/1/86 Amended Hap No. l) RE: TRACT NO. 21067; Parcel 2 of PH 6427 as shown on map filed in ~H 17/72 and Parcel 4 of PH 8856 as shown on map filed in PM 41/72-75. (125 Lots) Gentlemen: The Department of Public Health has reviewed Tentative Map No. 21067 and recommends that: A water system be installed according to plans and specifications as approved by the water company and the Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one inch equals 200 feet, along with the original drawing, to the County Surveyor. The prints shall show the internal pipe diameter, location of valves and fire hydrants.; pipe and joint specifications, and the size of the main at the junction of the new system to the existin~ system. The plans shall comply in all respects with Div. 5, Part 1, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 22, Chapter 16, and General Order No. 103 of the Public Utilities Commission of the State of California,.when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certify that the design of the water system in Tract No. 21067 is in accordance with the water system expansion plans of the Rancho California Water District and that the water service, storage and distribution system will be adequate to provide water service to such tract. This certification does not constitute a guarantee that it will supply water to such tract at any specific quantities, flows or pressures for fire protection or any other purpose." This certification shall be .signed by a responsible official of the water company. The plans must be submitted to the County Surve[or's Office to review at least two weeks prior to the request for _t-he recordation of the final map. This Department has a statement from the Rancho California Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangement are completed'with the subdivider. It will be necessary for the £inancial arrangements to be made prior to the recordation of the final map. Planning Department TRACT NO. 21067 -2- October 4, 1985 This Department has a statement from the Eastern Municipal Water District agreeing to allow the subdivision sewage.system to be connected to the sewers of the district. The $ewer..system shall be installed according to.plans and specifications as approved by the district, the County Surveyor and the Health Department. Permanent prints of ihe plans of the sewer system shall be submitted in triplicate, along ~ith.the original drawing, to the County Surveyor. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications, and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and water lines shal~ be a portion of the sewage plans and profiles. The plans shall be signed by a registered engineer and the sewer district with the following certification: "I certify that the design of the se~er system in Tract No. 21067 is in accordance ~ith the sewer ,system expansion plans of the ~astern Municipal Water District and that the waste disposal system.is adequate at this time to treat the anticipated wastes from the proposed tract." The plans must be submitted to the County Surveyor's Office to revie~ at least. t~o weeks prior to the.request for the recordation of the final map. _ It will be necessary for the financial arrangements to'be made prior to the recordation of the final map. Sincerely, H. R.S. Administrative Supervisor HRL:cg CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP / TRACT NO. 21760 DATE 02\05\91 FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY IMPROVEMENTS Streets and Drainaqe $ 1,255,500. O0 $ 628,000.00 Water $ 149,500. O0 $ 75,000.00 Sewer $ 166,500. O0 $ 82,750.00 TOTAL $ 1 , 571 . 500.00 $ 785,750.00 *Maintenance Retention (10% for one year) *(or Bonds if work is completed) $ 157,150.00 Monument Security City Traffic Signing and Striping Costs RCFC Drainage Fee Due Signalization Mitigation Fee - SMD ~ Road and Bridge Benefit Fee Other Developer Fees $ 31,284.00 $ -0- $ -0- $ 12,900.00 $ -0- Plan Check Fee Due Inspection Fee Due Monument Inspection Fee Fee Paid To Date (Credit) Total Inspection/Plan Check Fees Due 56,397.19 53,362.98 -0- 109,760.17 FORMS\ENG5 ITEM NO. 20 MEMORANDUM TO: FROM; DATE: SUBJECT: City Council Planning Department April 23, 1991 Western Ridgeline Policies At the request of Mayor Parks, the Western Ridgeline Policies have been placed on the agenda for reconsideration by the City Council. On April 9, 1991, the City Council continued this item, at the request of Larry Markham, to their meeting of April 23, 1991. The Planning Staff has the following concerns regarding development on the Western Ridgeline: 1. Potential aesthetic impacts as viewed from the City of Temecula basin. Potential inconsistency with the City's future General Plan. if said plan includes Western Ridgeline Policies· R ECOMMEN DAT I ON: OM: ks Attachments: Based on the fact that the City of Temecula does not have an adopted General Plan; and since the City utilizes the Southwest Area Community Plan as a 9uideline document only. Staff recommends that the City Council: DIRECT Staff to develop interim Hillside and Open Space Policies to be used as the City of Temecula's Western Ridgeline Policies until the General Plan is adopted, City Council Staff Report (dated April 9. 1991) City Council Minutes (dated April 9. 1991) A: WESTR I DGE\MEMO~+-23 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council City Clerk April 9, 1991 Consideration of Western Ridgeline Policies RECOMMENDATION: policies. Provide further direction to staff regarding the desired BACKGROUND: Mayor Parks requested that this matter be placed on the Council's agenda for reconsideration. Planning staff has prepared a memorandum which is attached to this report. Attachment: Memorandum - Western Ridgeline Policies jsg MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Planning Depar tmen~/ April 9, 1991 Western Ridgeline Policies At the request of Mayor Parks, the Western Ridgeline Policies have been placed on the agenda for reconsideration by the City Council. On March 12, 1991, the City Council directed Staff to develop Hillside and Open Space Policies to be used as the City of Temecula's Interim Western Ridgeline Policies until the General Plan is adopted. This direction was in response to a development proposal on the Western Ridgeline currently under review by the County of Riverside (Change of Zone No. 5748 and Tentative Tract Map No. 25980). The Southwest Area Community Plan policies: (SWAP) has the following 1. Hillside Policies The "Hillside" designation is applied to relatively small isolated topographic features with slopes in areas of 25% or greater. Development within the Hillside area shall follow design Policy 1 (a). These features should be incorporated, when possible, into the design of development proposals as open space, and/or larger lot sizes. The Hillside designation shall have a five (5) acre minimum lot size or .2 DU/AC for density transfer purposes. 2. Open Space Policies a. Mountainous (1) The minimum lot size permitted within the Mountainous designation shall be 10 acres, permitting a 5 acre minimum lot size in the Santa Rosa/DeLuz Area, in accordance with policy (10), (11) and (13). STAFFRPT\WESTRIDG City Council April 9, 1991 Page 2 (2) (3) (4) (5) (6) (7) (8) (9) Post and beam construction and special foundations designed to resist earthquake shaking shall be encouraged in areas with slopes in excess of 25% to reduce excessive grading. Development in Mountainous areas shall blend into the natural features of the site and shall attempt to avoid an unvaried, unnatural or manufactured appearance. Narrow canyons which might create a significant fire hazard shall be left undeveloped. Structures must be setback a minimum of 30 feet from any slopes greater than 25% and 30 feet in height and, excepting lawns and some ornamentals and groundcovers, natural vegetation shall be cleared for a distance of not less than 30 feet from any structure. Roads and driveways should attempt to try to avoid alignment through areas of natural slopes in excess of 25%. Roads crossing drainage channels shall provide for proper drainage, and placement of drainage channels which might undermine or erode the roadbed shall be avoided. All driveways shall be constructed with a finished grade of no more than 15%. Erosion and sedimentation control shall be encouraged with retention of existing trees, vegetation, planting of cut and fill slopes, construction of retaining walls, dikes, proper cover and an irrigation system calibrated to soil permeability. STAFFRPT\WESTRIDG City Council April 9, 1991 Page 3 (10) Within the Santa Rosa/DeLuz Area, land divisions creating parcels less than 10 acres in size shall provide paved roads that are connected to a maintained road system, or shall be required to form an assessment district to provide such paved access. (1!) Each proposed lot less than 10 acres in size, within the Santa Rosa/DeLuz area shall be able to provide a minimum 10,000 square foot building pad, unless post and beam construction is to be utilized. (12) The boundaries of the Hillside and Mountainous designations are based on general topographical data. Therefore, the lines should not be considered final for the purposes of determining how much of a given parcel is inside or outside the Mountainous or Hillside designation. Development applications located on the edge of the Mountainous or Hillside designations may be accompanied by more detailed topographic data to further define slope characteristics of the parcels in relation to the parcel. (13) Building sites shall not be permitted on the Western Ridgeline as identified on the land use allocation map. Projects proposed within the area of the Western Ridgeline shall be evaluated on a case by case basis to ensure that building pad sites are located so that buildings and roof tops do not project above the ridgeline as viewed from the Temecula Basin. All projects within a 1/2 mile of the western ridgeline shall also be evaluated on a case by case basis to determining if the building site will have an adverse impact to the ridge line as viewed from the basin. The Planning Staff has the following concerns regarding development on the Western Ridgeline: Potential aesthetic impacts as viewed from the City of Temecula basin. STAFFRPT\WESTRIDG City Council April 9, 1991 Page 4 Potential inconsistency with the City's future General Plan, if said plan includes Western Ridgeline Policies. Based on the above mentioned proposal that is currently under review by the County of Riverside; due to the fact that the City of Temecula does not have an adopted General Plan; and since the City utilizes the Southwest Area Community Plan as a guideline document only, Staff suggests that the Hillside and Open Space Policies of the Southwest Area Community Plan should be incorporated into interim City policies regarding the Western Ridgeline until the General Plan is adopted. OM:ks APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF T~M~CUI~ AGenDA R~PORT City Council/City Manager Planning Department March 12, 1991 Western Ridgeline Policies PREPARED BY: RECOMMENDATION: Oliver Mujica The Planning Department Staff recommends that the City Council: Direct Staff to develop interim Hillside and Open Space Policies to be used as the City of Temecula's Western Ridgeline Policies until the General Plan is adopted; and direct Staff to forward said policies to the County of Riverside. Forward a recommendation to the County of Riverside relative to Change of Zone No. 5748 and Tentative Tract Map No. 25980. BACKGROUND: On February 11, 1991, the Planning Department received a letter of transmittal from the Riverside County Planning Department regarding their processing of Change of Zone No. 57tt8 and Tentative Tract Map No. 25980. Change of Zone No. 5748 proposes to change the zoning designation of the subject 71.48 acre site from R-A-20 {Residential Agricultural - 20 Acre Minimum Lot Size) to R-A-5 {Residential Agricultural - 5 Acre Minimum Lot Size). STAFFRPT\WESTRIDG 1 ANALYSIS: Tentative Tract Map No. 25980 proposes to subdivide the subject 71./48 acre site into eleven (11) residential lots. The proposed density is 1 DU/6.50 acre, with a minimum lot size of 5 acres. On February 27, 1991, the Planning Department received a copy of the Final Staff Report, from the Riverside County Planning Department, for Change of Zone No. 57L~8 and Tentative Tract Map No. 25980 which was scheduled for the Riverside County Planning Commission Public Hearing of March 6, 1991. The recommendation of the Riverside County Planning Department is for denial (see attached report) based on the following: The proposed project is not consistent with the Southwest Area Community Plan and the Comprehensive General Plan, The proposed project is not consistent with Ordinance No. 460. 3. The proposed project's visual impact is currently unmitigated. On March 1, 1991, the City of Temecula Planning Department Staff presented a letter to the Riverside County Planning Department (attached) requesting that -the item be continued to a County Planning Commission Public Hearing date after March 12, 1991, in order to allow the City of Temecula City Council the opportunity to submit a formal response regarding Change of Zone No. 5748 and Tentative Tract Map No, 25980; and forward formal policies of the City of Temecula regarding development on and adjacent to the Western Ridgeline, The Southwest Area Community Plan (SWAP) has the following policies: 11. Hillside Policies ae The "Hillside" designation is applied to relatively small isolated topographic features with slopes in areas of 25%. be These features should be incorporated, when possible, into the design of development proposals as open space, and/or larger lot sizes. The Hillside designation shall have a minimum lot size of minimum or .2 STAFFRPT\WESTRIDG 2 12. DU/AC for density transfer purposes. Development within the Hillside area shall follow design Policy 12 (a). Open Space Policies a. Mountainous {1) The minimum lot size permitted within the Mountainous designation shall be 10 acres, permitting a 5 acre minimum lot size in the Santa Rosa/DeLuz Area, in accordance with policy (12) and (13). (2) Post and beam construction and special foundations designed to resist earthquake shaking shall be encouraged in areas with slopes in excess of 25% to reduce excessive grading. {3) Development in Mountainous areas shall blend into the natural features of the site and shall attempt to avoid an unvaried, unnatural or manufactured appearance. Narrow canyons which might create a significant fire hazard shall be left undeveloped. (s) Structures must be setback a minimum of 30 feet from any slopes greater than 25% and 30 feet in height and, excepting lawns and some ornamentals and groundcovers, natural vegetation shall be cleared for a distance of not less than 30 feet from any structure. (6) Roads and driveways should attempt to try to avoid alignment through areas of natural slopes in excess of 25%. STAFFRPT\WESTRIDG 3 (7) (8) (9) (10) (11) (12) Roads crossing drainage channels shall provide for proper drainage, and placement of drainage channels which might undermine or erode the roadbed shall be avoided. All driveways shall be constructed with a finished grade of no more than 15%, Building pads may be permitted on hilltops and ridgelines (excluding the Western Ridgeline, Policy ltt), when grading would be minimized, and mitigated by landscaping and/or special treatment. Eros ion andsed imentation control shall be encouraged with retention of existing trees, vegetation, planting of cut and fill slopes, construction of retaining walls, dikes, proper cover and an irrigation system calibrated to soil permeability. Within the Santa Rosa/DeLuz Area, land divisions creating parcels less than 10 acres in size shall provide paved roads that are connected to a maintained road system, or shall be required to form an assessment district to provide such paved access. Each proposed lot less than 10 acres in size, within the Santa Rosa/DeLuz area shall be able to provide a minimum 10,000 square foot building pad, unless post and beam construction is to be utilized. STAFFRPT\WESTRIDG 4 DISCUSSION: {13) The boundaries of the Hillside and Mountainous designations are based on general topographical data. Therefore, thelinesshould not be considered final for the purposes of determining how much of a given parcel is inside or outside the Mountainous or Hillside designation, Development applications located on the edge of the Mountainous or Hillside designations may be accompanied by more detai led topo9 raph ic data to further define slope characteristics of the parcels in relation to the parcel, (1~) Building sites shall not be permitted on the Western Ridgeline as identified on the land use allocation map, Projects proposed within the area of the Western Ridgeline shall be evaluated on a case by case basis to ensure that building pad sites are located so that buildings and roof tops do not project above the ridgeline as viewed from the Temecula Basin. All projects within a 1/2 mile of the western ridgeline shall also be evaluated on a case by case basis to determining if the building site will have an adverse impact to the ridge line as viewed from the basin. The Planning Staff has the following concerns regarding development on the Western Ridgeline: Potential aesthetic impacts as viewed from the City of Temecula basin, Potential inconsistency with the City's future General Plan, if said plan includes Western Ridgeline Policies. STAFFRPT\WESTRIDG 5 RECOMMENDATION: Based on the above mentioned proposal that is currently under review by the County of Riverside; due to the fact that the City of Temecula does not have an adopted General Plan; and since the City utilizes the Southwest Area Community Plan as a guideline document only, Staff suggests that the Hillside and Open Space Policies of the Southwest Area Community Plan should be incorporated into interim City policies regarding the Western Ridgeline until the General Plan is adopted, The Planning Department Staff recommends that the City Council: Direct Staff to develop interim Hillside and Open Space Policies to be used as the City of Temecula's Western Ridgeline Policies until the General Plan is adopted; and direct Staff to forward said policies to the County of Riverside. e Forward a recommendation to the County of Riverside relative to Change of Zone No. 5748 and Tentative Tract Map No. 25980. OM: ks Attachments: Riverside County Planning Commission Staff Report (dated March 6, 1991) Letter to Riverside County Planning Department (dated March 1, 1991) STAFFRPT\WESTRIDG 6 FROM ~IU CHTY PL~NHIHG DEPT, 62,27,1991 16:I~ H0.16 P, 2 Z. onin~ Are. a: Santa gosa E~cho $uporviscu'ial Distr~ct: Phrs: H.A. Number: 34~17 Regional T~n No.: O~e PROIECT PLANNER: RALPH L. WILLIAMS CHANGE OF ZONE NO. ~748 TENTATIVE TRACT MAP NO. 2S980 AM1~'DED NO. 1 Planning Commission: March 6, 1991 Agenda Item No.: 2-1 RIVERSIDE COUNTY PLANNLNG DEPARTMENT STAFF R£PORT 10. 11. 12, Applicant: EngineerlRcp.: Tyl~ of Location: Existing Land Us= (Exhibit #1): Surrounding Land Use (Exhibit #1): Existing Zoning (Exhibit ~2): Surrounding Zoning (Exh~lt Comprehensive General Plan: Land Division Data: LeUers (Opposing/Supporting): Sphere of Irdlucnc~: Pctcr ~md .Iudy Rosen Markham and Associates Change the zoning on 71.48 acres from R-A-20 to R-A-5 and subdivide the same · creage into ! 1 lots. Localzd northeast of' Via Horca and north of Camino Ga:illo Vacant parcel Vacant parcels. groves and single family r~sidence R-A-~-0 R-A'20, R'A'10, and R-A-5 Soutl~west Area Community Plan (SWAP) Land Use: Category IV, Residential Density: l0 acres minimum OI~n SpaceiCons.: Mountainous Tolal Acreage: 71.48 ' T0ml Lou: 11 DU Per Acr~: 1 du/6.50 acres Proposed Min. Lot Size: I$ acres Nons ~eeived as of this writing Adjacent to City of Temecula RECOMMENDATIONS: r~'?~IAl. of CHANGE OF ZONE NO. S7,~ from l~-A-20 io R-A-f b~sed on the fmdings and conclusions incorlx)ratad in the staff re~rt; and DENIAL of TKNTATIYE TRACT MAP NO. 25980, AMENDED NO. 1, based on the findings and conclusions h~corpora~ed in the suff report. FRO~ R1U CNTV PLANNING DEPT, ~2,27,1991 1~:~ HO,l~ P, Z CI~ANGE O1r ZONE NO. TENTATIVE TEACT MAP NO. Ai~NDED NO. 1 Staff Report Cha~ge of Zone No. 5748 and Tentative Tt~ct Ma.p No. 25980, Amended No. 1 are conah=rcnt re~uc$:s to change me zoning on aplxox:Imatcl)' 71.48 acr~ from It-A-20 to R-A-5 and subdivkle the site into eleven residential parcels with a minimum of five (5) a~C$. The site Ls located northeast of Via Horca and north of Camino Gatillo in the Sant~ P-o~ Rancho Area. 3. The site is deaignatcd as Mountainous by the Southwe. st Area Community Plan (SWAP). The project is subject to Category IV lnnd use policies. The Site Is currently vacant. Current land u~s tncl'.~d¢ vacant pa.rccls, groves, and slnglc tam fly residence. 6. The site is zoned R-A-X}. Surrounding znning includes R-A-20, R-A-10, and R-A-5. Outstanding scenic vistas and visu-..l f~turc.s, such as the ridgellnc west of Interstate 15, shall be preserved ~nd protein. The project is within a 1/2 mile of the Western Ridgeline. ]L~tsed on te Ridgeline policies all projects within a 1/2 n'tile of the western ridgeline shall be evalisted on a case by ca.sc basis to determine if the building site will have an adverse impact to the ridge. line as viewed from the basin. e Based on the information provided by the applicant nine of the eleven proposed pad sites will have homes viable in profie from the Temecula l~uin. 10, 'me current project hM not reccivc~ clearance from the Fire Department. I1. Environmental concerns included: Fires Services, schooh, slope, erosion,'hazanlous fire area, Mount Palomar, agriculture, wildlife, vegetation, scenic resources, and archaeological resources. 12. The ptoject's visual impact Is currently unmitigated. FROM RIU CN7¥ PLgNNING DEPT, g2,27,1991 {d:37 NO,14 P, 4 CHANGE O1' ZONE NO. TENTATIVE TRACT MAP NO. AMENDED NO. 1 $t~ff lh~rt ])a~e 3 CONCLUSIONS: The proposed project is not consistent with the Southwe.st Area Community Plan and the Comprehensive General Plan. 2. The proposed project is not consistent with Ordinance No. 3. The pro~sed proj~:'s vlsual impact is currently unmitigated. ~JiALY$IS: Project Description_ Change of Zone No. 5743 and Tentative Tract Map No. 25980. Amended No. I are concurrent re~tuests to change the zonin$ on approximately 71.~tg acres from R-A-20 to R-A-3 and subdivide the same acreage into eleven reaidentifl pareels with a minimum of five (5) The site Is leesteel northeast of via Heres and north of Camino Oati]lo in the Santa Rosa Rancho zoning area. Plan Consistency Arm C~mpatibility Ttte $buthwest Area Community Plan (SWAP) dmignation for the project site ,.': Mountainous - I0 acres. Five (5) acre 17dxc, els are permitt~ in the Santa Rosa De Luz area if ~hey are able to provide a minimum of 10,000 ~q~e foot pad and ra~t other grading criteria. The site is located within 1/2 mile of the Western Pddgeline as identified by SWAP. Under SWAP all projects within a 1/2 mile of the Western Ridgellne shall also be evaluated on a ease by ease b~ia to determine if thc buildhaI sits will have an adverse impact to the ridgeline as viewed from the Temecula Basin. Under SWAP'S General Design oansidcratlons "Outstanding scenic vistas and visual features such as ridgeline west of Intentate l:i, shall be preserved and protected'. Southwest Area Community Plan Open Space lyalicies ~iountainous - lqo. 14) state °... buildlnS sites shall not be permitted on the western ridgeline as idcntified on the land use allocation map.' P,-ojegta proposed within the ar~a of the we,stern rldgoline must be evaluated on It case by case b'~is to ensure that buildin/: pad sitr, s &r~ located so that buildln$s and roof tops do not project above the ridgeline as viewed from the Temecula Basin (see Exhibit B). The information supplied by lhe applicant (photos. partiff line of sight profile) and the prominent lo,.-ation of the site indicates that approximately 9 of the 11 pad sites will have houses visible ~n profile from the Tem~cula Basin. Based on the above Staff finds the project as designated to 1~ tnconsistr. nt with $WAP'S Western Ridgeline policies. FROM RIU CHTV PL~NHIHG DEPT. 82.27.]99] ]6:J8 NO.16 P. $ CHANGE O~' zONIg NO, $748 TENTATIVE TRACT MAP NO. 25980 AIVIENDED NO. 1 Staff Report Page 4 The project site is vacant. $urrom~dlng land uses ar~ vacant parcels, gruv~, and single Family residential. The site is currently zoned R-A-20. Surrounding zoning includes R-A-20, R-A-10, and R-A-5. Ordinanc~ Cons;st~ncy County Fire Department recommends Clental of Tentative Tract Mi~p No. 25980, Amcnd~ No, 1 per Ordinance 460 section 3.2 (1) (See fir~ letter), Santa Rosa Community $ervic~ Distri~ indicatad that the some driveway locations ~hown do not provide adequate $isht dista,-~c¢. Environmental Assessmen~ The initial study for ~_nvlronmental Assessment No. 34917 was completed for the project. The environmental assessment identified the following megs of concern: schools, slopes, erosion, agriculture, h_,,_r,,_rdous f'u:c area, Mount Palomar Wildlife and vegetation, Archaeological Resources and Scenic Resources. The environmental asses__m~ent concerns have been addressed as follows: Schools: Impact~ to the school system giving the area will b~ mitigated through the payment of s~m mandated fees. Slopes and Erosion: Slope Stability Report No. 269 was prepared for the site to address these concerns: specific recommendations are found in the County Enginc~ring Geologist letter dated luly :14, 1990. l-Iazar~0us ~ Area: Ordinance No. 460 requ~rnents for the maximum length of a cul-do- sac in a Hazardous Fire Area have not bc~n met. See Fir~ Departmcnt letter dated December 20, 1990 Muuat Palomar: The altg is within 45 mile, a of Mr. Palomar Observatory. Mitigation will through requircd'confonna~ce witli Or~ilnance No. 655. Agriculture: The site is designated unique farmland by lhe Comprehensive General Plan. The site is vacant and does not have any existing groves on site. No mitigation is required. CHANGE OF ZONE NO. S748 TZA'TATI~E TRACT MAP NO. ~980 AMlr. NDED NO. 1 Staff Report P~e S Wildlife ~d Vegetation: Biological Survey No. 703 wa~ prepared for the site. Specific recommendations and mitigation are includcd in the conditions of approval. Archaeolo~cal Rcsources: Arc, haeological Survey No, I623 wa~ oonductect for the site and no cultural resources constraints exlst and no archaeological resources were found. Scenic Resources: The proposed tentative map will result in creation of building pads along the ridgeline. This impact is currently unmitigated as the project is designed. RLW:lgg 2/22/91 FROM RIU CHTY PLANNING DEPT, e2,27,19~I 16155 NO,J6 P, 7 ":::~i: .... ;-.,,,~'..::: : ........ : VAC, GROVES -- GROVES · GROVES CZ 5748/TR' 25980 LAND USE k,& SANTA ROSA RANCHO Bros, E5 I~ 'i'.' TEMECUL A "- LOC)AT~ON, MAP Sul). 15t I COIlIITY I)LAItNIN4 IE~4~TMENT I.o~c^~E FROM RIV CNT? PLANNING DEPT, e2,27,1991 16:59 Ho,16 P, ~CiTY -A-5 R-A-20) R-A-20 R-A-20 · . R-A-5 TEMECULA CZ 5748/TR 25980 PROPOSED ZONING I Ex. 2 -.,,,~ J~ zoo. ~NTA ROSA RANCHO ~Su~: 1st 1"= 8~' RIVERSIDE COUNTY PLANNING DEPARtBENT FRO~ RI~ CNT~ PLANNING DEPT, e2,27,1991 16:4e NO,16 P, ~ 180 \ / 'J 1" = -CZ 5748/TR 25980 CP-SWAP Sec. t'~. 1 13. Zone. SANTA ROSA RANCHO A~'ea 940-090, 140 Oist. 15~ Bros. lEO Drawn By: 2000' RIVERSIDE COUNTY !~LANNING DEPARTMENT t NO SCALE LOCATION ',.:.J I Ronald J. Park5 May~ Patricia H. Birdsall Mayor Pro Tern Karel E Undernans Peg Moore J. Sal Muf~oz David E Dixon [714} 694-1989 FAX 17141694-1999 City of Temecula 43 i 72 Business Park Drive .Temecula, California 92390 March 1. 1991 Ms. Laurie Dobson, Senior Planner Riverside County Planning Department t~080 Lemon Street, 9th Floor Riverside, CA 92501 SUBJECT: Change of Zone No. 5748; and Tentative Tract Map No. 25980. Amended No. 1 Dear Ms. Dobson: This letter is in response to the Staff Report received from your office on February 27, 1991, regarding Change of Zone No. 5748 and Tentative Tract Map No. 25980, Amended No. 1. The City of Temecula Plannin9 Department Staff has the followin9 concerns relative to the proposal: Inconsistency with the Southwest Area Community Plan (SWAP) hillside and open space policies, 2. Potential aesthetic impacts. 3. Potential inconsistency with the City~s future General Plan. Potential inconsistency with the City's future Western Ridgeline Policies. The City Council would appreciate the opportunity to submit a formal written response regarding the project, as well as the City~s Western Ridgeline Policies. However, the next available City Council meeting is scheduled for March 12o 1991. It has been noted that Change of Zone No. S7~8 and Tentative Tract Map No. 25980, Amended No. 1 are scheduled for the Riverside County Planning Commission Public Hearing of March 6, 1991. Therefore, the City of Temecula recommends that the project be continued to a public hearing date after March 12, 1991, in order to allow the City the opportunity to formally respond to the project. Ms. Laurie Dobson March 1, 1991 Page 2 Should you have any questions regarding this matter, please do not hesitate to contact me directly at (71~) 69q-6~00. Respectfully submitted, CITY OF TEMECLtLA Gary Thornhill Planning Director GT:ks CC: Riverside County Planning Commissioners Ralph L. Williams, Riverside County Planning Department David F. Dixon, City Manager, City of Temecula ITEM NO. 21 APPROVAL CITY ATTORNEY FINANCE OFFICER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council City Clerk April 9, 1991 Zone Change No. 5748; and Tentative Tract Map No. 25980 RECOMMENDATION: Direct staff to forward a recommendation of denial to the County of Riverside Planning Department relative to Change of Zone No. 5748 and Tentative Tract Map No. 25980. BACKGROUND: At the request of Markham and Associates, Mayor Parks asked that this matter be placed on the Council's agenda for reconsideration. Planning staff has prepared a memorandum which is attached to this report. Attachment: Memorandum Change of Zone No. 5748; and Tentative Tract Map No. 25980 jsg T(~)~ FROM: DATE: SUBJECT: MEMORANDUM City Council __ / Plannin9 Dep.artment ~_~ April 9, 1991 Change of Zone No. 5748; and Tentative Tract Map No. 25980 At the request of Markham & Associates, Change of Zone No. 5748 and Tentative Tract Map No. 25980 have been placed on the agenda for reconsideration by the City Council. On March 12, 1991, the City Council directed Staff to notify the County of Riverside Planning Department that the City Council supports the County's recommendation for denial, which is based on the following: The proposed project is not consistent with the Southwest Area Community Plan and the Comprehensive General Plan. 2. The proposed project is not consistent with Ordinance No. 460. 3. The proposed project's visual impact is currently unmitigated. The Planning Staff has the following concerns regarding development on the Western Ridgeline: 1. Potential aesthetic impacts as viewed from the City of Temecula basin· Potential inconsistency with the City~s future General Plan, if said plan includes Western Ridgeline Policies. R ECOMMEN DAT ION: Based on the fact that the above mentioned proposal that is currently under review by the County of Riverside is not consistent with SWAP; due to the fact that the City of Temecula does not have an adopted General Plan; and since the City utilizes the Southwest Area Community Plan as a guideline document only, Staff recommends that the City Council: DIRECT Staff to forward a recommendation of denial to the County of Riverside Planning Department relative to Change of Zone No. 5748 and Tentative Tract Map No. 25980. OM:ks PLANNING\25980.TM\ks MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Planning Department April 23, 1991 Change of Zone No. 5748; and Tentative Tract Map No. 25980 At the request of Markham & Associates, Change of Zone No. 5748 and Tentative Tract Map No. 25980 have been placed on the agenda for reconsideration by the City Council. On April 9, 1991, the City Council continued this item, at the request of Markham & Associates, to their meeting of April 23, 1991. On April 8, 1991, the Planning Department conducted a project meeting, in which the following individuals were present: Gary Thornhill, City Plannin9 Director Joe Richardson, Riverside County Planning Department Laurie Dobson, Riverside County Planning Department Larry Markham, Markham & Associates The purpose of the meeting was to discuss project issues, with respect to its inconsistency with the Southwest Area Community Plan (SWAP). Based on the discussion at the above mentioned project meeting, the Planning Staff still has the following concerns regarding development on the Western Ridgeline: 1. Potential aesthetic impacts as viewed from the City of Temecula basin. Potential inconsistency with the City's future General Plan, if said plan includes Western Ridgeline Policies. RECOMMENDATION: Based on the fact that the above mentioned proposal that is currently under review by the County of Riverside is not consistent with SWAP; because the City of Temecula does not have an adopted General Plan; and since the City utilizes the Southwest Area Community Plan as a guideline document only, Staff recommends that the City Council: PLANN I NG\ 25980-A. TM\ks City Council April 23, 1991 Page 2 DIRECT Staff to forward a recommendation of denial to the County of Riverside Planning Department relative to Change of Zone No. 5748 and Tentative Tract Map No. 25980. OM: ks Attachments: City Council Staff Report (dated April 9, 1991) City Council Minutes (dated April 9, 1991) PLANNING\25980-A.TM\ks ITEM NO. 22 APPROVAL FINANCE OFFICER--' CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department April 23, 1991 Radio and Television Transmitting Antennas PREPARED BY: R ECOMMEN DAT ION: BACKGROUND: Oliver Mujica The Planning Department Staff recommends that the City Council: DIRECT the Planning Staff as to what types of issues and development standards criteria the Planning Commission and Planning Department Staff should examine in drafting new zoning regulations for antennas in the City of Temecula, On January 8, 1990, the City Council adopted Ordinance No. 90-01, declaring a forty-five 145) day moratorium on the construction and location of radio and television transmitting antennas. The moratorium was based upon the following findings: 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 antennas within the City, 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 antennas. 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. A:RADIO.ANT 1 ANALYSIS: That if such moratorium were not imposed, construction of such television and radio transmitting antennas would be undertaken which could very well frustrate the zonin9 proposal to be examined and studied. On February 13, 1990, the City Council adopted Ordinance No. 90-03, declaring a ten 110) month and fifteen 115) day extension of Ordinance No. 90-01, which was due to expire on February 23, 1990. On January 8, 1991, the City Council adopted Ordinance 91-01, declaring a one I1) year extension of Ordinance No. 90-01 to January 8, 1992. At that time, the City Council directed Staff to bring this matter back to Council in sixty 160) days to formulate guidelines for proper zoning. Definitions For the purpose of identifying different types of antennas to be incorporated into the Antenna Ordinance, the Planning Staff has prepared the following definitions: AMATEUR RADIO ANTENNA - Any antenna array and its associated support structure used to receive and/or transmit radio signals on the amateur radio bandwidth, as designated by the Federal Communications Commission. SATELLITE ANTENNA - Any antenna used to receive broadcasts relayed from orbiting communication satellites, TRANSMITTING ANTENNA - Any antenna and its associated support structure used to receive and/or transmit radio or television signals, CELLULAR TRANSMITTERS - Any associated support structure used to telephone signals. antenna and its transmit cellular EXEMPT ANTENNA - Any common skeletal type radio and television antenna used to receive UHF, VHF. AM and FM signals of off-air broadcasts from radio and television stations, Location of Antenna Non-commercial antennas li.e. Amateur. satellite) are permitted in all zones as an accessory use. Commercial broadcasting antennas are permitted in the R- R and W-2 zones by right, They are also permitted. A: RADIO. ANT 2 subject to a discretionary plot plan approval, in the C- 1/C-P, C-P-S, M-SC, M-M and M-H zones. Exhibit "A" illustrates the location of these zones. Development Standards Zoning Ordinance No. 348 currently provides the following Development Standards, relative to the installation of Antennas: Section 18.20 (Non-Commercial) Height Exceptions - Structures necessary for the maintenance and operations of a building and flagpoles, wireless masts, chimneys, or similar structures may exceed prescribed height limits where such structures do not provide additional floor space. Zone: Heiqht: R-R W-2 No other building or structure shall exceed fifty (50) feet in height, unless a height up to seventy-five ( 75 ) feet for buildings, 105 feet for other structures, or greater than 105 feet for broadcasting antennas is approved pursuant to Section 18.34 of Ordinance No. 348 M-H M-M M-SC Broadcasting antennas shall not exceed fifty (50) feet unless a greater height is approved pursuant to Section 18.34 of Ordinance No. 348 C-1/C-P C-P-S All buildings and structures shall not exceed fifty (50) feet in height, unless a height up to seventy-five (75) feet, or greater than 75 feet for broadcasting antennas, is approved pursuant to Section 18.34 of Ordinance No. 348. Section 18.34 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 Ordinance No. 348. If granted, the approved plot plan shall specifically state the allowed height limit. A: RADIO. ANT 3 DISCUSSION: CONCLUSION: Section 18.30 Plot Plans are subject to the California Environmental Quality Act and require a Public Hearing. The chief weakness in the zoning regulations regarding commercial transmitting antennas is that they are permitted in zones too close to the City center and Interstate 15, which may create the potential of aesthetically impacting the City of Temecula and may be inconsistent with the City's future General Plan. In addition, the Zoning Ordinance does not clearly specify development standards for all antennas. Therefore, The Planning Department Staff has the following suggestions: Require a plot plan or conditional use permit approval for the installation of a commercial antenna in any zone. 2. Impose setback limitations from Interstate 15. 3. Minimize the number of zones permittin9 transmitting antennas. Impose a distance separation between transmitting antennas. Although the current moratorium is for radio and television antennas only, the Planning Department Staff proposes to develop an Ordinance that regulates the following antennas, since the current Zoning Ordinance (No. 348) does not provide specific standards: 2. 3. 4. 5. Amateur Radio Antenna Satellite Antenna Cellular Transmitters Transmitting Antenna Exempt Antenna Staff is currently researching several California cities said to have a specific ordinance regulating radio and television transmitting antennas. In formulating a "draft" ordinance, Staff will incorporate the input of the City Council as well as the conclusions of the aforementioned city survey. Attached for your review are the "preliminary" results of the city survey (Exhibit "B"), which includes the following cities: A: RADIO. ANT 4 A9oura Hills Corona Huntington Park Pittsburg Riverside Camarillo Costa Mesa Norco South San Francisco West Covina STAFF R ECOMMEN DAT I ON: The Planning Department Staff recommends that the City Council: DIRECT the Planning Staff as to what types of issues and development standards criteria the Planning Commission and Planning Department Staff should examine in drafting new zoning regulations for antennas in the City of Temecula, OM: mb Attachments: 1. Exhibit "A" Zoning Map 2. Exhibit "B" Survey of Other Cities' Requirements A: RADIO. ANT 5 ./ o CITY Agoura Hills Camarillo Corona Costa Mesa EXHIBIT "B" SURVEY OF OTHER CITIES' REQUIREMENTS ANTENNA PERMITTED REVIEW TYPES ZONES PROCESS HEIGHT COMMENTS LIMITATION Trans- mitter Satellite dish Radio/ T.V. Trans- mitter Satellite Dish Radio/ T.V. Trans- mitter Satellite Dish Radio/ ToVo Trans- mitter Satellite Dish Radio/ T.V. *DO NOT HAVE DEVELOPMENT STANDARDS* ALL BUILDING 15 FEET PERMIT ALL BUILDING 35 FEET PERMIT ALL CUP MAXIMUM HEIGHT OF ZONE ALL BUILDING 15 FEET PERMIT ALL BUILDING PERMIT MAXIMUM HEIGHT OF ZONE *DO NOT HAVE DEVELOPMENT STANDARDS* ALL BUILDING PERMIT ALL BUILDING PERMIT MAXIMUM HEIGHT OF ZONE MAXIMUM HEIGHT OF ZONE *DO NOT HAVE DEVELOPMENT STANDARDS* ALL BUILDING 30 FEET PERMIT ALL BUILDING 75 FEET PERMIT A:RADIO.ANT 6 SURVEY OF OTHER CITIES' REQUIREMENTS Page 2 CITY ANTENNA PERMITTED TYPES ZONES REVIEW PROCESS HEIGHT COMMENTS LIMITATION Hunt. Trans- Park mitter Satellite Dish Radio/ T.V. Norco Trans- mitter Satellite Dish Radio/ ToVo Pitts- Trans- burg mitter Satellite Dish Radio/ T.V. River- Trans- side mitter Satellite Dish Radio/ T.V. COMMERCIAL/ INDUSTRIAL BUILDING MAXIMUM HEIGHT OF ZONE PERMIT ALL BUILDING 12 FEET PERMIT ALL BUILDING 35 FEET PERMIT *DO NOT HAVE DEVELOPMENT STANDARDS* ALL BUILDING PERMIT ALL BUILDING PERMIT ALL CUP 15 FEET 45 FEET MAXIMUM HEIGHT OF ZONE ALL BUILDING PERMIT ALL BUILDING PERMIT ALL CUP 35 FEET 35 FEET MAXIMUM HEIGHT OF ZONE ALL BUILDING PERMIT *EXEMPT* 15 FEET A: RADIO. ANT 7 SURVEY OF OTHER CITIES' REQUIREMENTS Page 3 CITY ANTENNA PERMITTED TYPES ZONES REVIEW PROCESS HEIGHT COMMENTS LIMITATION S. San Trans- ALL Francisco mitter Satellite ALL Dish Radio/ ALL T.V. West Trans- Covina mitter Satellite Dish Radio/ T.V. BUILDING 65 FEET PERMIT BUILDING 15 FEET PERMIT BUILDING q.0FEET PERMIT *DO NOT HAVE DEVELOPMENT STANDARDS* ALL BUILDING 20 FEET PERMIT ALL BUILDING 45 FEET PERMIT A: RADIO.ANT ITEM NO. 23 APPROVAL CITY ATTO .Y FINANCE OFFICER--S- CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Anthony Elmo, Chief Building Official April 23, 1991 Consideration of Adoption of the National Electrical Code, 1990 Edition, Including the Appendix Thereto, With Certain Amendments and the Uniform Administrative Code Provisions for the National Electrical Code, 1990 Edition, with Certain Amendments Thereto Recommendation: It is recommended that the City Council approve the following ordinance first reading, and set a date for a Public Hearing for Tuesday, May 14, 1991, 7 PM, for the attached ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE. 1990 EDITION, INCLUDING THE APPENDIX THERETO, WITH CERTAIN AMENDMENTS AND THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODES, 1990 EDITION WITH CERTAIN AMENDMENTS" Background: The City adopts by reference a number of model building codes, as required by the State Health and Safety Code. The National Electrical Code is one of them. Based upon a three (3) year publication cycle, the State adopts the National Electrical Code with certain amendments for use at the local level. Upon State adoption, cities have six (6) months to enact any modifications to the State adopted electrical code. These modifications must be based on findings related to specific local conditions. If no modifications are enacted by the City, the State adopted code is automatically invoked and governs the City's construction activity. Discussion: Modifications made by the City to the State adopted electrical code are generally based on local conditions and can only be major or administrative in nature. An example of a proposed modification is the restriction of the size of aluminum conductors permitted to be used. Smaller gauge aluminum wire has been found to be the cause of fires in residential buildings. Another, which is administrative in nature, is proposed to limit only California State Licensed Contractors to do electrical work in commercial construction whether new construction or remodel. This modification is a response to the complexity of systems and the life safety provisions generally found in commercial construction. ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1990 EDITION, INCLUDING THE APPENDIX THERETO, WITH CERTAIN AMENDMENTS AND THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODES, 1990 EDITION WITH CERTAIN AMENDMENTS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Adoption of the National Electrical Code. There is hereby adopted by reference, as the Electrical Code of the City of Temecula, the National Electrical Code, 1990 edition, including the appendix thereto, and the Uniform Administrative Code Provisions for the National Electrical Code, 1990 Edition, as amended by Section 2 of this ordinance, three (3) copies of which are on file in the Office of the City Clerk. SECTION 2. Amendments. The following amendments are made to the National Electrical Code, 1990 edition, as adopted by this ordinance: 1. Section 110-5 is hereby amended by adding the following: Notwithstanding any provision or provisions to the contrary, no aluminum conductors smaller than//6 A.W.G. shall be used. 2. Section 210-1 is hereby amended by adding the following: Accessory uses or other buildings, signs, etc., separately located on the same lot or premises, shall have connecting conductors run underground. (Agricultural areas excepted.) Where spare circuit protective devices are provided or space for future circuit protective devices are provided on the bus in any flush or semi-flush mounted panel, then raceways of sufficient capacity to permit utilization of such space or spaces shall be provided to an approved accessible location. Such accessible location is normally described as follows: Where sufficient attic space is available or underfloor space is available, a raceway shall terminate conveniently for future use in each such space. Where this condition does not exist or other factors govern, then such terminations shall be approved by the Building Official. 3. Section 336-3 is hereby amended to read as follows: Section 336-3 Uses Permitted. Non-metallic sheathed cable shall not be used for exposed wiring, except as provided in Section 336-10(b), and shall only be used in one and two family dwellings or multi-family dwellings (apartment houses) not exceeding three (3) floors above grade. 4. Section 350-2 is hereby amended by adding the following: (7) Where exposed to physical damage. The following amendments are made to the Uniform Administrative Code provisions for the National Electrical Code, 1990, edition. 5. Section 2-2 is hereby amended by adding the following: All industrial, commercial, and residential electrical installations within the governmental jurisdiction covered by this Code, shall be in conformity with the provisions of this Code, all applicable State laws, and in accordance with the National Fire Protective Association standards for safety to life and property. Listing or labeling as conforming to the standards of Underwriters Laboratories, Inc., as approved by the United States Bureau of Mines, the American Standards Association, the United States Bureau of Standards, or other similar institutions of nationally recognized standing, shall be prima facie evidence of conformity with approved standards of safety to life and property. 6. Section 301(a) is hereby amended by adding the following: Permits may be issued only to a person, firm, or corporation licensed by the State of California in the classification authorized to perform the work and subject to the conditions and limitations of such classification, or to an owner to do any work regulated by the sections of this code pertaining to electricity in a single family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings; provided that such person is the bonafide owner of any such dwelling and accessory buildings and quarters; that the same are occupied by or designed to be occupied by said owner; and that said owner is determined by the Building Official to be qualified and shall personally perform all labor in connection therewith. 7. Section 301(c) is hereby amended by adding the following: All electrical, telephone, C.A.T.V. and similar service wires or cables, carrying below 34 K.V. capacity, which provide direct service to the property being developed, shall, within the exterior boundary lines of such property, be installed underground. Risers on existing poles and buildings are permitted and shall be provided by the developer or owner onto the pole which provides service to said property. Utility service poles may be placed on the rear of the property to be developed only for the purpose of terminating underground facilities. The developer or owner is responsible for complying with the requirements of the utility companies for the installation of such facilities. For the purpose of this section, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground system, may be placed above ground. The City Council may, but is not obligated to, waive the requirements of this Section if topography, soil, or any other conditions make such underground installation impossible or impractical. (2) 4. Section 303(a) is hereby amended by adding the following: In lieu of an individual permit for each installation or alteration, a monthly permit may, upon application thereof, be issued to any person, finn, or corporation regularly employing one or more qualified electricians for the installation, alteration, and maintenance of electrical equipment in or on buildings or premises owned or occupied by the applicant for the permit. The application for this permit shall be made in writing to the Building Official and shall contain a description of the premises on which the work is to be done under the permit. Not later than fifteen (15) days following the end of each calendar month, the person, firm or corporation to which a monthly permit is issued shall transmit to the Building Official a written report of all electrical work which has been done under the permit during the preceding month. The person, firm or corporation to which a monthly permit is issued shall keep a record of all electrical equipment installed under said permit, and the Building Official shall have access to such records for purposes of inspection and examination. SECTION 3. 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 4. City Clerk. The City Clerk shall certify to the adoption of the Ordinance and cause it to be posted in at least three public places in the City. PASSED, APPROVED AND ADOPTED this ~ day of ,1991. Ronald J. Parks Mayor ATTEST: June S. Greek City Clerk (3) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance 91-~ was duly adopted at a regular meeting of the City Council of the City of Temecula on the __ day of , 1991, by the following vote, to wit: AYES: NOES: ABSENT: June S. Greek City Clerk (4) ITEM NO. 24 TO: FROM: DATE: REFERENCE: City Council & City Manager April 16, 1991 Riverside County Habitat Conservation Agency - Ci[y Council Agency Item At their meeting on April 11, 1991, the Riverside County Habitat Conservation Agency (RCHCA) discussed staff recommendation for using some of the funds collected through the Agency to do preliminary research for the California Gnatcatcher habitat. This would be consistent with the intent of the Agency in that we are looking for areas that would be multi-habitat protection areas and would be consistent with one of the goals of the Agency -- the preservation of all habitat that is endangered or potentially endangered. It should be noted that the California Gnatcatcher is a potential candidate for an endangered species and sources indicated it is very likely that it will be listed as endangered within the next 12 to 18 months. Several members of the Building Industry Association addressed the Agency in opposition to using Agency funds for this purpose. They argued that funds collected by the Agency were specifically designated as K-rat funds to preserve that species and should not be used to review or study other species. Staff agreed that the ordinances adopted by member agencies specifically listed the K-rat as the purpose of the $1950 fee that was charged per acre. The only city that had the foresight to include other species was the City of Hemet which stated in its ordinance that the fee was for conservation of endangered species and not specifically for K-rat. The Agency has asked the member cities to ask their councils the following questions: (1) do you concur with the policy of the Riverside County Habitat Conservation Agency to evaluate and study other endangered species who cohabitate reserve areas (i.e., do we have any objection to using our K-rat funds that were placed with the Agency for use in studies on the California Gnatcatcher, and (2) do we want to change our ordinance establishing a right to collect K-rat fees to include mitigation fees for other endangered species similar to the ordinance established by the City of Hemet. It is my recommendation that we do both for the following reasons: (1) the Riverside County Habitat Conservation Agency needs to be a proactive agency instead of a reactive agency. A mechanism is now in place for dealing with State Fish and Game and Federal Fish and Wildlife to address the endangered species in our area and we need to gather as .much information as we possibly can to either keep the California Gnatcatcher off the endangered species list or have adequate data determining how it is going to affect our area of the County, (2) the fees asked for in collection of this data amounts to approximately $150,000 which relates to less than 1% of the existing fees collected and in the hands of the Agency, and (3) if we truly want to set up areas that are multi-species, then we need to study the relationship of the species and make sure that there is habitat in the conservation areas to support the California Gnatcatcher. ITEM NO. 25 ITEM NO. 26 CITY ATTORNEY FINANCE OFFICER CITY MANAGER ~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council City Attorney April 23, 1991 Item No. 24 - Pass-through Agreement With County of Riverside PREPARED BY: City Clerk June S. Greek RECOMMENDAT/ON: Approve the pass-through agreement with the County of Riverside and authorize the City Manager to execute the agreement on behalf of the Redevelopment Agency. BACKGROUND: The staff will finalize the staff report on this item and forward it to you under separate cover. JSG CALL TO ORDER: ROLL CALL: PRESENTATIONS/ PROCLAMATIONS PUBLIC COMMENTS AGENDA TEMECULA COMMUNITY SERVICES DISTRICT A REGULAR MEETING APRIL 23, 1991 President J. Sal Mur~oz Birdsall, Lindemans, Moore, Parks, Mur~oz CSD BUSINESS Minutes of the MeetinQ of Aoril 9, 1991 RECOMMENDATION: 1.1 Approve the minutes of April 9, 1991 as mailed. 2 Authorization of Recreation Positions for The Temecula Community Services District RECOMMENDATION: 2.1 Approve attached list of recreation positions, job specifications and salary ranges and authorize staff to fill positions for upcoming summer recreation programs. 3 Joint Use Aoreement Between the TCSD and the Temecula Valley Unified School District RECOMMENDATION: 3.1 Approve the joint use agreement contract between the TCSD and the Temecula Valley Unified School District. 2/CSDAgenda/04239~ 1 04/17/91 4 Agreement with Kingsway Construction Comoany RECOMMENDATION: 4.1 Approve an agreement with Kingsway Construction Company to acquire 23.52 acres of park property. Namina Policy for City Park Sites RECOMMENDATION: 5.1 Approve the naming policy for City park sites. 5.2 Approve the official name to the park site on La Sarena Way. COMMUNITY SERVICES DIRECTOR'S REPORT BOARD OF D/RECTORS REPORTS ADJOURNMENT Next meeting: May 14, 1991, 8:00 PM, Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California 21CSDAgenda/O42391 2 04/17/91 ITEM NO. 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD APRIL 9, 1991 A regular meeting of the Temecula Community Services District was called to order at 8:00 P.M. at the Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula by President Sal Muhoz. ROLL CALL PRESENT: 5 DIRECTORS: Birdsall, Lindemans, Moore, Munoz, Parks ABSENT: 0 DIRECTORS: None Also present were Assistant City Manager Mark Ochenduszko and City Clerk June S. Greek. PUBLIC COMMENTS There were no public comments offered. DISTRICT BUSINESS 1. Minutes It was moved by Director Parks, seconded by Vice President Moore to approve the minutes of the meeting of March 26, 1991 as mailed. The motion was unanimously carried. Acceptance of Easement Deeds for Slope Maintenance and Grant Deed for Park Dedication Director of Community Services Shawn Nelson presented the staff report. Director Parks questioned the length of time the various developers have been maintaining the slopes. Mr. Nelson responded that it has been well past the normal warranty period and that all property has been inspected to assure it meets the City's landscape standards. President Mu~oz announced that he would abstain from voting on this item since he is a resident of one of the areas being considered. tcsd\040991 - 1 - CSD Minutes Aoril 9. 1991 It was moved by Director Lindemans, seconded by Vice President Moore to approve staff recommendation to accept the easement deeds for slope maintenance services and the grant deed for two (2) mini parks in Tract 21672-2 from the Villages Community Association No. Two. The motion carried by the following vote: AYES: 4 DIRECTORS: Birdsall, Lindemans,Moore, Parks NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None ABSTAIN: 1 DIRECTORS: Mu~oz Statement of Revenues, ExDenditures and Chanaes in Fund Balance for Month Ended January 31, 1991 Director of Community Services, Shawn Nelson presented the staff report, and stated the District is fiscally sound for FY 90-91 due to the delay in hiring all key staff until late in the Fiscal Year. He explained that the consulting budget had been inadvertently cut during the mid-year budget review process. It was moved by Director Parks, seconded by Director Lindemans to approve staff recommendations as follows: 3.1 Receive and file the Balance Sheet as of January 31, 1991 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Seven Months Ended January 31, 1991. 3.2 Adopted a resolution entitled: CSD RESOLUTION NO. 91-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AMENDING THE FISCAL YEAR 1990-91 CSD BUDGET TO APPROPRIATE $20,000 FOR CONSUL TING SERVICES. The motion was unanimously carried. tcsd\040991 -2- CSD Minutes ADril 9, 1991 GENERAL MANAGERS REPORT No report given COMMUNITY SERVICES DIRECTORS REPORT Director Nelson advised the Board of Directors that the staff is in the process of finalizing an agreement with Kingsway Development Corporation for a possible park site to be located in the area south of Highway 79 South and west of Pala Road. He also advised that on the next agenda he will be requesting approval for additional personnel to support the summer recreation program. Mr. Nelson reported the recommendations from the Parks and Recreation Commission regarding the park naming policy and the official naming of the park on La Serena Way will be on the agenda of April 23, 1991. BOARD OF D/RECTORS REPORTS Director Lindemans requested that the matter of sponsoring a "beach bus" be revisited as a part of the summer program planning. He also requested that staff look into providing some type of shading for the slides at the tot lots. ADJOURNMENT It was moved by Director Linderoans, seconded by Vice President Moore to adjourn at 8:09 PM to April 23, 1991 at 8:00 PM. The motion was unanimously carried. ATTEST: J. Sal Mu~oz, President June S. Greek, City Clerk/CSD Secretary tcsd\040991 -3- ITEM NO. 2 TO: FROM: DATE: SUBJECT: APPROVAL ~-~ '~_~ FINANCE OFFICER ~ CITY MANAGER ~ CITY OF TEMECULA AGENDA REPORT BOARD OF DIRECTORS DAVID F. DIXON, CITY MANAGER APRIL 23, 1991 AUTHORIZATION OF RECREATION POSITIONS FOR THE TCSD PREPARED BY: HERMAN D. PARKER RECREATION SUPERINTENDENT RECOMMENDATION: That the Board of Directors: Approve the attached list of recreation positions, job specifications and salary ranges for the TCSD and authorize staff to fill positions for upcoming summer recreation programs. FISCAL IMPACT: Cost to fill these positions for the remainder of FY 1990-91 is $13,242.00. Unencumbered funds exist in account #019-190-999-40-5150. DISCUSSION: The TCSD is currently developing joint use agreements with the Temecula Valley Unified School District for the use of school district facilities, to provide public recreation services. The TCSD plans to operate a "Learn to Swim" program and open public swim programs at Temecula Elementary School. The TCSD also has plans to implement an after school recreation program and a summer youth "Day Camp" program on school district facilities. All positions are extra help with no benefits. These positions and salaries will enable the TCSD to hire competent recreation staff and provide the appropriate supervision and structure for various recreation services. The enclosed attachment illustrates the number of required positions and appropriate salary range for each position. Also, job specifications for each position are enclosed for your review. Attachment I TEMECULA COMMUNITY SERVICES DISTRICT Authorized Extra-Help Positions. Titles. and Salary Ranges # of Positions 1 1 2 4 2 2 14 2 2 Hourly Title Range # Minimum Aquatics Manager 1176 $10.02 Aquatics Supervisor 1143 8.00 Senior Lifeguard 1118 6.74 Lifeguard 1101 6.00 Day Camp Director 1161 9.04 Asst. Day Camp Director 1124 7.02 Day Camp Counselor 1075 5.02 Recreation Assistant 1101 6.00 Recreation Aides 1075 5.02 Hourly Maximum $12.48 9.96 8.4O 7.48 11.26 8.75 6.25 7.48 6.25 CITY OF TEMECULA Temecula Community Services District AQUATICS MANAGER (Seasonal, as needed) DEFINITION Under general supervision, to plan, organize, staff and direct a Citywide swimming program and the operation and maintenance of all City pools and facilities: and to do related work as required. EXAMPLES OF DUTIES Select, instruct and train pool personnel, scheduling and assigning lifeguard and other personnel to specific pools and functions. Prepare or approve schedules for instructional and recreational swimming periods. Inspect pools and pool facilities for proper condition and operation, including sanitation. Review individual pool operating reports and prepares program statistics and reports on a scheduled basis. Submit request, requisitions and/or work orders for equipment,supplies, repairs to buildings and equipment, and groundskeeping work. Investigate complaints and accidents, preparing reports and recommendations as required. QUALIFICATION Knowledge of: Methods of planning, managing and supervising aquatic programs for recreational purposes. Water hazards, rescue methods, lifesaving techniques and first aid as applied to accidents in the pool environment. Pool equipment, facilities, chlorination and sanitation. Methods of handling, depositing and accounting for money received. Ability to: Plan, organize, assign, supervise and review the work of others. Train personnel for pool operation and evaluate their work. Establish and maintain effective working relationships with pool personnel and the general public. Establish and maintain effective operating records and reports. Experience and Education Any combination equivalent to experience and education that could likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Experience Three full seasons (a minimum of nine months) of full time paid lifeguard supervision, swim instruction and pool management experience. Education Equivalent to a A.A. degree from an accredited college with major work in or related field. Additional qualifying experience may be substituted for up to one (1) year of the required education. Necessary Special Requirements Possession of a current Water Safety Instructor's certificate. Possession of a certificate of completion for an approved course in first aid and cardio- pulmonary resuscitation. CITY OF TEMECULA Temecula Community Services District AQUATICS SUPERVISOR (Seasonal, as needed) DEFINITION Under general supervision, to assist in planning, organizing, staffing, training and monitoring the Citywide swimming and instructional program; and to do related work as required. EXAMPLES OF DUTIES Assist in staff selection, instruction and training of pool personnel and scheduling and assigning of lifeguards and other personnel to specific pools and functions. Inspect pool and pool facilities for proper operation, condition and sanitation. Responsible for City novice swim meets and implementing a junior guard program. Supervise week-end operations of the Citywide swimming and instructional program. Prepare requisitions and/or work orders for supplies, repairs and maintenance requirements. Investigate complaints and accidents, preparing reports as required. Assist in maintaining program records and preparing reports. QUALIFICATIONS Knowledge of: Methods of planning, managing and supervising aquatic programs for recreational purposes. Water hazards, rescue methods, lifesaving techniques and first aid as applied to accidents in the pool environment. Pool equipment, facilities, chlorination and sanitation. Recordkeeping and reporting procedures. Ability to: Plan, organize, assign, supervise and review the work of others. Train personnel for pool operations and evaluate their work. Establish and maintain effective working relationships with pool personnel and the general public. Prepare and maintain a variety of records and reports. EXPERIENCE AND EDUCATION Any combination equivalent to experience and education that could likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Experience Two full seasons (a minimum of six months) of full - time paid lifeguard supervision, swim instruction and pool management experience. Education Equivalent to a A.A. degree from an accredited college with major work in physical education or related field. Additional qualifying experience may be substituted for up to one year of the required education. NECESSARY SPECIAL REQUIREMENTS Possession of a current Water Safety Instructor's certificate. Possession of a certificate of completion for an approved course in first aid and cardio- pulmonary resuscitation. CITY OF TEMECULA Temecula Community Services District SENIOR LIFEGUARD (Seasonal, as needed) DEFINITION Under general supervision, to assist in supervising, as well as participate in the operation of a public swimming pool in protecting life, enforcing safety rules and regulations and providing swimming instructions; and to do related work as required EXAMPLES OF DUTIES Assist in directing and supervising the operations of a public swimming pool. Assist in scheduling and assigning Lifeguard personnel. Inspect pool facilities and equipment and provide for the maintenance of proper sanitation and sanitation and operation standards and levels. Assign and participate in the supervision of the activities of swimmers in and around the pool as needed. Supervise the collection and reporting of admission fees. Enforce pool regulations and water safety policies. Administer and coordinate instructional classes in the fundamentals of swimming and water safety. Inspect and maintain life saving equipment. Assist in the preparation and maintenance of appropriate records and reports. OUALIFICATIONS Knowledge of: Water hazards, rescue methods, lifesaving techniques and first aid as applied to accidents in the water and surrounding areas. Swimming and water safety instructional techniques and methods. Rocordkeeping and reporting procedures. Cardio-pulminary resuscitation. Principals of supervision, training and performance evaluation. ABILITY TO: Assign, supervise, and participate in the operation of a public swimming pool. Swim with the proficiency and endurance and meet standards of swimming competency as may be established by the Temecula Community Services District. Prevent dangerous situations from arising, to recognize emergencies and to take appropriate action. Effectively instruct persons in the techniques of swimming and water safety. Prepare and maintain a variety of records and reports. Communicate clearly and concisely, orally and in writing. Supervise, train, and evaluate subordinates. EXPERIENCE AND EDUCATION Any combination equivalent to experience and education that could likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be full time paid experience for at least two pool seasons (a minimum of six months). NECESSARY SPECIAL REQUIREMENT Possession of a current Water Safety Instructor's certificate as issued by the American Red Cross. Possession of a certificate of completion for an approved course in first aid, cardio-pulmonary resuscitation and advanced lifesaving. CITY OF TEMECULA Temecula Community Services District LIFEGUARD (Seasonal, as needed) DEFINITION Under general supervision, to perform responsible and technical work in the protection of life, the enforcement of safety rules and regulations; and to do related work as required. EXAMPLES OF DUTIES Supervise the activities of swimmers in and around a public swimming pool enforcing pool regulations and water safety policies. Rescue swimmers in distress, administering first aid in the event of injury and administering artificial respiration and other resuscitation procedures if required. May collect and account for swimming pool admission fees. Instruct scheduled classes in the fundamentals of swimming and water safety. Participate in cleaning the pool and related facilities and equipment. Inspect and maintain lifesaving equipment and apparatus. OUALIFICATIONS Knowledge of: Principals and practices of water safety, rescue methods, lifesaving techniques and first aid as applied to accidents in the water and surrounding pool areas. Techniques and methods of swimming instruction for all age groups. Ability to: Swim with proficiency and endurance and meet standards of swimming competency as may be established by the Temecula Community Services District. Prevent dangerous situations from arising, to recognize emergencies, and to take appropriate action. Orally communicate clearly and concisely. EXPERIENCE AND EDUCATION Any combination equivalent to experience and education that could likely provide the required knowledge and abilities is qualifying. NECESSARY SPECIAL REOUIREMENTS Possession of a current certificate of completion for an approved course in first aid, cardio- pulmonary resuscitation, and advanced lifesaving. CITY OF TEMECULA Temecula Community Services District DAY CAMP DIRECTOR (Seasonal, as needed) DEFINITION Under general supervision to organize , direct, lead, and conduct recreational programs and activities at assigned facilities; to supervise staff and program participants; and to do related work as required. DISTINGUISHING CHARACTERISTICS This position provides responsible coordination of various recreational programs and activities suitable for a youth Day Camp program. Work involves organizing and directing the daily operation of the program in accordance with establishing schedules and standards exercising independent judgement in solving overall program activity problems. EXAMPLES OF DUTIES Plan, organize, supervise and participate in scheduled sessions of youth Day Camp. Assign and supervise subordinates and/or volunteers in leading and participating in program activities. Prepare and monitor a variety of reports and records on program participation, supply use and work schedules. Organize athletic, craft, social, and instructional activities. Plan and conduct field trips and group outings. Supervise and participant in various games and sporting events. Develop participant interest and enthusiasm. Receive admissions fees, maintain appropriate records of receipts and deposits. OUALIFICATIONS - Knowledge of: Principles and practices of organizing and conducting public recreation programs. First aid practices and techniques. Recordkeeping and reporting procedures. Principals of supervision and training. Instructional techniques and methods for recreational programs that serve a variety of interests and abilities. Ability to: Assign and supervise subordinates in recreation group activities. Plan, organize, direct, and lead individuals and groups in recreational activities. Communicate clearly and concisely, orally and in writing. Prepare and maintain records and reports. Experience and Education: Any combination equivalent to experience and education that could likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be at least one year of paid experience in youth group recreational activity leadership and 30 semester college units. CITY OF TEMECULA Temecula Community Services District ASSISTANT DAY CAMP DIRECTOR (Seasonal, as needed) DEFINITION Under general supervision to assist in organizing, directing, leading, and conduction recreational programs and activities at assigned facilities; to supervise staff and program participants; and to do related work as required. Distinguishing Characteristics This position assists is providing responsible coordination of various recreational programs and activities suitable for a youth Day Camp program. Work involves organizing and directing the daily operation of the program in accordance with established schedules and standards exercising independent judgement in solving overall program activity problems. Example of Duties Plan, organize, supervise and participate in scheduled sessions of youth Day Camp. Assign and supervise subordinates and/or volunteers in leading and participating in program activities. Prepare and monitor a variety of reports and records on program participation, supply use and work schedules. Organize athletic, craft, social, and instructional activities. Plan and conduct field trips and group outings. Supervise and participate in various games and sporting events. Develop participant interest and enthusiasm. QUALIFICATIONS Knowledge of: Principles and practices of organizing and conducting public recreation programs. First aid practices and techniques. Recordkeeping and reporting procedures. Principals of supervision and training. Instructional techniques and methods for recreational programs that serve a variety of interest and abilities. Ability to: Assign and supervise subordinates in recreation group activities. Plan, organize, direct, and lead individuals and groups in recreational activities. Communicate clearly and concisely, orally and in writing. Prepare and maintain records and reports. Experience and Education: Any combination equivalent to experience and education that could likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be at least six months of paid experience in youth group recreational activity leadership and 30 semester college units. CITY OF TEMECULA Temecula Community Services District DAY CAMP COUNSELOR (Part time hours as needed) DEFINITION: Under supervision, in assist in conducting recreational programs and Day Camp activities at an assigned playground, park, or recreation area; and to do related work as required. CHARACTERISTICS: Positions in this class include work providing general assistance in the conduct of a recreation program or activity. Work is generally performed under close supervision. EXAMPLES OF DUTIES: Conduct and participate in group recreation activities. Chaperon or assist chaperon at dances, special events, field trips and on outings. Assist in preparing recreational facilities for group activities. Issue and collect recreation equipment and supplies. Direct the proper use and care of assigned facilities and equipment. Assist in the maintenance of records and the preparation of activity reports on assigned activities. Prepare ball fields for game play. May referee or umpire organized games and sport activities. OUALIFICATIONS: Ability to: Understand and carry out oral and written instruction. Learn and perform assigned tasks. EXPERIENCE: Any combination equivalent to experience and education that will provide the knowledge and ability to perform required duties. SPECIAL REQUIREMENTS: Must be sixteen years of age or older. Sixteen or seventeen years of age must have a valid work permit. City of Temecula Temecula Community Services District (TCSD) RECREA T/ON A $$15 TA N T (Part time hours as needed) Definition: Under supervision, to assist in developing and conducting recreational program activities at an assigned playground, park, or recreational area; may coordinate special activities or events; and do related work as required. Characteristics: Requires prior recreation program/activity experience. Will assist in developing, coordinating and implementing recreation programs and events. Work in this class is distinguished from that of Recreation Aide by greater independence with which an incumbent is expected to operate. Example of Duties: May develop and coordinate recreation activities and events. Conduct and participate in group recreation activities. Chaperon or assist chaperon at dances and parties an on field trips and outings. Develop flyers for group recreation activities. Prepare facilities for group recreation activities. Issue and collect recreation equipment and supplies. Direct the program use and care of assigned facilities and equipment. Maintain records and the preparation of activity reports on assigned activities. Prepare ball fields for game play. Develop interest, enthusiasm, and good sportsmanship with participants. May supervise Recreation Aides. May referee or umpire organized games and sport activities. Recreation Assistant Job Description Page 2 Qualifications: Ability To: Understand and carry out oral and written instruction. Meet and deal effectively with the public. Learn and perform assigned tasks. Instruct and lead group recreation activities. Knowledge Of: Principles and practices of public recreation. Instructional techniques and methods for recreational activities. Record keeping and reporting procedures. First aid practices and techniques. Experience and Education: Any combination equivalent to experience and education that could, likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be six months (paid or volunteer) experience as a group activity worker or instructor. Special Requirements: Must be sixteen years of age or older. Sixteen or seventeen years of age must have a valid work permit. Definition: Characteristics: Example of Duties: City of Temecula Temecula Community Services District (TCSD) RECREA T/ON A/DE (Part time hours as needed) Under supervision, to assist in conducting recreational program activities at an assigned playground, park, or recreational area; and to do related work as required. Positions in this class include work providing general assistance in the conduct of a recreation program or activity. Work is generally performed under close supervision. Conduct and participate in group recreation activities. Chaperon or assist chaperon at dances and parties an on field trips and outings. Assist in preparing recreational facilities for group activities. Issue and collect recreation equipment and supplies. Direct the proper use and care of assigned facilities and equipment. Assist in the maintenance of records and the preparation of activity reports on assigned activities. Prepare ball fields for game play. May referee or umpire organized games and sport activities. Qualifications: Ability To: Understand and carry out oral and written instruction. Learn and perform assigned tasks. Recreation Aide Job Description Page 2 Exl:)erience: Any combination equivalent to experience and education that will provide the knowledge and ability to perform required duties. Special Requirements: Must be sixteen years of age or older. Sixteen or seventeen years of age must have a valid work permit. ITEM NO. 3 TO: FROM: DATE: SUBJECT: APPROVAL CITY MANAGER CITY OF TEMECULA AGENDA REPORT BOARD OF DIRECTORS DAVID F. DIXON, CITY MANAGER APRIL 23, 1991 JOINT USE AGREEMENT BETWEEN THE TCSD AND THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT. PREPARED BY: Shawn D. Nelson Community Services Director RECOMMENDATION: That the Board of Directors: Approve the joint use agreement contract between the TCSD and the Temecula Valley Unified School District. FISCAL IMPACT: the FY 1990-91 budget. registration fees. Approval of the joint use agreement will have no impact on Any fees required by the School District will be offset by DISCUSSION: Currently the TCSD has no indoor facilities for meetings, special interest classes, or youth programs. In addition, there is a severe shortage of outdoor ball fields and play areas. This joint use agreement will provide the TCSD with badly needed indoor facilities for various special interest classes and youth programs. It will also provide the TCSD with additional ball field areas for various youth sports groups and programs. JOINT FACILITY USE AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND TEMECULA VALLEY UNIFIED SCHOOL DISTRICT THIS AGREEMENT is entered into this __ day of 1991, by and between the TEMECULA COMMUNITY SERVICES DISTRICT referred to as "TCSD", and TEMECULA VALLEY UNIFIED SCHOOL DISTRICT hereinafter referred to as "DISTRICT" under authority granted by the Joint Exercise of Powers Act (Government Code, Section 6500 et. seq.) and the Education Code (Sections 10900 through 10914.5 and 40040 through 40048) of the State of California. WITNESSETH: WHEREAS, TCSD operates and maintains certain public parks and recreation facilities, hereinafter called "TCSD Property", which are capable of being used by DISTRICT for educational purposes and for District-sponsored recreation activities, and DISTRICT operates and maintains certain school athletics fields, and turf areas, tracks, stadiums, tennis courts, swimming pools, and indoor school facilities, hereinafter called "School Property", which are capable of being used for community recreation activities sponsored and conducted by TCSD; and WHEREAS, TCSD and DISTRICT desire to provide for the use of such School Property by TCSD for community recreation activities and for the use of TCSD Property for educational purposes and recreational purposes sponsored by DISTRICT in order to provide for a program of community recreation activities; NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth and pursuant to the provisions of the Educational Code hereinabove referred to, it is agreed as follows: 1. DISTRICT agrees to make available to TCSD certain selected school property for community recreation activities. (a) The specific areas to be used for such purposes shall be those agreed upon between the CITY MANAGER or designee, hereinafter called "Manager", and the Superintendent of District, or designee, hereinafter called "Superintendent", at such times as may be agreed upon by the Manager and Superintendent. TCSD shall use said areas at such times and in a manner so as not to interfere with their use for normal school purposes. It is understood and agreed by the parties to this Agreement that the use of DISTRICT facilities being controlled locally by each school forming said DISTRICT, the scheduling and reservation of facilities at DISTRICT's schools shall be dependent upon authorization of the DISTRICT's facilities use office. All requests, for use of facilities shall be submitted in writing for approval under DISTRICT's facilities use policies. (b) TCSD shall provide all materials and equipment to be used in such community recreation activities, it being understood and agreed, however, that all permanent equipment owned by DISTRICT on School Property may be used for such community recreation activities. (c) TCSD shall provide all supervisory personnel whenever TCSD sponsored community recreation activities are being conducted on School Property. (d) TCSD shall save and hold DISTRICT harmless from any and all claims or causes of action for injury to persons or damage to property resulting from its negligence or inadequate supervision of any TCSD sponsored community recreation activities conducted by it on School Property. (e) DISTRICT shall hold and save TCSD harmless from any and all claims or causes of action for injury to persons or damage to property which may arise by reason of any dangerous or defective condition of School Property, including permanently installed recreation and play equipment situated on School Property. (f) TCSD shall be responsible for any damage to School Property which may result from any TCSD sponsored community recreation activities being conducted on School Property. (g) DISTRICT shall provide all normal custodial services for indoor facilities used by TCSD during regular custodial work hours and extra services required will be reimbursed by TCSD. (h) TCSD shall inform the DISTRICT on the unsafe condition of School Property used within twenty-four (24) hours. 2. TCSD agrees to make available to DISTRICT, TCSD parks and recreation areas for educational purposes and recreational activities sponsored by DISTRICT. (a) The specific TCSD Property to be used for such purposes shall be those agreed upon between the Superintendent and Manager at such times as may be agreed upon by the Manager and Superintendent. All request for use of TCSD facilities shall be submitted in writing for approval by the Manager. (b) DISTRICT shall provide all materials and equipment to be used for DISTRICT educational purposes and recreational purposes, it being understood and agreed, however, that all permanent equipment owned by TCSD on TCSD property may be used for such purposes. (c) DISTRICT shall provide all supervisory personnel whenever DISTRICT sponsored educational and recreational activities are being conducted on TCSD Property. (d) DISTRICT shall save and hold TCSD harmless from any and all claims or causes of action for injury to persons or damage to property resulting from its negligence or inadequate supervision of any District-sponsored educational and recreational activities conducted by it on TCSD Property. (e) TCSD shall save and hold DISTRICT harmless from any and all claims or causes of action for injury to persons or damage to property which may arise be reasons of any dangerous or defective condition of TCSD Property, including permanently installed recreation and play equipment situated on TCSD Property. (f) DISTRICT shall be responsible for any damage to TCSD Property which may result from any District-sponsored educational and recreational activities being conducted on TCSD Property. (g) TCSD shall provide maintenance and normal custodial services on TCSD Property during regular custodial work hours and DISTRICT. (H) extra services will be reimbursed by DISTRICT shall inform the TCSD on the unsafe condition of TCSD Property, used within twenty-four (24) hours. 3. This Agreement provides for a program of educational and community recreational activities using DISTRICT and TCSD Property which is set forth in Exhibit I which is incorporated herein as if fully set forth. It is intended to establish the general understanding of the parties and is in addition to any other Agreements between TCSD and DISTRICT pertaining to the use of specific facilities at a particular named site belonging to TCSD and/or DISTRICT. This Agreement shall remain in full force and effect so long as TCSD and DISTRICT shall maintain and operate facilities capable of joint educational and recreational use; provided, however, that this Agreement may be amended by mutual consent or terminated on ninety (90) days notice hereafter upon either party given written notice of its intention to so terminate or amend to the other. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers and duly authorized by TCSD this ~ day of , 1991, and by DISTRICT this __. day of , 1991. CITY OF TEMECULA TEMECULA UNIFIED SCHOOL DISTRICT David F. Dixon Date Superintendent Date City Manager APPROVED AS TO FORM: Scott Field Date Karen Gilyard Date City Attorney District Legal Counsel June Greek Date City Clerk Joan Sparkman Date Clerk of the Governing Board TEMECULA VALLEY UNIFIED DISTRICT SCHOOL EXHIBIT I TEMECULA VALLEY UNIFIED SCHOOL DISTRICT High School: Temecula Valley High School Intermediate School: Margarita Middle School Temecula Middle School Elementary: Rancho Elementary Joan F. Sparkman Elementary Temecula Elementary Vail Elementary Nicolas Valley Elementary Temecula Community Services District Parks: Sam Hicks Monument Park Sports Park La Serena Way Park Site ITEM NO. 4 APPROVAL CITY ATTORNEY FINANCE OFFICER~. CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT BOARD OF DIRECTORS SHAWN D. NELSON APRIL 23, 1991 AGREEMENT WITH COMPANY KINGSWAY CONSTRUCTION PREPARED B~ SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR RECOMMENDA T/ON: That the Board of Directors: Approve agreement with Kingsway Construction Company to acquire 23.52 acres of park property. FISCAL IMPACT.' Cost to acquire entire site is $63,957.15. A budget transfer of $70,000.00 from account #019-190-107-44-5804 (Sports Park Parking) to account #029-190-120-44-5804 is requested to acquire this property. DISCUSSION: The TCSD has been diligently searching for potential property to be used for a community park site. I was informed of a potential park site by our Engineering Department, and a meeting followed with Kingsway Construction Company, owners of the property.. The tract consists of 86 single family units, and the dedication requirement for Quimby fees is only 1.1 acre. The proposed park site is a total of 23.52 acres, of which 18.55 acres is in a 100 year floodway. The owner can not develop the acreage in the floodway and is currently responsible for maintenance and property taxes on the floodway property. After careful study, staff has determined that while a permanent building can not be constructed in the floodway, improvements such as irrigation, grass, walking paths, ballfields, and lights can be developed in the floodway. A soils assessment has been completed and no adverse affects were found at the site. The property is level and can be easily developed into a community park. Further, the developer is responsible for paving a road directly to the park site. The California Department of Fish and Game has inspected the site and has approved our proposed park plans as long as the development does not occur within the wildlife habitat easement. Several Cities have used floodways for developing parks including the City of Riverside and the City of Perris. The developer stated that the property would be deeded to the TCSD if (a) the deeded land would satisfy the City's Quimby requirements, and (b) credit be given for plan check, inspection, and other miscellaneous fees, totaling $63,957.1 §. In short, when deleting the road access from the actual property, the TCSD can acquire 22.60 usable acres of park property for $2,829.96 per acre. I have enclosed a map of the park site, the agreement with Kingsway Construction Company, and the fee schedule to be paid by the TCSD to acquire the property for your review. "-I rq I" m z MEMORANDUM TO: FROM: DATE: SUBJECT: Mary Jane Henry, Finance Director Douglas M. Stewart, Deputy City Engineer April 9, 1991 Park Site Agreement for Tract No. 21067 Kingsway Construction As you are aware, Kingsway Construction and the City have reached an agreement to transfer land to the City for public park use. In exchange for the transfer of land, the City has agreed to credit certain fees against the project as follows: FEES CREDIT FEES PAID ON PROJECT FROM CITY DUE CITY Engineering Plan Check Public Works Inspection $ 56,397.19 $ 56,397.19 -0- $ 53,362.98 $ 23,000.00 $ 30,362.98 The contract engineering department, Willdan Associates, however will still receive payment from the City of the following fees: Engineering Plan Check Public Works Inspection $56,397.19 1.75) = $42,297.89 $53,362.98 1.75) = $40,022.24 $ 82,320.13 Per a conversation with Dave Dixon, the balance of the fees due to Willdan over and above that paid by the applicant (82,320.13 - 30.362.98) $51,957.15 are to be coordinated with the Community Services Department from expenditures allocated to the Parks Fund. If you have any questions, please call me at ext. 406. DMS: ks cc: David F. Dixon, City Mana9er Z~hawn Nelson, Director of Community Services CITYENC\PARKSITE\ks PARK AGREEMENT This Agreement is made and entered into this 2)r~l day of April , 1991 by and between Kingsway Construction Corporation a California corporation (hereinafter referred to as "Kingsway") and the City of Temecula, California, a Municipal corporation of the State of California, (hereinafter referred to as "City"). The parties hereto agree to as follows: RECITALS A. On December 1, 1989, the City of Temecula incorporated. B. On February 27, 1990, the City Council of the City of Temecula adopted Ordinance No. 90-04, adopting by reference Riverside County Ordinance No. 460, which imposes a Park Land Dedication or In Lieu Fee requirement on all residential subdivisions (hereinafter, referred to as the "Quimby Fee"). City had previously adopted the County Ordinance 460 on December 1, 1989 pursuant to Government Code Section 57376. C. On May 8, 1990, pursuant to Resolution No. 90-53, the City Council of the City of Temecula adopted an interim Master Plan to provide for park and recreation facilities ("Plan"). The purpose of the Plan is to insure that adequate park and recreation facilities will be provided for the citizens of the City of Temecula. D. Kingsway is the owner of Tentative Tract Map No. 21067, submitted to the City for final map approval and recordation. E. Pursuant to City Council Minute Order at the meeting of August 28, 1990, the City required as a condition of the third extension of time for Tentative Tract 21067, that Kingsway pay a portion of the cost of a Focused Traffic Study and a fair share of the cost of a new bridge (hereinafter referred to as the "Pala Road Bridge Fee"). F. Pursuant to City Council Minute Order at the meeting of August 28, 1990, the City required as a condition of the third extension of time for Tentative Tract 21067, that Kingsway must install certain storm drain improvements pursuant to the specifications of Riverside County Flood Control District. The City agrees to operate and maintain the improvements (hereinafter referred to as "Storm Drain Improvements"). G. Kingsway has entered into an Agreement Regarding Proposed Stream or Lake Alteration with the California Department of Fish and Game (Notification No. 5-478-89) (hereinafter "Fish and Game Agreement") which Agreement provides for certain requirements as to the use and maintenance of property to be conveyed by Kingsway to the City pursuant to this Agreement. 2/FORMS/AGRM-PRK I H. The City wishes to acquire for park and recreation purposes some of the real property included in Tract No. 21067 and Kingsway is agreeable to conveying the same to the City in exchange for the City crediting or absorbing certain fees and costs and the City assuming the responsibility for requirements of certain other conditions of approval by the City and the other governmental agencies. NOW THEREFORE, incorporating the recitals of facts set forth above and in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. Agreement to Dedicate. Kingsway agrees to dedicate to the City approximately 24 acres of real property more specifically described as Lots 87, 88 and 89 of Tract 21067 in the Grant Deeds hereto as Exhibits "A" and made a part hereof ("Park Land"). The dedication of the Park Land will occur immediately following recordation of Tract 21067. Dedication of the Park Land will be in a form acceptable to the City Attorney, free of all liens and encumbrances not approved by the City Attorney, and be delivered with a policy of title insurance. City agrees to accept this Park Land subject to the provisions of this Agreement. 2. Quimby Act Fees. The City will accept said Park Land as full credit for all Quimby Act Fees. 3. Engineering Plan Check Fees. The City will not charge Kingsway the Engineering Plan Check Fees which would normally be collected with the review by the City of the final map and improvement plans for Tract No. 21067, up to an amount not to exceed $56,397.19. 4. Subdivision Improvement Inspection Fees. Kingsway will be given a credit of $14,000 as a reduction of the subdivision improvement inspection fees otherwise chargeable to Tract No. 21067. 5. Fish and Game Agreement. The City agrees to assume the rights and obligations of Fish and Game Agreement as it pertains to the Park Land. The easement contemplated therein will be recorded prior to the conveyance to the City. 6. Pala Road Bridge Fees. The City agrees to assume the responsibility for determining the project's percent responsibility for construction of the Pala Road Bridge and that the cost of Kingsway's fair share contribution is limited to $30,000. The City agrees to absorb $12,000. of this amount in exchange for parkland. The balance of this fair share cost, not to exceed $18,000, will be paid by Kingsway at the issuance of the first final inspection. The developer's responsibility to enter into a reimbursement agreement for the construction of the Pala Road Bridge is hereby absolved, pursuant to this agreement. 2/FORMS/AGRM-PRK 2 7. Storm Drain Improvements. After construction of the Storm Drain Improvements, the City will assume and be responsible for the maintenance of the Storm Drain Improvements and Kingsway shall be relieved of the responsibility to maintain the 8. Grading. Kingsway has submitted subdivision improvement plans to the City which include a plan for the grading of the Tract No. 21067. Said grading plan includes the taking of earth from the Park Land. The parties agree that Kingsway will retain the right to enter upon the City Park Land to take the earth in compliance with the approved grading plan. Kingsway's fight to remove said earth is conditional on Kingsway exercising its right within ninety (90) days of both issuance of a grading permit issued from the City and clearance by Rancho California Water District for the issuance of water meter for the purpose of grading. In the event Kingsway fails to remove said earth within the time and conditions set forth above, Kingsway shall forfeit its right to enter upon the City Park Land. 9. Site Cleanup. Immediately after recordation of the final map Kingsway agrees to contract for and see that the lots conveyed to the City be cleared of litter and discarded cars and other material including the removal of a concrete slab, all of which will be paid for by Kingsway. Following written certification by the Director of Community Services of compliance with this requirement, Kingsway shall receive a credit for the reasonable cost of such work against the subdivision improvement inspection fees, which credit shall not exceed $9,000.00. 10. Owners' Representations and Warranties. Anything in this Agreement to the contrary notwithstanding, Owner represents, warrants and covenants for the benefit of City that: 10.1 Authority. Owners are owners of the property and have all requisite legal right, power and authority to convey the same under the terms of this Agreement and the individuals signing this Agreement on behalf of Owners have the full legal power, authority and right to execute and deliver this Agreement. 10.2 Proceedings. Owners have received no written notice and have no actual knowledge of any actions, suits, proceedings, or governmental investigations or restrictions pending or threatened against or affecting the property. 10.3 Hazardous Materials. The Owners have no actual knowledge of the presence of any hazardous materials or groundwater contamination in or on the property or of any action by any governmental authority designating such property as a hazardous materials site. The Owners have not placed, released, dumped or deposited on the property any such hazardous materials. 10.4 Soil and Geologic Defects. The Owners have no actual knowledge of any material soil or geologic defects in the property. 2/FORMS/AGRM-PRK 3 The foregoing representations, warranties and covenants shall be true and correct at all times through and including the closing date and shall survive the close of escrow and delivery of the Grant Deed. 11. Notices. All notices and deliveries hereunder shall be given in writing by personal service or by Federal Express, Express Mail, or any other commercial delivery service which guarantees overnight delivery ("Overnight Service"). Notices and deliveries shall be considered given and received when served, or when deposited with an Overnight Service for overnight delivery. Notices and deliveries shall be addressed as appears below for the respective parties, provided that if any party gives such notice of change in name or address, notices to the giver of notice of changed name or address shall thereafter be given as demanded in that notice: City: City of Temecula 43172 Business Park Drive Temecula, California 92390 Attention: Shawn Nelson Owners: 12. Miscellaneous Provisions. 12.1 Governing Law. This Agreement, its validity, construction and all rights under its shall be governed by California law. 12.2 Prior Agreements. This Agreement supersedes any prior negotiations, oral agreements, letters of intent and correspondence and contains the entire Agreement of the parties with respect to the subject matter hereof. No understanding, Agreement, representation, warranty, statement or promise made by any party or any employee, officer, or agent of any party that is not expre.ssly set forth in this Agreement shall be binding or impose any liability on a party. 12.3 Amendments. Any amendments to this Agreement shall be in writing and signed by all parties hereto, or else shall be of no effect whatsoever. 12.4 Drafting. The provisions of the Agreement were negotiated by all the parties hereto and their counsel and this Agreement shall be deemed to have been drafted by all the parties hereto. 12.5 Counterparts. This Agreement may be executed in two (2) or more counterparts, all of which taken together shall constitute but one Agreement. 2/FORIVIS/AGRM-PRK 4 12.6 Captions. The paragraph headings throughout this Agreement are for convenience and reference only and the words contained herein shall not be held to expand, modify, amplify or aid in the interpretation, construction or meaning of this Agreement. 12.7 Times. Time is of the essence in this Agreement and each provision hereof. 12.8 Binding. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 12.9 Survival. Except as otherwise provided herein, the covenants, representations and warranties contained in this Agreement shall survive the close of escrow and shall not be deemed merged in the Grant Deed but shall remain in full force and effect. 12.10 Severability. If any provision of this Agreement of the application thereof to any person or in any circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to other persons or in other circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 12.11 Attorneys' Fees. In the event of any litigation to enforce this Agreement or to obtain a declaration of any rights hereunder, the prevailing party shall be entitled to recover its attorneys' and experts' fees and costs, in addition to such other relief as the court may award. 12.12 Waiver. The waiver by Seller or Buyer of a breach or failure of condition of any provision of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach or failure of condition of the same or of another provision hereof. 12.13 Measurement of Time. All time periods referenced herein are to calendar days, months or years unless otherwise expressly stated. A "business day" hereunder is a day which is not a Saturday, Sunday or legal holiday. A "legal holiday" is a day which is a banking holiday for California-chartered banks or for federally-chartered bank offices in California. 12.14 Incorporation. All recitals hereof and all exhibits attached hereto are incorporated into this Agreement by reference and constitute a part thereof. 12.15 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the assigns, successors-in-interest, personal representatives, heirs and legatees of the parties hereto. 13. Effective Date. This Agreement is effective upon its approval by the City Council, at which time the Resolution approving this Agreement will also be approved. 2/FOR-MS/AGRIVl-.PRK 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. Dated: KINGSWAY CONSTRUCTION COMPANY By: By: Dated: CITY OF TEMECULA Attest: By: Ronald J. Parks Mayor June Greek City Clerk Approved As To Form: Scott F. Field City Attorney 2/FORMS/AGRM-PRK 6 04/18/91 15:55 02:: ~b:Pl'l ,..' IT ', .'~F TF; IE(.ULA 7147555648 8W$ OC e~ IN wI-rNF~S WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. Dated: KINGSWAY CONSTRUCTION COMPANY By: By: Dated: CITY OF TEMECULA Attar: By: Ronald I, l~r~s Mayor City Cl~rk Approved As To Form: ITEM NO. 5 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE'. SUBJECT: BOARD OF DIRECTORS DAVID F. DIXON APRIL 23, 1991 NAMING POLICY FOR CITY PARK SITES PREPARED B~ SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR RECOMMENDATION: 1. Approve the naming policy for city park sites. 2. Approve the official name to the park site on La Serena Way. DISCUSSION: With the acquisition and development of new park sites, it is necessary to develop ~ procedure for naming various sites that is in accordance the Board of Directors. The naming policy was reviewed and unanimously approved by the Parks and Recreation Commission at the April 8, 1991 meeting. Suggestions and modifications to the naming policy can be implemented at the discretion of the Board. The following names were submitted to the Parks and Recreation Commission for consideration of the park site on La Serena Way: 1. Homecoming Park. 2. Victory Park. 3. Veterans Park. 4. La Serena Way Park. After discussion, it was decided to recommend to the Board of Directors to name the site La Serena Way Park. It was felt that this would assist residents in locating the park site. It was further recommended that a plaque be installed dedicating the park to the American Soldiers of Desert Storm. Pursuant to the proposed naming policy, the Board of Directors may approve this recommendation or approve any desired name to the park site. TEMECULA COMMUNITY SERVICES DISTRICT Naming Parks and Recreation Facilities PURPOSE To establish a uniform policy and procedure that identifies criteria for the naming of parks and recreation facilities. POLICY The Park and Recreation Commission will be responsible for the selection of names for parks and recreation facilities. Once a name is selected, it will be forwarded to the Board of Directors for ratification. Staff will be responsible for encouraging citizens and community organizations to suggest possible names that will then be forwarded to the Commission for consideration. At a minimum, each park and community building will be designated a name. Naming of specific areas within a park (garden, swimming pool, lake, ballfield, etc.) is acceptable but should be kept to a minimum to avoid confusion. No park shall be given a name which might be perceived as controversial by the community. All names selected shall be acceptable and meaningful to a majority of the neighborhood/community where the park or recreation facility is located. Priority in naming sites shall be given to geographical locations, historic significance or geologic features. No park shall be named for a person, except where an individual has made a significant financial contribution toward the acquisition and/or development of the park or facility, or has been an outstanding long-time community leader who has supported open space and recreational activities. All park and recreation facilities will be designated a formal name within six months of acquisition or construction. All parks shall have an entrance sign. Buildings will have an entrance sign and a plaque inside the facility for name identification. The name of a park or recreation facility may be changed only after a public hearing is held by the Commission to receive community input and direction. No name shall be changed unless there is significant justification and support by the community. RESPONSIBILITY _ACTION Department Park and Recreation Commission Department 1. Acquires a new park or recreation facility. 2. Solicit:g possible names from community. 3. Forwards suggested names to the Park and Recreation Commission for consideration. 4. Receives any additional community input. 5. Selects a name for the new park or recreation facility. 6. Forwards name to City Council for ratification. 7. Install:; the appropriate naming sign or plaque.