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Home My WebLink About022090 CC Agenda TBMB~UL~ ~'FTY COUNCIL aN aI~TOUR,HBD RB(JULAR MBBTIN(3 FBBRUARY 20; 2.990 CaLL TO ORDERS Invocation Flag Salute ROLL CJ~LL~ PRESENTATIONS/ PROCLAMATIONS Next in Order Numbers Ordinance 90-04 Resolution 90-19 Pastor Jeff Howell, Grace Christian Fellowship Birdsall, Lindemarts, Moore, Mufioz Parks PUBLIC COMMENTS CONSENT CaLRNDiq~R NOTICB TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items to be removed from the Consent Calendar for separate action. 1. Minutes RECOMMENDATION: 1.1 Approve minutes of the meeting of January 30, 1990 as mailed. City Counc41 Agenda February 20. 1990 ® P4nal Tr&ot MaD 23J00-~ A subdivision consisting of 72 residential lots, located north of Rancho California Road and West of Butterfield Stage Road. RECOMMENDATION: 2.1 Approve Final Tract Map 23100-1 Pinal Tr&ot N~ 23100-2 A subdivision consisting of 14 residential lots, located north of Rancho California Road and West of Butterfield Stage Road. RECOMMENDATION: 3.1 Approve Final Tract Map 23100-2 COUNCIL BUBXHBBB 4. a~ointment of ~d HOC Committee for Heootiatinq restructuring of the Mello-Roos District Appointment of two members of the City Council to serve as an ad hoc negotiating committee in connection with Mello Roos CFD No 88-12. RECOMMENDATION: 4.1 Adopt a Resolution entitled: RESOLUTION NO. 90- A RESOLUTION OF T~B CITY COUNCIL OF THE CITY OF TEMECULA&PPOINTINGANADHOC COMMITTEE OF THE CITY COUNCIL FOR THE PURPOSE OF NEGOTIATING WITH DEVELOPER8 FOR A HELLO ROO8 COMMUNITY FACILITIES DIBTRICT PROJECT. A~cla~2/20/90 2 02/15/90 City Council Agenda 5. Februar~ 20. 1990 Law Entoroement Neqotiatinq Committee Appointment of a committee composed o~ seven qualified citizens and two members of the City Council to negotiate the terms and conditions of the Law Enforcement Contract with the City of Riverside. RECOMMENDATION: 5.1 Adopt a Resolution entitled: RESOLUTION NO. 90- a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TBMBCUL~APPOINTING ~ CITIZENS COMMITTEE ON THE L~N ENFORCEMENT CONTRACT o Calftans - Rancho Californi- Road Signal agreement A resolution authorizing the County of Riverside to execute an agreement with Caltrans for signal installation at Rancho California Road and the 1-15 Freeway. RECOMMENDATION: 6.1 Adopt a Resolution entitled: RESOLUTION NO, 90- aRESOLUTION OFT HE CITY COUNCIL OFT HE CITY OF TEMECUL~ AUTHORIZING TH~ COUNTY OF RIVBREIDE TO EXECUTE COOPERATIVE aGREEMENT WITH CaLTRANS FOR IMPROVEMENTS AT R~NCHO CaLIFORNIa RO~DAND 1-15 FREEWAY o Ouali£ic&tions for Cosmissions Consider amending residency qualifications for City Commissioners. Item requested by Councilmember Birdsall RECOMMENDATION: 7.1 Consider amending the qualifications of City Commissioners to include any resident and registered voter of the State of California. Aoe~0/90 3 02/15/90 City Counc41Aqenda February 20, 1990 8. Riverside County Solid Waste p~-aae~ent &dvieorv Council RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION go- ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECUL~ CONCURRING XN THE BSTABLXHHNENT OF A TASK FORCE TO COORDINATE THE DEVELOPMENT OF SOURCE REDUCTION AND RECYCLING ELEMENTS ANDTHESITB OF SOLIDWASTE FACILITIES IN RIVERSIDE COUNTY e Hello Roes Traffic Consultant,s Report Presentation by Kunzman and Associates RECOMMENDATION: 9.1 Provide any further direction or input necessary. 10. Hollo Roes Financial Consultant0s Report Presentation by Douglas Ford and Associates RECOMMENDATION: 10.1 Provide any further direction or input necessary. CITY IO~N&GERREPORT CITY ATTORNEY REPORT CITY COUNCIL REPORTS ~D~O~NT Next meeting: February 27, 1990, 7:00 p.m., Temecula Community Center 28816 Pujo1 Street, Temecula, California Agen~2/20/90 4 02/~5/<J0 MINUTES OF ANADJOURNED REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD JANUARY 30v 1990 A regular meeting of the Temecula City Council was called to order at 7:02 p.m. in the Community Room of the Rancho California Water District, 28061 Diaz Rd., Temecula, California. Mayor Ron Parks presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Munoz, Parks ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Frank Aleshire, City Attorney Jerry Patterson, and Acting Deputy city Clerk June S. Greek. INVOCATION The invocation was given by Pastor Gary Nelson of Calvary Chapel of Temecula Valley. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember. Peg Moore. ANNOUNCEMENTS No announcements were made at this time. PUBLIC COMMENTS Chuck Kratsch, Manager Project Services, representing the Eastern Municipal Water District, introduced himself and advised the City Council he has been appointed to act as liaison between the District and the City Council. He asked the Council to feel free to call upon him at any time. John Dedovesh, 39450 Long Ridge Drive, Temecula addressed the Council regarding the need to have speed laws enforced within the Ynez corridor. He also discussed enforce parking laws to help abate the "for sale" vehicle parking nuisance currently occurring along sections of Rancho California Road and Ynez Road. # i nutes\1\~O\90 - 1 - City Council Minutes January 30. 1990 Jim Estock, 40420 Calle Medusa, Temecula spoke in favor of the traffic control being conducted at the freeway overpasses and at Ynez Road. He advised the Council that the traffic on his street is handling an excessive amount of speeders and the condition is endangering the lives of the children in the neighborhood. Councilmember Lindemans advised that he had met with Mr. Estock and has spoken with the Sheriff's Department in an attempt to get some additional attention to the problem. CONSENT C~LENDAR Councilmember Munoz requested the removal of item two from the Consent Calendar. Councilmember Munoz moved and Councilmember Moore seconded approval of items one and three as follows: 1. Application for Alcoholic Beverage License Receive and file an application for Alcoholic Beverage License filed by Tony Roma's - East side of Jefferson Avenue and 600 feet south of Winchester Road. Plot Plan No. 11067, Amended No. 3 Receive and file Plot Plan No. 11067, Amended No. 3, a project to construct a multi-tenant industrial building on Enterprise Circle West. The motion carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Munoz, Parks COUNCILMEMBERS: None COUNCILMEMBERS: None #ir~tes\l\30\90 -Z- 0~/16/90 City Council Minutes January 30, 1990 Resolution Establishinq a Bche~ule for Payment of Employee Salaries City Manager Frank Aleshire presented a staff report and explained the change of schedule had been requested by the accounting firm of Anderson and Company. It was moved by Councilmember Moore, seconded by Councilmember Munoz to adopt a resolution entitled: RESOLUTION NO. 90-08 ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULAI%MENDING ~ SCHEDULE FOR P~YMENTOF EMPLOYEE S~LARIES The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: Birdsall, Lindemans Moore, Munoz, Parks COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCIL BUSINESS 4. Resolution Approving a Contract for Financial Services City Manager Frank Aleshire reviewed the staff report and recommended retaining the firm of Moreland and Associates, Inc. to design a financial/accounting system for the City of Temecula. Councilmember Munoz questioned whether Councilmember Birdsall had received the materials from the League of California Cities relative to this type of system. Councilmember Birdsall reported that her research indicated that the City's system needs to be set up prior to consideration of the purchase of software, which is what she has been investigating. Mayor Parks questioned if this consultant would also serve as the Interim Finance Director. City Manager Aleshire responded that the consultant would assume those duties. nutes\1\30\90 -3- 02/16/90 City Council Minutes January 30. 1990 It was moved by Councilmember Moore, seconded by Councilmember Birdsall to adopt a resolution entitled: RESOLUTION NO. 90-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECUL~APPROVING A CONTI~CT FOR FINANCIAL SERVICES WITH HORELAND & ASSOCIATES, INC. The motion was unanimously carried by the following vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Munoz, Parks COUNCILMEMBERS: None COUNCILMEMBERS: None e Nominating Committee - City Commissions city Manager F. D. Aleshire gave a staff report highlighting the City Manager's report recommending appointing Ad Hoc committee members by minute action. Mayor Parks asked if the City has prepared a display ad for placement in the local newspapers to solicit citizen participation. City Manager Aleshire responded that he was awaiting some input from the Council on the content for the ad. Mayor Parks suggested postponing further consideration of this item until after item 6 had been considered in the interest of time. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to continue this item until after the completion of the presentation by Sheriff Byrd. 6. Law Enforcement Sheriff Cois Byrd introduced the following members of his staff; Under Sheriff Roger Denman, Sheriff John Jones, and Captain Bill Reynolds, who will be participating in the presentation. H i nutes\l\30\90 -&- 02/16/90 City Council Minutes January 30. 1990 Captain Reynolds showed a video presentation to the City Council and audience which highlighted the changes taking place within the County and the increasing demands being experienced by the Sheriff's Department. Sheriff Byrd advised the Council on the methods used in other cities to improve services on a case by case basis. He also discussed improvements in equipment and procedure being approved for the Sheriff's Department. The Sheriff discussed the increase in the types of criminal activity within the Temecula area. He reported on the staffing levels currently allocated for the City of Temecula and recommended that a higher level of 52 sworn personnel be considered by the Council. Sheriff Byrd discussed the estimated vehicle costs and costs of automated data base. He recommended that in order to meet deadlines, he would need a letter of intent from the City of Temecula as quickly as possible, if the City Council chooses to utilize the services of the Riverside County Sheriff's Department. Other recommended actions for the city to take were implementation of target teams to focus on specific problem areas, utilization of mounted posse personnel for patrolling problem areas in a highly visible manner and the hiring of Community Services Officers (non-sworn personnel) for passive policing functions. In summary, Sheriff Byrd made specific suggestions regarding hiring, training and space requirement fulfillment. City Manager Aleshire recommended appointing a Council member to pursue further negotiations with the Sheriff's Department. RECESS The mayor declared a recess at 8:30 p.m. The meeting was reconvened at 8:46 p.m. with all members present. ® Mayor Parks announced that he would entertain questions from the City Council and would then open the floor to public comments on the presentation made by the Sheriff's Department. Councilmember Lindemans asked Sheriff Byrd to comment on the possible acquisition of police vehicles and personnel by the City of Temecula. nutes\l\30\90 -5- 02/16/90 City Council Minutes January 30, 1990 Sheriff Byrd responded that the City could use non-sworn personnel if they were properly trained. He also commented that the City would probably find the cost of acquiring and maintaining vehicles to be very close to the cost outlined in his proposal. Councilmember Munoz questioned if retired officers within the community could be utilized by the City. Sheriff Byrd responded that this could be done with proper screening and background investigations as required by State law. Councilmember Birdsall questioned the breakdown of the deputies recommended for the Target Team, Traffic Team, Neighborhood Watch and School Resource Officer. She specifically inquired if these positions could be staffed with non-sworn personnel. In response the Sheriff advised that some of these positions could be staffed with non-sworn personnel if they were properly trained. Mayor Parks questioned the absence of service being experienced by callers to the 911 lines. He asked if the City could expect the current level of poor service to continue under a separate contract. Sheriff Byrd explained that the 911 dispatch positions are staffed with non-sworn personnel because of cost considerations. As a result those individuals must refer many calls to other departments for proper handling. She outlined changes which have been taking place within the 911 system during the past several months to help improve the response time. Mayor Parks asked if the City of Temecula would be on the same dispatch lines as the rest of the County. Sheriff Byrd answered that the City would continue to be serviced by the same dispatchers. Councilmember Munoz questioned the integration of the Desert Hot Springs Police Force into the Sheriff's Department. He specifically inquired as to the assignment of officers from the Desert Hot Springs Force within the Riverside Sheriff's Department. Sheriff Byrd responded that he was under certain legal constraints not to discuss aspects of this matter. Councilmember Lindemans requested a cost comparison between the County Sheriff's Department proposal and other City's costs. Sheriff Byrd stressed that the contract proposal before the Council was meant to be a discussion paper and should be used as a guide for discussion and negotiation. tli nutes\l\30\90 -6- 02/16/90 City Council Minutes January 30. 1990 Councilmember Birdsall asked if 'the city desired additional personnel immediately, could this be accomplished with existing Sheriff's Department personnel if the City were willing to meet the necessary costs. She also questioned when the additional facilities in the French Valley would be available. Sheriff Byrd responded that this could be accomplished with existing staff and that the French Valley facility is expected to be ready in approximately two years. Mayor Parks expressed a concern that the attitude of the staff in the area is very important. He inquired if the staff would be authorized to work with the City's Police Commission. He was advised that the Sheriff's Department would welcome the opportunity to have the staff advise and work with the commission. Councilmember Lindemans asked if the "income producing" activities such as parking enforcement and traffic enforcement would be increased at the request of the City. Sheriff Byrd responded that this was certainly possible, and that parking enforcement could be handled by non-sworn "sheriff's aides". Councilmember Munoz inquired if dispatch functions would be taking place at the recommended local offices. The Sheriff responded that it is not cost effective to have dispatch centers in each of the local offices. Sydney Vernon, 30268 Mersey Court, Temecula spoke regarding the Riverside District Attorneys Office presentation at a recent Neighborhood Watch meeting regarding the drug problem in the area. He asked what specific kinds of actions are being taken in the area of drug enforcement. Sheriff Byrd outlined the various kinds of police work being undertaken to address this problem and he agree that the Temecula area is in a major corridor for this type of criminal activity. Councilmember Munoz asked for comment on the activities of the Neighborhood Watch Program. Sheriff Byrd stated that the program increases awareness within the community is and proving effective as a deterrent to some neighborhood crimes. Councilmember Moore questioned the time commitment needed by the Sheriff for negotiating a contract. He responded that he would need to have some indication of intent within the next two weeks. Hi nutes\l\~O\~O -?- 0Z/16/~0 city Council Minutes January 30. 1990 It was moved by Councilmember Birdsall, seconded by Councilmember Munoz to continue this matter to the meeting of February 6, 1990. The motion was unanimously carried. 0 Nominating Committee - City Com-issions It was moved by Councilmember Moore, seconded by Councilmember Munoz to direct the staff to proceed with the necessary advertising to invite applications for citizens to serve on the City Commissions and to use the scope of the commission's work as detailed in the staff report. The motion was unanimously carried. Councilmembers Moore, Lindemans and Mayor Parks indicated an interest in serving on the Ad Hoc selection committee for the Planning Commission. Councilmember Munoz and Councilmember Moore advised they were interested in serving on the selection committee for the Traffic Commission. Councilmembers Moore, Munoz and Mayor Parks announced an interest in serving on the selection committee for the Public Safety Commission. Councilmember Birdsall and Mayor Parks indicated an interest in serving on the Ad Hoc selection committee for the Parks and Recreation Committee. It was moved by Councilmember Birdsall and seconded by Councilmember Munoz to appoint Ad Hoc committees as follows: Traffic Commission - Councilmembers Moore and Munoz Parks and Recreation Commission - Councilmember Birdsall and Mayor Parks The motion was unanimously carried. Councilmember Moore deferred to Mayor Parks and Mayor Pro Tem Lindemans to serve on the Ad Hoc committee for the Planning Commission. M i nutes\1 \30\90 -8- 02/16/90 City Council Minutes January 30, 1990 Mayor Parks deferred to Councilmembers Moore and Munoz on the Public Safety Commission. It was moved by Councilmember Munoz and seconded by Councilmember Moore to appoint Ad Hoc committees as follows: Planning Commission - Mayor Parks and Mayor Pro Tem Lindemans Public Safety Commission - Councilmembers Moore and Munoz. The motion was unanimously carried. Councilmember Birdsall questioned if the commissions could possibly be operable by March. City Manager Aleshire advised that the advertising will be prepared immediately and that the commissions will be established by resolutions prepared by the City Attorney. CITY I~NAGER REPORTS City Manager Frank Aleshire reported to the City Council on two actions he had taken in follow-up to citizen comments at the previous meeting. He reported that he had spoken with Gretchen Hass and that she will be coming back to the City Council at a later date with a more complete request for support of the Grad Night project. He further stated that he had met with Mr. and Mrs. John Cloghen to discuss the budget concerns they expressed at the city Council meeting of January 23, 1990. He also provided the Councilmembers with a copy of a list he had prepared and given to Mr. and Mrs. Cloghen, entitled "Who works in City Hall". CITY ~TTORNEY REPORTS City Attorney Attorney Scott Field discussed the report prepared for the City Council, which concluded that Douglas Ford and Associates does not have a conflict of interest and may proceed with the financial consulting position for the #inutes\1\~O\90 -9- 02/16/90 City Council Minutes January 30. 1990 Mello-Roos District awarded by the City Council on January 17, 1990. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to extend the meeting to 10:15 p.m. The motion was unanimously carried. CITY COUNCIL REPORTS Councilmember Birdsall indicated she would like to have the report presented by Joe Hreha placed on the agenda for the next meeting. The City Council concurred and directed the City Manager to agendize this matter for February 6, 1990. Councilmember Lindemans read from a newspaper article concerning the County of Riverside seeking $2 million dollars for loans to developers who are planning developments within the County. He requested that the City's financial consultant for the Mello-Roos proposal address this matter in his report. Councilmember Munoz questioned if any further discussion have been undertaken with the Sheriff's Department regarding immediate additional police services. He also state he would like to have the staff look into the possibility of private security forces being utilized to supplement existing police protection. City Manager Aleshire responded that both matters would be scheduled for the meeting of February 6, 1990. Councilmember Moore requested that a letter be directed to the Fire Department outlining the City's time frame for meeting with the various departments providing services to the City and also expressing the City's gratitude for the excellent communications already existing with the local Fire Department staff. nut es% 1 \]0\90 - 10- 02/16/90 City Council Minutes ,. January 30, 1990 ADJOURNMENT It was moved by Councilmember Munoz, seconded by Councilmember Moore to adjourn to a joint meeting of the Temecula Valley School Board, The County Service Area 143 Advisory Board and the City Council to be held at 5:00 p.m., February 6, 1990, in the Performing Arts Center of the Temecula Valley High School. The motion was unanimously carried. Next meeting: February 6, 1990, 7:30 p.m., Rancho California Water District, 28061 Diaz Road, Temecula ATTEST: RONALD J. PARKS, MAYOR F. D. ALESHIRE, CITY CLERK nut es\l \30\90 - 11 - 02/16/90 M A R L B O R 0 U 6 H D E V E L O P M E N 1' r O R I~ O R A I' I 0 N Job .o. 100.98 Code TRACTS 23100-1 & -2 FM LETTER OF TRANSMITTAL Regarding: Sent I emen: CIT~ 0E TaV~OJ[~ 43172 BUSINESS PARK DRIVE CA 92390 (ProJect) T R A C T NOS. We are %ransmlftlng To you enclosed herewith XXX Sent by: Messenger Hall Handed J.NESS Pickup UPS Other Date: F~UA~ 14, 1990 AtTn: MR. FRANK ALESHIRE, CITY MANAGER 23100-1 a~d 23100-2 Under separate cover 1) 1 blueline - TRACT MAP -23100-1 and 23100-2 from County of Riverside Department of Survey (Ron Barnett) 2) Letter of Clearance from County of Riverside - Department of Survey - as required for recordation of Tract Map. Please expedite for next City Council Agenda. Thank You. These are: (As checked below) 1. XYQ{ For your approval 6. 2. For youc signature 7. 3. For use on Job 8. 4. For your files 9. 5. For your Information cc: (OThers) Very ~ruly yours, NARLBOROUC~ DEVELOPMENT CORPORAT I ON Gary ~'atland Director .of Engineering For estimate due Returned To you For your reply Per your request Job Superintendent jn SOUTHEASTERN DIVISION * 28751 RANCHO CALIFORNIA RD. #208 · RANCHO CALIFORNIA · CALIFORNIA 92390 · 714 676~292 CITY OF TEHECULA STAFF REPORT TRACT 23100-1 February 14, 1990 1. Applicant: 2. Engineer: 3. Type of Request: MARLBOROUGH DEVELOPMENT CORPORATION COMMUNITY ENGINEERING SERVICES, INC. City acceptance to record Final Tract Map 23100-1, to include improvement of street, water, sewer and monumentation. - Final Tract Map No. 23100-1 - 72 Residential Lots - 3 Open Space Lots (maintained by Homeowners Association) - Total Acreage - (122.4 Ac T.T. 23100) 2.4 DU/AC - Minimum Lot Size - 7,200 Sq. Ft. Actual Lot Size - 9,100 Sq. Ft. (Average) 4. Location: 5. Zoning: 6. Conditions: 7. Tentative Tract Approvals: 8. Action: West of Butterfield Stage, North of Rancho California Road and East of Meadows Parkway (Kaiser Parkway). Approved Specific Plan zoning in Village "B" of Margarita Village Specific Plan (SP 199 Amendment No. 1), Change Of Zone No. 5107, General Plan Amendment No. 150 and Development Agreement No. 5. All conditions have been met, (see attached clearance letters from County of Riverside Planning Department and Road Department). Tentative Tract No. 23100 Amended No. Environmental Assessment No. 32318, approved by Board of Supervisors on November 8, 1988, (See attached County of Riverside letter dated November 23, 1988, and Minor Change No. 1 dated May 1, 1989). Staff recommends City Council accept agreements and bonds for the improvements and to record Final Tract Map No. 23100-1. VICINITY MAP NOT TO SCALE If; TENTATIVE TRACT NO. 23100 ~'~ MARLBOROUGH VILLAGE .....· ' t~ARGAR~TA ~zlaC~ ~l~EC~C ~N 199 (~A~[ B) . - . : ..~ oO OFFICE OF THE ROAD COMMISSIONER AND COUNTY SURVEYOR COUNTY OF RIVERSIDE LeRoy D. Smoot Road Commissioner and County Surveyor County Administrative Center Mailing Address: PO ~ox 1090 Riverside, CA 92502 Telephone {714) 787-6554 February 14, 1990 SUBMITTAL TO FRANK ALESHIRE, CITY MANAGER OF T~E CITY OF TEMECULA FROM: Acting City Engineer for the City of Temecula SUBJECT: Tract Map 23100-2 in the First Supervisorial District SPECIFIC REQUEST: Pursuant to the Subdivision Map Act and local ordinance it is REQUESTED that the City Council approve said map. All required certificates and documents have been filed and the map is ready for recordation. van~F.~Tennant Acting City Engineer IFT:GAS:MSB: rdb The City of Temecula Re: Tract 23100-2 2 February 14, 1990 The developer wishes to enter the following agreements to cover the improvements within this subdivision for: IMPROVEMENT OF STREETS (Bond No. SUR 106746) WATER DISTRIBUTION SYSTEM (Water to be supplied by Rancho California Water District) (Bond No. SUR 106746) SANITARY SEWER SYSTEM (Service to be provided by Eastern Municipal Water District) (Bond No. SUR 106746) SETTING OF LOT STAKES AND SUBDIVISION MONUMENTS (Bond No. SUR 106747) MATERIALS AND LABOR (Bond No. SUR 106746) in the amount of $41,000 is also attached. The above referenced bonds are issued by Golden Eagle Insurance Company. This map complies in all respects with the provisions of Division 2 of Title 7 of the Government Code and applicable local ordinances. The dedications made on said map are for: Lot "A" for public road and public utility purposes and as part of the City Maintained Road System. RiVER:biDE counc.u i,LAnnin DEP&RC[ilEnC DATE: November 23, 1988 RE: TENTATIVE TRACT MAP NO. 23100 Aid. E. A. N~BER: 32318 REGIONAL TEAM NO. Specific Plans learn Dear Applicant: The Riverside County Board of Supervisors has taken the following action on the above referenced tentative tract map at its regular meeting of Novenlber 8, 19~ . x APPROVED tentative map subject to the attached conditions. ~DENIED tentative map based on attached findings. APPROVED withdrawal of tentative map. The tract map has been found to be consistent with all pertinent elements of the Riverside County General Plan and is in compliance with the California Environmental ~ality Act of 1970. %he pruj=~t will not have a significant effect on the environment and a Negative Declaration has ~ee~dopted. L e.~ 1/-~\\ ' A conditionally appr 'ovid tenta:F~-~ract map shall expire .l-.l-.l-.l-.l-.l-.l-.l-.l-~.~2=months after the approval at the Board of Supervisor~LHe~am-la~ _he~_,.~t~of which is $h~,~'~,- _'~t~2~w,, unless within that period of time a fina~~',TJl]~j,~e~) approved a~ndy..f,~e~j~w4th the County Recorder. Prior to the expiration d~R'~~j~.L~vEd~r6~l~yira)lpl~.~j-~?~. ~.~ql~.~(~ag for an extension of time. Application h ls a l~')~' ¥~-~e Planning--..~~]~:~]iSr-~V (30) days prior to the expiration date of the tent~,tj~-~.t~,.: ~)B~ ~F~u~b~i~j'~:F~n~a~y extend the period for one year and upon further ap~..ation'a scsond and a thiFd yca r.' ~ _~ Very truly yours, RIVERSIDE COUNTY PLANNING DEPARTMENT Roger S. Streeter, Planning Director t RG: mp FILE- WHITE APPLICANT - CANARY ENGINEER - PINK 295-39 (~e'v. 10183*) 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 46-209 OASIS STREET. ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 DAT£: ?ay 1, 1 Dear Applicant: ::IiV ::I iDF. coun i nrlinG i:)Ei a,:tCITIF. nC ., .~, , RE: MAY ' C.E.S. INC. RIVE.R51DE TENTATIVE TRACT HAP NO. 221S0 :.linor Chan~e E. A. ltLFIB£R: =1 REGIONAL TEAM NO. So~cifi~ Plans The Riverside County Board of S~pervisors has taken the following action cn the above r~ferenceU tentative tract m~p at its regular meeting of Aoril 18, 1969 · XX APPROVED tentative map subject to the attached conditions. . DENIED tentative m~p b4sed cn attached findings. APPROVED withdrawal of tentative m~p. The tract map has been found to be consistent with all pertinent elements of the Riverside CoJnty General Plan and is in ca~pliance with the C41ifornia Envirc~mental Quality Act of 1970. ~ prujcct will not have a significant effect cn the environment A cmdltionally apprc~A~d tenta,~.{v~ract map shall expire ~,~'-m~nths after the approval at the Board of Supervisortk Hea~-t~d~_.~h~-dgte of which i~ ~hxTm~L'.~at~, unless within that period of time a fine1 .~sh~ll'~V~d bee~ approved and f~e~-~with the County Recorder. Prior to the expiration d~l:~,':~.F~'.l~.iv(d~'mh~'alOpl~ .)'.~'~ri~_ing for an extension of time. Application shall'? 1)e..~_".':~q~he Planning _.~_ .'.t~r".thF~ty (30} days prior to the expiration date of the ten/.~t~. ~'p';'. ]~rlB~'~ ~j~u~.l~r,~,~i~$~"pa_y extend the period for me j~ar and upon further ap iCetim a scc~ond ' Very truly yours, RIVERSIDE COUNTY PLANNING DEPARlt4ENT Roger S. Streeter, Planning Director jle F1LE- k'HITE LEMON ~I'REET. P FLOOR RIVERIIDE. CALIFORNLA g2501 APPLICANT- gAJO. RY 3 C.E.S. INC RIVERSlOE 46-209 OASIS STREET. RQOM County of Riverside T~ ~ Road Department DATE: 12/20/89 Attn: Renee Delpino ~ ...... FROM: Planning Department, Katherine Gifford~~ I~E: Tent Tract 23100 - Phases 1 & 2 The following items are needed to clear units 1 and 2 of'Tentative Tract 231~0, Minor Change #1: 1. Cl. earance from County Counsel or the City of Temecula for the tract's CC&R's. Transmittal of unitization clearance from Road Dept. Staff has received a xeroxed .copy of clearrice for the first two units but would like to complete the unitization clearance with Road approval. Please call extension 6356 if you have any qpestions GEN. FORM 4. (Rev. &t87) Knute Noland, Building and Safety Ril,'e z-side D-,~m, Oc~er 20, 1989 Ron Goldman, Principal Planner. Planning DepartJ,~nt TRACT 23100-1 & -2 The following Landscape Development Plans have been reviewed and are approved by the Planning Department. 1. Final Production Landscape Development Plans were approved May 5, 1989, including the following: a. Perimeter and Interior Fencing b. Streetscene Landscaping 2. Production Frontyard Landscape Development Plans were approved October 17, lgSg. If you have any questions please call me. RG/jle ..OU COUNSEL J. GEERUNGS R E C E I FEBO§ HOI.ZWARTH, POWELL & S~N Memorandum January 30, 1990 Roge~ S. S[reete£, Planning Dl~ecto~ At[n: Ron Goldman,'Principal Planner FROM: Karin L. watts, Deputy County Counsel Tract Nap So. 23100-1; £evised CC&R's The revised Declaration of Covenants, Conditions and Restrictions, and Reservation of Easements for Cha~donnay Hills and the sample grant deed submitted with respect to the above-referenced tract map are approved as to form. Attached are copies 0t these documents for you~ file. ; ? Please also be advised that %he subdivi~er should be requ~ed to submit Annexa~ion documents and sample grant d~eds for subsequent phases prior to the ~ecordation of the final r~..~s for said phases. If you have any quashions reqa~ding not hesitate to contact me. the aforem~ntlonet0 36191it .i FATE: ?ay 1, 1~.9 :liV .::l iD counCu. PL nnirK .'~ or~,'" ',. E.' MAY - C.E.S. INC. RIVERSIDE TENTATIVE TRACT MAP NO. 23100 Minor Change E. A. NLI~BER: REGIONAL TEAM NO. Sm~cifir Plans Dear Applicant: T~e Riverside r~ferenced tentative tract map at its regular meeting of County Board of ~,pervisors has taken the following actio~ on the above Auril 18, 1989 XX APPROVED tentative map subject to the attached conditions. DEItlED tentative map based on attached findings. APPROVED withdrawal of tentative map. The tract map has been frond to be consistent with all pertinent elements of the Riverside CoJnty General Plan and is in cmnpliance with the C~lifornia Envirc~mental OJality Act of 1970. ~ p~uj~ct will not have'a significant effect on the environment and a Ne<jative Declaral~ion has ~ey~,~dopted. A conditionally approved tenta,:Fv'~-~ract map sh~ll expire .i.~.A_.'.months aft_er the approval at the Board of Supervisor~ Me.-r!s~_~he-~(tc of which is I .t'r~m(.~i?.~.b~.,. u?les_s ~with. in t. hat period of time a fina}.:~m~.~h~lT~V~k,~. 'beef approved aria ,~?e~Z~ith the County ~ecoroer. Prior to the expiration dE~,"'-~m'.l~J~..iv[d~r(~'a~pl~ :{'~. ]_~['~i~_ing .for. an extension of time. Applicatio~ shall'~ l~..jb~<H~'~-~he Planning _.4~ ..~.~i~:h_ F~ty (30) days prior to t_he explrattcn date of the ten~l~t~. '~'~':'. ]~lBg~'~ ~i~.~.l~r,~,i~i'~t~"p~_'y extend the period for a p~~, and a thi~ ~,r. (me jear and upon further a scc~ond ' ~.~ Very truly yoJrs, RIVERSIDE COUNTY PLANNING DEPARTMENT Roger S. Streeter, Planning Director Kathy Gifford, Planner III jle FILE- MHITE 4060 LEMON STREET. 9TM FLOOR RIVERSIDE. CALIFORNIA 92501 (7t4) 787-6161 APPLICANT- CANARY ENGINEER- PINK UAY - 3 19B C.E.S. INC RIVERSIDE 46-209 OASIS STREET. ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 .~tIBMI!'IAI'I() Till H()AHI)()I C()LIN1Y (11 HI~FH%11)I.. ~IATI ()F CALIF()RNIA , , '-',.. ~, FROM: Planning Department SUBMll-IALDATE- March 26, 1989 SUBJECT: MINOR CHANGE NO. I for TRACT 23100 - Specific Plan 199 - '--'L,.." (Margarita Village) - Developer Agreement No. 5 - Third Supervisorial District Westerly of Butterfield Stage Road, Northerly of Rancho California Road. RECOMMENDED MOTI()N. RECEIVE AND FILE the Notice of Decision for the Minor Change No. 1 for Tract 23100, acted on by the Planning Commission on March 15, 1989. ~m~G/j 1 e K~er ~/.-Streeter, anning DirectOr~ ' Prey. Agn. ref. Dept~. Comments Dimt. AGENDA NO. RIVERSIDE COUNTY PLANNING CO~ISSION MINUTES RAR04 15, 1989 (AGENDA ITE)4 6-3 - Tape 1021, Side 2 - Tape No. CA) TRACT RAP NO. 23100, MINOR CHANGE NO. 1 - C~,,,,untty Engineering Services - Rancho California/Skinner Lake Area - Third Supervisortel District - west of Butterfield Stage Rd, north of Rancho California Rd, east of Kaiser Pkwy - REQUEST: To redtstribute two lots flearing was opened at 4:49 p.m. and was closed at 4:52 p.m. STAFF IUECO!~NDATION: Approval of Tentative Tract No. 23100, Minor Change No. 1, based on the findings and conclusions listed in the staff report. The applicant is proposing a minor change to delete two units from the entrance to the tract and move thru to the interior of the tract map. The purpose of that action is to establish a formal entry into the tract. The developer was restricted by the two lots when time came to design an entry to Margarita Village. Gary Fatltn, Con~nuntty Engineering Services, 6225 Canyon Crest Drive, Riverside, advised that this proposed change will enhance the area and their project. They accept the conditions of approval. In answer to Commissioner Beadling, Mr. Fatltn said that the wrought iron walls are a decorative feature, consistent with the French design of their architecture. The hearing was closed at 4:$Z p.m. FINDINGS AND CONCLUSIONS: Tentative Tract 23100 Minor Change No. 1 is located in Village B of the Margarita Village Specific Plan {SP 199, Amd. No. 1); the minor change includes changes to the project's entry, reiDcation of residential units and corrections to the previous tentative map; and, the tract proposes 287 single family lots on 12Z.3 acres for an average density of Z.40U/acre. The proposed minor change is consistent with the General Plan and Specific Plan and zoning for the site; and, conforms to the requireTents of Ordinance 348 and 460, MOTION:'UPOn motion by Caa~tsstoner Donehoe, seconded by Commissioner Bresson, and unanimously carried, the Cm~tsston approved Tentative Tract No. Minor Change No. 1, subject to the conditions of approval and based on the above findings and conclusions. 47 Zonlng 01strict/Area ~ncho California/ $kt nner Lake Su~tsortal District: ~trd SpectfJc Plans Section Tract Z3100 Iqtnor Ch&nge No. ! Planning ~Isston: 3-1S-B9 ~enda Itm No. 6-3 ~IVERSIDE COUNTY FLAMMIMG !~A~ STAFF ~T 1. Applicant: 2. Engineer/Representative: 3. Type of Request: 4. Location: ~lborough Develo~nent Corp. Community Engineering Services Minor Change to Tract Z3100 West of Butterfield Stage Road, Morth of Rancho ~mltfornta Road $. Existing Zoning: 6. Surrounding Zoning: 7. Site Characteristics: SP 199 Amd. No. 1 A-I-10-, A-2-20, R-T, SP 199 Amd. No. 1 Vacant land traversed with low hills 8. Area Characteristics: Located on eastern edge of Rancho ca~nunity. Vineyards begin Butterfield Stage Road California east of Comprehensive General Plan Designation 10. Land Dtvtston Data: SP 199 Amd. No. 1 Total Acreage: 122.3 acres Total Lots: 2B7 single family lots DU Per Acre: 2.4 proposed Min. Lot Size: 7,200 sq. foot 11. ~ency ~ca~ndattons: See letters dated: Road: 2-24-8g Health: 2-8-B9 Flood: 2-7-89 Fire: Building and Sircry: 2-28-89 Eastern Municipal Water Dist.: 1-25-89 Southern Callrolla Edison: 2-7-89 12. Letters: Opposing/Supporting: None 13. Sphere of Influence: Not within CSty Sphere ~ALYSIS: Tentative Tract 23100'~nended No. 1 was approved by the Planning Con~nlsslon ~eptember 2B, 1988. on The proposed minor change has a number of components: Two residential lots were removed from the St. A and Rancho California intersection to reduce noise impacts to residents and improve the entry stote~ent. A redesign of lots along Street C and the relocatton of lots from the entry area was included. a) 4) The map reflects the lot line adJusl~ent proposed along Tract Z0879 and the Dm~tngs parcel adjusting property lines to the top of slope. Lot 29g, located at the intersection of Rancho California Road and Kaiser Parkway, has been added as it ms missed in the earlier tentative map. Staff has reviewed these changes with the Specific Plan 199 ~mended No. 1, Margarita Vtllage, and has found the changes consistent with the document's poltctes and standards. Staff finds the proposed minor change will improve the design of the tract entry and residential areas. FZNOINGS: 1. Tentative Tract 23100 Minor Change No. I is located in Village B of the Margarita Village Specific Plan (SP 19g Amd. No. ~) The minor change includes changes to the proJect's entry, relocatton of residential units and corrections to the previous tentative map. The trac~ proposes 287 single family lots on 122.3 acres for an average density of Z.40U/acre. L'ONCLUSIONS: 1. The proposed minor change is consistent with the General Plan and Specific Plan and zoning for the site. 2. The tract conforms to the requirements of Ordinances 348 and 460. RECOI~4ENOATION: RPPROVAL of Tentative Tract Mo. 23100 Minor I:hange Mo. I subject to the attached conditions of approval. TENTATIVE TRACT NO. 23100 MARLBOROUGH VILLAGE ..... · - M&I?~ARITA V~IIA~: ~['C~'tC PL. AN '~99 (~a~[ ~) --~ -~- . · · :~~ Z :_ ~. -- · , ~--~ ~:.= ~-- RIVERSIDE COUNTY PLANNING DEPARTl~NT SUBDIVISION CONDITIONS OF APPROVAL TENTATIVE TRACT NO. 23100 MINOR ~ANGE NO. I EXPZRES: STANDARO CONDITIONS The subdivider shall defend, tnde~nify, and hold ha·less the County of Riverside, its agents, officers, and employees from any claim, action, or proceeding against the County of Riverside or its agents, officers, or o~ployees to attack, set aside, void, or annul an approval of the County Riverside, its advisory agencies, appeal boards or legislative body concerning Tract Z3100 Minor Change No. ! which action is brought about within the time period provided for in California Goverr~nent Code Section $$4gg.37. The County of Riverside will promptly notify the subdivider of any such claim, action, or proceeding against the County of Riverside and will cooperate fully in the defense. If the County fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, tndmnnify, or hold harmless the County of Riverside. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule A, unless modified by the conditions listed below. This conditionally approved tentative map will expire two years after the County of Riverside Board of Supervisors approval date, unless extended as provided by Ordinance 460. The final map shall be prepared by a licensed land surveyor subject to all the requirements of the State of California Subdivision Hap Act and Ordinance 5. The subdivider shall submit one copy of a soils report to the Riverside County Surveyor's Office and two copies to the bepart~ent of Buildtag and Safety. The report shall address the sotls stability and geological ~on~tttons of the site. If any grading is proposed, the subdivider shall submit one print of a cmprehenstve grading plan to the Oepartment of Bulldtng and Safety. The plan shall comply ~tth the Uniform Building Code, Chapter 70, as ranended by Ordinance457 and as may be &ddittonally provided for in these conditions of approval. TEXTATZVE TRA~ I10. ~00 Mt~or C~mn~e No. ! C4mdttlms of Approval Page Z e A grading permit shall be obtained from the Department of ButlJing and Safety prior to commencement of any grading outside of county maintained road right of way. Any delinquent property taxes shall be paid prior to recordation of the ftnml map. g. The subdivider shall comply with the street tmprovment recon~endattons outltned in the Riverside County Road Oepart~ent's letter dated 2-Z4-89 a copy of which is attached. 10. Legal access as required by Ordinance 4(~0 shall be provided from the tract map boundary to a County maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or mbandons such offers. All dedications shall be free from all encumbrances as approved the Road Ce~issloner. Street na~es shall be subject to approval of bt~e Road Co~isstoner. Easments, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final mp if they mre located within the land division boundary. All offers of dedication and conveyances 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 Deparl~nent's letter dated 2-8-89 a copy of whlch is attached. 14. The subdivider shall comply with the flood control reca,,,endattons outlined by the Riverside County Flood Control Otstrtct's letter dated 2-7-8g · copy of which is attached. If the lmnd division lies within an 'adopted flood control dralnmge area pursumnt to Section 10.25 of Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the Road Coeetsstoner. The subdivider shall comply with the fire tmprovemnt recmmendattons outlined in the County Ftre Nmrshml's letter dated a copy of which is attached. Subdivision phasing, including mny proposed camon open space ire· ~mprovment phasing, tf applicable, shall be sub3ect to Plinntng Department ·pprov·l. Any proposed phasing shall provide for adequate vehicular Iceess to Ill lots in e·¢h phase, and shill SUbstanttllly conform to the intent and purpose of the subdivision approval. TI~ITATZV£ 1RACT II0. Z3100 Iqtnor C~nge No. I Conditions of Approval Page 3 17. The subdivider and all successors in tnterest shall comply with the provisions of Development Agraanent No. $ and Specific Plan No. lgg Amd. Iio. I. 18. Lots created by this sulxlivtston shall comply with the following: a. All lots shall have a minimum size of 7,200 (square feet) (net). b. M1 lot length to width ratios shall be tn conformance with Sectton 3.8C of Ordinance 460. c. 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 non-through lots. d. Lots created by this subdivision shall be In conformance with the development standards of the SP [gg Amd. No. ! zone. e. When lots are crossed by major public utility easements, each lot shall have a net usable area of not less than 3,600 square feet, exclusive of the utility easement. f. Graded but undeveloped land shall be maintained in a ~eed-free condition and shall be either planted with interim landscaping or provided with other erosion .control masures as approved by the Director of Building and Safety. g. Trash bins, loading areas and incidental storage areas shall be located away and vtsually screened from surrounding areas with the use of block walls and landscaping. 19. Prior to RECORDATION of the final map the following conditions shall be satisfied: m. Prior to the recordation of the final map the applicant shall submit ~rttten clearances to the Riverside County Road and Survey Department · that all pertinent requirements outlined in the attached approval letters fram the folioming agencies have been met: County Fire Department County Flood Control County Parks Department County Health Department County Planntng Depariament Eastern Municipal klmter Dist. b. All extsttng structures on the subject property shall be r~ved prior to recordation of the final top. TENTATIVE TRACT gO. Z3100 Miner Change No. 1 Conditions of Appr~al Page 4 c. The' co. on open space area shall be shown as a numbered lot on the final map and shall be managed by a master property owners' association. d. Prior to recordation of the final map, the subdivider shall convey to the County fee simple title· to all can~non or common open space areas, free and clear of all liens· taxes, asses~ent, leases (recorded and unrecorded) and easements· except those eas~nts which in the sole discretion of the County are acceptable. As conditions precedent to the County accepting title to such areas· the subdivider shall submit the following documents to the Planning Oeparl~nent for review, which documents shall be subject to the approval of that department and the Office of the County Counsel: 1) A declaration of covenants, conditions and restrictions; and 2) A sample document conveying title to the purchaser of an individual lot or unit which provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference. The declaration of covenants· conditions and restrictions submitted for review shall {a) provide for a term of GO years· {b) provide for the establisl~ent of a property owners' association c~prtsed of the owners of each individual lot or unit and (c) contain the following provisions verbatim: 'Notwithstanding any provision in this Declaration to the contrary· the following provision shall apply: The property owners' association e_stabltshedher.ein shal. l,_.tf dormant be activated· by incorporation or othen~lse, at zne · r m request of the County of Riverside, and the property owne s association shall unconditionally accept ¢ra~ the County of Riverside u on the County's aleand· title to all or any part of · p ! I the 'cmm~on ,rea', more p, rttcularly desert.bed on ~htb. t.t _~fX-~_ attached hereto. The dectston to require &ctlvat~on o · · owners' association and the decision to require that the property , rea' association unconditionally accept title to the cambria shall be at the sole discretion of the ~ounty of Riverside. In the event that the cammran area, or any part thereof, is conveyS.. to .t.he. property?~,,ers' thereafter samIra own suc~ cammaan .~a , .... _ maintain such 'camnon area', or anY part continuously absent the prior ~rttten consent of the Planntng Dtrector of County of I tverstde or the Cou.nt.y:s suc..cesso. r- t. t_nte. s st; property o~mers' association shall n~ve the r~gn~ ~ a the TEXTATI¥£ ~ II0. Z3100 Minor CZange No. ! Camdittoes of Approval Page $ owners of each individual lot or unit for the reasonmble cost of mintmining such 'C~m~n mrea', mnd shall hmve the right ~o lien the property of mny suchowner'who defaults in the pmyment of a mintenance mssesprit. An mssessment lien, once cremted, shmll be prior to all other liens recorded subsequent to the notice of &ssessnmnt or other document cremttng the mssess~mnt lien. This Declaration shall not be terminated, 'substanttmlly' m~mnded or property deannexed therefrom mbsent the prior written consent of the Plmnning Director of the Caunty of Riverside or the County's successor-in-interest. A proposed mmendnmnt shall be considered 'substantial' if it mffects the extent, usage or maintenance of the mc~mml~n mr, at. In the event of any conflict between this Declaration and the Articles of Incorporation, the Bylmws, or the property owners' mssoctmtton Rules mnd Regulations, if any, this Declaration shall control ' Once mpproved, the declaration of covenants, conditions and restrictions shall be recorded mt.the same time that the final ~mp is recorded. Prior to recordmtion of the final ~mp, clearance shall be obtained from R~ncho California Water District relative to the protection of mppltcable emsenmnts affecting the subject property. The developer shall comply with the following parkway lmndscaptng conditions: 1) Prior to recordmtton of the ftnml mp the developer. shall file mn Application with the County for the for~tlon of or annexation to, a parkway mtntenmnce district for Tentative Tract 23100 Minor Change No. ! in mccordmnce with the Lmndscmptng mnd Lighting Act of 197Z, unless the project is within mn existing parkway mint, hence district· Z) Prior to the tssumnce of building per~rlts, the developer shall secure mpprov&l of proposed landscaping &rid irrigation plans fra~ the ~unty i~&d mnd Plmnntng Depmrtz~nt. All Imndscaptng mnd irrigation plans and_ specifications shall be prepared in a reproducible, f?rmmt sultmble for .~rmnent filing with the County I~d Dep~rzzmn~. 3) The developer shall post · landscape perfo~nce bond which shall be relemsed concurrently with the relemse of subdivision performnce bonds, gumr&nteetng the vtmbtltty of mll lmndscmptng which will be installed prior to the assumption of the mtntenmnce responsibility by the district. TEXTATIYE ~ BO. Z3100 Minor Change No. ! Page $ 4) The developer, the developer' s successors-i n-t nter~st or assignees, shall be responsible for all parkway landscaping maintenance until such time as maintenance is taken over by the district. S) The developer shall comply with the standards and exhibits in Specific Plan Xg9 ~d. No. 1.. The developer shall be responsible formalntenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Plmnntng Director. h. Street lights shall be provldedwithtn the subdivision in accordance with the standards of Ordinance 46! and the following: Concurrently with the filing of subdivision improvement plans with the Road Depart:nent, the developer shall secure approval of the proposed street light layout first from the Road Oepar~nent's traffic engineer and then from the appropriate utility purveyor. 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 m street lighting district, or mnnexatton to an existing lighting district, unless the site is within an existing lighting district. 3) Prior to recordation of the final mp, the developer shall secure conditional mpproval of the street lighting mppltcatton from LAF¢O, unless the site is within mn existing lighting district. 4) All street lights mnd other outdoor lighting shall be sh~ on electrical pmmns submitted to the I~par~nt of !~ilding and ~fety for plan check approval and shall comply with the ~trmnts of Riverside ~unty Ordinance #o. $55 and the Riverside ~untyGomprehenstve General Plan. 20. Prior to the ism&rice of GRAOINGP£RI41TS the following conditions shall be satisfied: Prior to the tssumnce of gridtrig permits for 160 units, the mppltcant shall obtain clearance fram the U.S. Fish and ¥tldltfe Service to ensure mitigation for'~val of Stephens I~nga~ habitat in the park area. TERTATZVE TIACT I10. ~3%00 #lmr CM~ge No. ! Ca-dittos of Approval Fege 7 b. Prtor to the tssuance of gradtng permits, the applicant shall comply with 0rdlnance No. $63 by paytng the fee required by that ordinance. Should Ordinance No. 663 be superseded by the provisions of a ~bttat C~nservatton Plan prior to the paj~nent of the fees re~1~d by Ordinance No. 633, the applicant shall pay the fee required under the ~btt~t ~nservatton Plan as tmplement~d by ~unty ordinance or resolution. c. ~tor to issuance of gradlng permits for 160 units on Tract 23100, the I~rk area shall be develo&Md i~r ~ctftc Pl&n No. 199 ~d. Mo. ! Prtor to the tssuance of gradtng permlts detatled co. on open space area landscaping and Irrigation plans shall be submitted for Planntng I)eparl~ent approval for the phase of develoQnent in process. The plans shall be certified by m landscape architect, end shall provide for the folloWrig: Peaanent auto~attc irrigation syste~ shall be Installed on landscaped areas retiring irrigation. Landscape screening ~ene requfred sha~l be designed to be opal, up to a =tntmum height of six (6) feet at maturity. All uttltt~ service areas and enclosures sha~l be screened from view with landscaping and decorative barriers or baffle ~rea~ents, as approved by the Planning Director. UtllttJes shall be placed unde~und. e Parkways and landscaped butldtng setbacks shall be landscaped to provide visual screening or a transition tnto the primary use area of the site. Landscape elements shall tnclude earth bera~ng, ground cover, shrubs and specimen trees in conjunction with meandering sidewalks, benches and other pedestrian amenities where appropriate as approved by the Planning Oepartment. S. Landscaping plans shall incorporate ?.he use of specimen accent trees at ke~ visual focal points within the project. Where street trees cannot be tntartor streets and project rlght-of-uay, they shall be rt ght-of-my. planted within right-of-way of parkrays due to tnsuff$cteot road planted outstale of the road 7. Landscaping plans shall Incorporate native and drought tolerant plants where appropriate. 8. All existing specimen trees end slgnlftcmnt rock outcrop~fngs on the subject property shall be sho~n on the proJect's grading plans and shml I note those to be removed, relocated and/or retained. TEXTATIVE TRACT NO.' 23100 Minor Change Mo. ! Conditions of Approval Page 8 g. All trees shall be minimum double staked. Weaker and/Gr slow growing trees shall be steel staked. 10. The 1 shall conform to 'those shown in Specific Plan !gg Amd. No. !P. aris e. All existing native specimen trees on the subject property shall be preserved wherever feasible. Where they cannot be preserved they shall be relocated or replaced with specimen trees as approved by the Planning Otrector. Replacement trees shall be noted on approved landscaping plans. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detatled grading plans for individual phases of development and shall include the following: !. Techniques which will be utilized to prevent erosion sedimentation during and after the grading process. and 2) Approximate time f~ames for grading and identification of areas which may be graded during the higher probability rain months of January through March :3) Preliminary pad and roadway elevations 4) Areas of temporary grading outside of a particular phase g. Driveways shall be designed so as not to exceed a fifteen (15) percent grade. t. Grading plans shall conform to Board ·dopted Hillside Oevelop~ent Standards: M1 cut end/or t'ill slopes, or individual co,etnattons thereof, which exceed ten feet in verttcml height shall be modified by an &pproprtate combination of ·spectal terracing (benchtng) plan, increased slope ratto (i.e., 3:!), retaining ells, and/or slope Tlanttng combined with irrigation. All driveways shall not exceed a tfteen percent grade. M1 cut slopes located adjacent to ungr&ded natural terrain and exceeding ten (!0) feet in vertical height shall be contour-graded incorporating the following grading techniques: TEI(TATIVE TRACT I~. ~100 Iqt~or (~nge No. ! Co~dttto~s of A~r~val Page g 21. The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. 3) The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. 4) Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. J. Natural features such as w~ter courses, specimen trees and significant rock outcrops shall be protected in the siting of individual building pads on final grading plans. k® Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that all adjacent off-site mnufactured slopes have recorded slope easements and that slope mmtntenance responsibilities have been assigned as approved by the Director of Building and Safety. Prior to the issuance of grading permits, a qualified paleontologist shall' be retained by the developer for consultation and comment on the proposed grading with respect 'to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pro-grade mating 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. Prior to the lssuance of BUILDING PER~ITS t~e following conditions shall be satisfied: In mccordante with the t~rttten request of the developer to the county of Riverside, m copy of ~htch ts on file, and in furtherance of the agreeant between the developer and the County of Riverside, no t~tldtng Permtts shall be issued by the County of Riverside for any parcels within the subject tract until the developer, or the developer's successors-in-interest provided evidence of compliance with the terms of said Developant Agreemnt Mo. S for the financing ~tr public facilities. b. ¥tth the submittal of building plans to the Depart=ant of Building and Safety the developer shall demnstr&te compliance with the mcousttcal T~ITATIVE 1UCT I0. ~3100 Rimor Change No. 1 Pig· 10 · m~lted to individual d~el]tn9 units Mthln the subdivision to reduce tent tat·riot nots· levels to.45 Ldn ·ad extertor aotse levels belo~ 65 Ldn. Roof-louated ~echantcal equIwent $hall not be Wintered ~thta the suMtvtston, however solar equipment o~ ·~y other energy saytag devices shall be paint·ted Mth Planning Department approval. d. 'Buildlag separation between all buildings Including fireplaces shall not be less than ten (10) feet. e. All street side ~d setbacks sha~ be · m~ntuum of ten (10) feet. f. All f~nt ~rds shall be p~v~ded ~th landscaping end lut~tlc t~gatfon. Prior to the tssuance of O(::CUP~CY P£~ITS the folloWrig conditions shall be satisfied: Prior to*the ftna~ buildtag 1aspectton approva~ by the Bu1~dt~g and Safety Department, ~alls shall be constructed ·1oag Katser Pa'rk~y end ~ncho California Road per the requirements of Speclflc P~an 199 No. I and Tentative Tract 23100 Hlnor Change acoustical study. requ.lred ~all shall be subject to the approva~ of the Director of the Department of Butldtng tad Safety ·rid the Plannlng Director. b. Wll lad/or fence locations sha~l conform to Exhtbtt II1-28 of Spactftc Plan 199 Md. No. 1. c. Ali l·ndsc&ptng and Irrigation sh·~l be tnst~]ed ¶n ·cco~dance wtth approved p~aas prior to the Issuance of occupancy permits. If seasonll conall·tons do not pemtt planting, tatartin landscaping lad eroston control masu~es shall be uttllzed ·s ·pproved by the Pl·antng Dtrector and the Dtrector of Butldtng lad Safety. Ali liadscaplng ~nd 1rTtgatIon shall be Instilled tn ·ccord·nce ~tth &pproved ~lins lad $h811 be vettried by · Plinntng Department fteld tupoctton. Not wSthstandlng the ~ocedtng co~dtttofis, ~erever an ·cousttcal $tu~ ts Ftqutred for nots· ·ttenuatlon P~poses, the Mights of 811 r~qut~d mils shall be de··mined by the acoustical study where applicable. Ce~crete ttde~elks $hall be constructed throughout the subdivision tn accorib·c! with the sUndilYlS of 0talin·ace 461 and Spaclflc Plan No. log Md. No. I, TERTATZYE TRACT IIO. Z3100 #l~or Change IIo. 1 Omdttlons of Approval P&ge 11 Street trees shall be planted throughout the subdivision tn accordance vlth the standards of Ordinance 460 and $pectftc Plan No. 199 Amd. No. 1. I~:ncb OFFICE Riverside County Planning Connn£ssion 4080 lemon Street Riverside, CA 92501 February 24, 1989 P.O. IOX tO~O 0'14) 71T.4~S4 Be: Tract I~p 23100 - Minor Change Schedule A - Team SP I. udies and Gentlemen: With respect to the conditions of approval for the reference tentative land division map, the Road Department reconnnends that the landdivider provide the following street improvement plans and/or road dedicat£ons in accordance with Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 461). It is understood that the tentative map correctly shows acceptable centerline profiles, all existing easements, traveled ways, and drainage courses with appropriate O's, and that their omission Or unacceptability may require the map to be resubmitCed for further consideration. These Ordinances and the following conditions are essential pa~ts and a requirement occurring in ONE is as binding as though occurr£ng in all. They are intended to be complementary and to describe the conditions for a complete design of the improvement. All questions regarding the true meaning of the conditions shall be referred to the Road Conunissioner's Office. The landdivider shall protect downstream properties from damages caused by alteration of the drainage patterns, i,e., concentration of diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/ or by eecuring a drainage easement. All drainage easements sh~11 be shorn on the £1nal 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 Del~artment. · he landdivider shall accept'and properly dispose of all o~slte drainage flo~lng onto or through the site. Zn the event the Road Commissioner permits the use of streets ~or drainage purposes, the provisions of Article x! of Ordinance Ho. 460 will apply. Should the quantities exceed the street capacity or the use of ~treets be prohibited £or drainage purposes, the subdivider shall provide adequate drainage facilities · s approved by the Road Del~urtment. .:Tract Hap 23100 - #tn0r Change F ~-uary 2¢, 1989 o o drainage is involved on this landdivision and i~s resolution.shall be as spproved by the Road Department. Kaiser Parkway shall be improved within the dedicated right of way in accordance with County Standard No. 101, Section B. (38'/50') CA' and "B" Street shall be improved within the dedicated right of way $n accordance w£th County Standard No. 103', Section A. (44'/66') "C' 'F" 'G" 'K", "H" 'O" and 'S" Streets shall be improved within the dedicated right of way in accordance with County Standard No, ~04· Section Streets shall be improved within the dedicated right of way in accordance with County Standard No. 105, Section A. ((3~'/60') The landdivider shall provide utility clearance from Rancho CalLfornia Wa~er District prior to the recordation of the final map. The minimum centerline radi~ shall be 300' or as approved by the Road Department. 10. Rancho California Road shall be improved with concrete curb and gutter located 43 feet from centerline and ma~ch up asphalt concrete ~aving; reconstruction; o~ £esurfacin9 of existing paving as determined by the Road Commissioner within a 55 foot half width dedicated right of way in accordance with County Standard No. 100. 11. The minimum lot frontages along the cul-de-sacs and knuckles shall be 35 ~eet. 3.2. 13. 14. All driveways shall con£orm to the applicable Riverside County Standards. Mhen blockwalls are required to be constructed on top of slope, a debris retention wall shall be constructed at the street right of way line to prevent silting of sidewalks as approved by the Road Commissioner. The minimum garage setback shall be 30 feet measured from the face of curb. '.tract #ap 23100 - #1nor Change February 24, 1989 f~age 3 15. 16. 17.. 18. 19. 20. 21. 22. 23. 24. Concrete sidewalks shall be .constructed throughsue the landdivision in accordance with'County Standard No. 400 and 401 (curb.sidewalk) Primary and secondary access roads to the nearest paved road ~aintained by the County shall be constructed within the public right of way in accordance with County Standard Ha. 106, Section B. (32'/60') at a grade and alignment as approved by the Road Commissioner. This is necessary for circulation purposes. Prior to the recordation of the final ~ap, the developer shall deposit with the Riverside County Road Department, a cash sum of $150.00 per lot as mitigation from traffic signal impacts. Should the developer choose to defer the time of payment, he may enter into a written agreement with the County deferring said payment to the time of issuance of · building permit. Improvement plans shall be based upon a centerline profile extending · 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 maintenance by County. Electrical and communications trenches shall be provided in accordance with Ordinance 461, Standard 817. Ashphaltic emulsion (fog aeal) 'shall be applied not less than fourteen days following placement of the asphalt surfacing and shall be applied at · rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Sections 37, 39 and 94 of the State Standard Specifications. Standard cul-de-sacs ·hall be constructed throughout the landdivision. Corner cutbacks in conformance with County Standard No. 805 · hall be ·horn on the final map and offered for dedication. ~ot access shall be Eestrlcted on Kaiser Parkway, Rancho California Road and Butterfield Stage Road and as noted on the final map. ~anddivisions creating cut or fill elopes adjacent to the streets ·hall provide erosion control, light distance control and ·19pe easements as approved by the Road Department. Nil)' 23100 - Iqtnor Change 24. 1989 26. 27. 28. 29. 30. All centerline Intersections sha~l be at 90' with so' tangenS neasuzed ~rom ~1ov l~ne. The street design and improvement concept of this project shall be coordinated with Sp 199, TR 23101, TR 23102, TR 23103, TR 20879, TR 22715 and TR 23142. Street lighting shall be required in accordance with Ordinance 460 and 461 throughout the subdivision. The County Service Area (CSA) Ad~inistrator dete~- mines whethe~ this proposal qualifies under an existtnq assessment district or not. lg not, the land owner shall £tle an application with LAFCO for annexation Into or creation of a 'Lightin9 Assessment District' ~n accordance with Governmental Code Section 56000. All private and public entrances and/or ~ntersect~ons opposite this project shall be coordinated with project and shown on the street improvement plans. this A striping plan is required for Kaiser Parkway, Rancho California Road and Butterfield Stage Road. The removal of the existing striping shall be done by County forces with all %ncurred costs borne by the appl£can=. The landdivider shall comply with the recommendations for SP 199 as outlined in the Road Department's letter da~ed April 1, 1988. Very truly yours, L · JC,I~NLe~'H L. [IDwARD~ ~1~f bll N~J~ l~L.l~q¢O~l E (714! RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Riverside County Planning Depart~aent " County Administrative Center Riverside, California Attention: Regional Team No. ~r~e, P~-. Re: Area: WE have reviewed this case and have the following comments: Except for nuisance nature local runoff which may traverse portions of the property the project is considered free from ordinary storm flood hazard. However, m storm of unusual magnitude could cause some damage. New construc- tion should comply with all applicable ordinances. The topography of the area consists of well defined ridges and natural water- courses which traverse the property. There is adequate area outside of the natural watercourses for building sites. The natural watercourses should be kept free of buildings and obstructions in order to maintain the natural drainage patterns of the area and to prevent flood damage to new buildings. A note should be placed on an environmental constraint sheet stating, 'All new buildings shall be floodproofed by elevating the finished floors a minimum of 18 inches above adjacent ground surface. Erosion protection shall be provided for mobile home supports.' This project is in the Area drainage plan fees shall be paid in accordance with the applicable r~les and regulations. The proposed zoning is consistent with existing flood control facilities or floodproofing may be required to implied density. hazards. Some flood fully develop to the The Dtstrtct's report dated is still current for this project. _ ~' The District' does not object to the proposed minor change. The attached coements apply. Very truly yours, KEgNE'I'H L. EDUARDS Engineer ,¢ ~enlor Civil Engineer IU~-It~D£ COUNTY ~ DE~RT'M~ IN COOPERATION WFTH THE CAMFORNIA DE.PAR'rid ENT OF 3-7-89 4480 Lano~, Sa~4~ Sul~ X X IUv~ C.q. 9Z50X (71,4) 787.6606 23100 - AHE'~]~ t.1.-' lf~0~ C:HA.HGE PROTECTION Schedule "A" fire pro~ec~ion approved s~nnda=d fire hyd=an~s, (6"z4"x2i") located one ac each sc=eec ~ncerseccion and spiced no more than 330 feec aperc ~n any d~recc~on, v~_ch no portion of any loc fronc&ze more cha~ 165 feec frome hydrant. M~-~--,~ f2re flor shall be 1000 GPH for 2 hours duration a='20 PSI. App~Lcanc/developer sha~l furnish one copy of =he v&cer sysCe~ plans Co =he P~re Depar=neuC for reviev. Plans shall conform co f~re hydran~ types, 1oca~on ~d ,pac~n~, ~d, ~he system shal~ nee~ ~he f~re f~ requ$r~en~s. ~lans sha~ be I~ed/epp~ed by a res~s=e=ed c~v~l engineer ~d ~he local water c~any ~=h =he foiling.certification: "I ce==~[y =ha= =he design o[ =he rarer 8ys=em ~s ~ accord~ce ~h =he requi=~en=s prescr2bed by =he ~verside Coun=y Fire ' Dept." ~e required viper 8ys~ ~nclud~n~ ~re hydrate shill be ~led ~d accepted by the appropr~l~e vace~ aSency pr~o~ ~o ~y c~us~b~e bu~ld~ ~er~ be~nE phced on ~~v~du~ 1o~. KITIGATION FEES l~c~or co the records=ion of chs f~u~ ~ap, =he developer 8haJJ. deposi~vich the l~versids CounLTYire Department a wh ~of $400.00 per loc/,,~ fo~ fXze p=ocec~on~ac~s. ~d ~he d~el~er ~oose to defer the of pa~nc, he my ~Ce= ~co a~ccen agreesue ~ch the ~cy defe~g 8~pa~enC Co ~e ~ of ~su~ce o~ a b~.~-~ Ll~quucions resard~ the ue~n~nf of che conditions eh~L~ be Eelerred Co the Chief Y~e Depar~unC Planner By C, eor~e Tatum, Deputy FXreMarsh&l · ' '' County of Riverside · --~4): IIVE~DE COU~I~ FLA~ING DE~T. DATE: FEBRUARY 8, 1989 A~: ~ gI~O~ ~OM: S~ ~TINEZ,~IOR S~IT~ - ~IRO~ ~ S~VICES RE: TRACT 23100 - WiNOR CHA~G£ 81 Tat EnvirmmenCa! Bealch Services hAS raTlaved Tract 23100/ Minor ch&use ~I d~ted January 20, 1989. Our counents will renain as stated ~n our previous ueno dated April 19, 1988. S~:cr RIVERSIDE COUNTY PLAN!'IING DEPARTMENT February 28, 1989 Administrative Center * 1777 Atlanta Avenue .. Riverside, CA 92507 Riverside County Planning Department Attent£on~ Kathy Gifford County Administrative Center 4080 Lemon Street Riverside, CA 92501 RE: Tract 23100 - Minor Change Ladies and Gentlemen~ The Land Use Division of the Department of Building and Safety has the following con~ents and conditions: Prior to the issuance of building permits, the developer shall obtain Planning Department approval for all on-site and off- site signage advertising the sale of the subdivision pursuant to Section 19.6 of Ordinance 348. Fireplaces may encroach 1' into required minimum 5' side yard setback. Mechanical e~utpment may not be located in required minimum 5' side yard setback. Very truly yours. DEPARTMENT OF BUILDING AND SAFETY Land u _ tv*sion .4k:Imlnlltrafion U14) ~82-8840 · ('/'14) 787-2020 Riverside Co. Planning Dept. , 4080 Lemon. St., 9th Floor · Riverside, Ca 92S01 The District is responding to your request for ¢ont~ents on the subject project relative to water and/or sewer servt~e. The items checked below apply to this project' review. The subject project: Is not ~ithin EHWO's: water service area sewer service area ~'/'Will be required to construct/provide the following facilities if to be served by EMWD: · Water Service Any and all necessary Ohsire and any offsite water mains, regulators, pumping plants, storage tanks, and appurtenant facilities and works. All mains and facilities are to be regionally sized. Participation in regional water facilities, and fee payments must be met. ~ Water mains will not be allowed along lot lines/private lands. Fire flow requirements and backflow prevention requirements must be mr. · · ewer Service ' '~b~'and all necessary ~gtonally sized onstte and offsite gravity sewers and · appurtenant works that might include munltortng manholes, lift stations, force · mains, and effluent disposal/use. Se~rs will not be a11~d along lot · lines/private land..Fee pay~e_nt and participation in' ~gtonal sewers, treatmnt, &nd~effluent dtsposal must be met. O~ly ~stes acceptable to EMWO regulations will be allowmd. , · .... EASTERN MUNICIPAL NRTER DISTRXCT ~lmnntng Department 204) S. SmnJmcimo 5~,cc~ ® Post Offke lk~ R)00 · SonJKinm. C~lifu~ni~ 92~)-1)00 ® Teki~ ~714) 925-7676 R~ve~side County Road EM~a£tuent P.O. Boz 1090 Rlve~side, CA 92502 Attention: Subd~vis~on Section SiTSager: Tentative T£act Kap Ho. 23100 CAmended No. 1) Please be advised that the division o~ the p£ope~ty shown on Tentative T£actaa~ No. 23100 CAmended No. l) rill not unceasonably lnte~e~e vith the ~£ee and complete exe:c~se o~ any easenentCs) held by Southern Cali~o~nia Edison Con,any ~i~hin the boundaries o~ sa~d tentative t£act Rap. This lette£ should not be const£ued as a subo~dination oE the Compan¥'s Eights, title and lntenest in and to said easehens(s), no£ should this lette£ be const£ued as a ~a[ve£ oE any oE the p£ovistons contained in said easement(s) o£ a va~ve~ oE any costs ~o~ £eloca~ion o~ a~ected facilities. In the event that the developBent £equ~es ~elocation oE Eacll- lties, l~ any, on ~he subject 9£ope£ty by =lght oE easeuent o= othe£wise, the ovue=/develope£ will be £equested to bea£ =he cost o~ such £elocation and p£ov~de Edison w~th suitabXe £eplaceuent £i~hts, Such costs and £eplacement £1ghts a~e ~equ~Eed p~£o~ to the ~e£~o£mance o~ ~he £elocatLon. If additional info£uation Is £equ~£ed in connection vXth the above uen~Loned subject, please call Dennis C. Bazant at (213) 491-2&44. · R. P. RCTSSEL RKI,OC. ATIC~ AND D[STRIBUTIOH Z)~/bJv co: Rlve£side Coun~F Plann~nqDepa~uen~, Attn: ~thy Gi~o£d Couuun~t~ Knginee~lng $e~v~CeSo Inc. M A R L B O R O U E H O E V E L O P M E N 1' C O R P O R A T I O Job No. 100.98 Code T~RAC~S 2310(}-1 & -2 FM LETTER OF TRANSMITTAL Regard I ng: Gent I emen: CITY OF ~K~3LA 43172 B~INESS PARK DRI~E CA 9239O (Project) T R A C T We are transmiTTing To you enclosed herewith Sent by: Messenger Mal I Handed J.NESS Pickup UPS OTher NOS. DaTe: ~ 14, 1) A~"fn: ~. ~ ~Lla~-'4:IIRE, C~ [~]A(]E~ 23100-1 and 231O0-2 Under separate cover 1) 1 blueline - %TRAC~ MtkP -231fK)-i and 23100-2 from County of Riverside [~partment of Survey (Ron Barnett) 2) Letter of Clearance from County of Riverside - D~partment of Survey - as required for recordation of ~act ~ap. Please exI~=dite for next City Council Agenda. Thank You. These are: (As checked below) 1. Y-DQ( For your approval 6. __ 2. For your signature 7. __ 3. For use on Job 8. 4. For your flies 9. __ 5. For your informeTlon cc: __ (Others) Very ~ruly yours, NARLBOR/~ DEVELOPMENT C~/~ION Gary ~'atland Director of Engineering For estimate due Returned To you For your reply Per your request Job Superlntendent jn SOUTHEASTERN DIVISION · 28751 RANCHO CALIFORNIA RD. t208 · RANCHO CALIFORNIA · CALIFORNIA 92390 · 714 676-4292 CITY OF TEMECULA STAFF REPORT TRACT 23100-2 FebruarX 14, 1970 FEB I 1. Applicant: 2. Engineer: 3. Type of Request: MARLBOROUGH DEVELOPMENT CORPORATION COMMUNITY ENGINEERING SERVICES, INC. City acceptance to record Final Tract Map 23100-2, to include improvement of street, water, sewer and monumentation. - Final Tract Map No. 23100-2 - 14 Residential Lots - Total Acreage - (122.4 Ac T.T. 25100) 2.4 DU/AC - Minimum Lot Size - 7,200 Sq. Ft. Actual Lot Size - 9,300 Sq. Ft. (Average) 4. Location: 5. Zoning: 6. Conditions: 7. Tentative Tract Approvals: West of Butterfield Stage, North of Rancho California Road and East of Meadows Parkway (Kaiser Parkway). Approved Specific Plan zoning in Village "B" of Margarita Village Specific Plan (SP 179 Amendment No. 1), Change Of Zone No. 5107, General Plan Amendment No. 150 and Development Agreement No. 5. All conditions have been met, (see attached clearance letters from County of Riverside Planning Department and Road Department). Tentative Tract No. 23100 Amended No. Environmental Assessment No. 52318, approved by Board of Supervisors on November 8, 1988, (See attached County of Riverside letter dated November 25, 1988, and Minor Change No. I dated May 1, 1789). B. Action: Staff recommends City Council accept agreements and bonds for the improvements and to record Final Tract Map No. 23100-2. TO CORONA S4NT/A¢O FO SAN DIEGO VICINITY' MAP NOT TO SCALE' ROAD .PROJECT 79 TENTATIVE TRACT NO. 23100 -'~ ~-~ MARLBOROUGH VILLAGE ..... · ' I%---.-" · ~.. .. a~,~,,,,,.~.~=~- l~ "'~ '~' --~'~ .......... ..~ , ~,..: ' .~ r~ OFFICE OF THE ROAD COMMISSIONER AND COUNTY SURVEYOR COUNTY OF RIVERSIDE LeRoy D. Smoot Road Commissioner and County Surveyor County Administrative'Center Mailing Address: PO Box 1090 Riverside, CA 92502 ?elephone (714) 787-6554 February 14, 1990 SUB~ITTAt TO FRANK ALESHIRE, CITY MANAGER OF THE CITY OF TEMECULA FROM: Acting City Engineer for the City of Temecula SUBJECT: Tract Map 23100-1 in the First Supervisorial District SPECIFIC REQUEST: Pursuant to the Subdivision Map Act and local ordinance it is REQUESTED that the City Council approve said map. All required certificates and documents have been filed and the map is ready for recordation. IFT: GAS :MSB: rdb Ivan F. Tennant Acting City Engineer The City of Temecula Re: Tract 23100-1 February 14, 1990 The developer 'wishes to enter into the following agreements to cover the improvements within this subdivision for: IMPROVEMENT OF STREETS (Bond No. SUR 10 67 45) WATER DISTRIBUTION SYSTEM (Water to be supplied by Rancho California Water District) (Bond No. SUR 10 67 45) SANITARY SEWER SYSTEM (Service to be provided by Eastern Municipal Water District) (Bond No. SUR 10 67 45) SETTING OF LOT STAKES AND SUBDIVISION MONUMENTS (Bond No. SUR 106744) MATERIALS AND LABOR (Bond No. SUR 10 67 45) in the amount of $589,750 is also attached. The above referenced bonds are issued by Golden Eagle Insurance Company. This map complies in all respects with the provisions of Division 2 of Title 7 of the Government Code and applicable local ordinances. The dedications made on said map are for: 1. Lots "A" through "K", inclusive, and the abutters rights of access for public road and public utility purposes, and as part of the City Maintained Road System. 2. Lots #L" through "P", 1-foot barrier strips are dedicated to the City of Temecula for street and access control purposes. 3. Drainage easements are dedicated to public use. 4. 10 Foot equestrian easement is dedicated to public use. :IiVE::I )iDE counct, i)l. Annin( DEP&RClTIEnC DATE: November 23, 1988 RE: TENTATIVE TRACT HAP NO. 23100 A~d. 1~ E. A. NLMBER: 32318 REGIONAL TEAH l~O. ~pectfic Plans Jeam Dear Appltcant: The Riverside County Board of Supervisors has taken the followi.ng action on the above referenced tentative tract map at its regular meeting of I(oven~er ~, 19~ . x APPROVED tentative map subject to the attached conditions. DENIED tentative map based on attached findings. APPROVED withdrawal of tentative map. The tract map has been found to be consistent with all pertinent elements of the Riverside County General Plan and is in compliance with the California Environmental quality Act of 1970. %he prujeFt will not have m significant effect on the environment and a Negative Oeclara(i~,A~h~ ~e~dopted. . A conditionally approv~d tenta:tv(i tract map shall expire ~.~q~=Jnonths after the approval at the Board of SupervisorlkHe~ ~he-~..et~ of which is show~,,'~at~ov~. ~ unless within that period of time a flna)~ae~ ~ih~T.~..j(~./~e~Lapproved a~.f,~el~J~wfth the County Recorder. Prior to the expiration d~ce~'~ ~.~' ~p~.~'vfdige[~xJ'alppl~.,~4~. ~,~.'.i~. ~..(ng .for. an extension Of time. Appl icati on shal ll) t ~'~. ~he Planning _4)j~C~.~Jr~r't~y (30) days prior to the expiration date of the tent~kt ~ '_')Ct~ilk~p~q.~;: ]~)B~ ~F'~Uj~-e~t~;p~'~ extend the period for one jear and upon further ap) ~-ation a sc~md and a thi'~ ~)car. y Very truly yours, RIVERSIDE COUNTY PLANNING DEPARTMENT Roger S. Streeter, Planning Director ) RG :mp Ron Goldman, Principal Planner FILE- WHITE APPLICANT - CANARY ENGINEER- PINK 295-39 (~e~. 10183) 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 46-209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 Dear Appl leant: RiVER iD coun i .Anninc DEF'AR rilEn ". _', ...,.,,. RE: MAY C.E.$. INC. RIVERSIDE TENTATIVE TRACT MAP NO. 21100 :-linor Change E. A. NURSER: --1 REGI0~iAL TE~ ~. So~cifi~ .~l~ns The Riverside County Board of ~pervisors has taken the following action an the above r~ferenced tentative tract map at its r~gular meeting of Aoril 18, 1989 . XX APPROVED tentative map subject to the attached conditions. DENIED tentative map based cn attached findings. _ APPROVED withdrawal of tentative map. The tract map has been found to be creststent with all pertinent elements of the Riverside CoJnty General Plan and is in canpliance with the C~lifomia E~vironmental ~ality Act of 1970. ~ pruj~.ct will not have-a significant effect an the environment and a Negative Declara!~im ~S ~e?~,~dopted. t~ ~rd of ~pe~iso~ ~...~j~(te o, ~lhich is ~~, unless within that ~ri~ of tt~ a final ~s~ll'~d ~ep approved and f~ith t~ C~nty ~corder. Pri~ to t~ expiratim d~,r~',l~v(d~'~'~pl~ .('~'~(ng for an extensim of tim. ~plicati~ shall'~ ~, .'~~he Pla~ing ~~"~ (30) days prior to the exptrattm date of t~ ten~~'~;'. ~~'~ ~)C~,~i~'~y extend the peri~ for ~e ~ar and up~ ~rther ap ~t(~, a ~cmd ' ap~~~~ and a thi Very t~ly y~rs, RIVERSIDE COUNTY PLANNING DEPARTHENT Roger S. Streeter, Planning Director Kathy Pl &rme~-' I [ ~ jle FILE- WHITE LEMON 8'T'REET. P FLOOR IqIV~RIIDE. P. ALIFORNIA 02501 C.E.S. INC RIVERSIDE 46"209 OASIS STREET, INDIO. C~UF~IRN. IA'~220t (is ~ ~)' ~2:e277 County of tCiverside T Road Department DATE: 12/20/89 Attn: Renee Oelptno '- .... FROM: Planning Oepartment, Katherine Gifford~F~ l~E: Tent Tract 23100 - Phases 1 & 2 The following items are needed to clear units 1 and 2 of ~entative Tract 23160, Minor Change t1: Clearance from County Counsel or the City of Temecula for the tract's CC&R's. ® Transmittal of unitizatton clearance from Road Oept. Staff has received a xeroxed .copy of clearnce for the first two units but would like to complete the unitization clearance with Road approval. Please call extension 6356 if you ha~e any questions G~I. FO~d 4. (P4v. Cou t Knute Noland, Building and Safety 11i e side 1989 Ron Goldman, Principal Planner. Planning Oepart,.~nt TRACT 23100-1 & -2 The following Landscape Development Plans have been reviewed and are approved by the Planning Department. 1. Final Production Landscape Development Plans were approved May 5, lgSg, including the following: a. Perimeter and Interior Fencing b. Streetscene Landscaping 2. Production Frontyard Landscape Development Plans were approved October 17, lgSg. If you have any questions please call me. RG/j 1 e . UNTY COUNSEL GERALD J. GEERLINGS R E C F.. I FEBO§ ~I~AJ~i4, PO~J.!. & $11~N Memorandum 30, 1990 Attn: Ron Goldman,'Principal Plmnner FROB: Xarin L. ~atts. Deputy County Counsel ~..~ Tract Hap ~o. 23100-1; revised CC&R's The revised Declaration of Covenants, Conditions and Restrictions° and Reservation of Easements for Chardonnay Rills and the sample grant deed submitted with respect to the above-referenced tract map are approved as to form. Attached arm copies Of these documents for you~ ~ile. ; Please also be advised that the subdivider should be required to submit Anneza~ion documents and sample grsn~ d~eds for subsequen~ phases prior to the reco£dation of the final m~,.~$ for said phases. If you have any questions regarding ~he afo=em~ntioned~ ~lease do not hesitate to contact Attachment rATE: ;.'ay 1, 1.i~9 Z~ar Applicant: RiVE:I3iDE counc.u i, LAnninc oF..i,A:lcrnEnc tt, .'..' _', II . ., .~.. RE: C.E.S. INC. RIVERSIDE TENTATIVE TRACT MAP NO. E. A. NUMBER: REGIO)(AL TEAM ~. 23100 :.linor Change :1 SD~cifi~ Plans The Riverside County Board mir SJpervisors has taken the foilewing action m the above ~ferenced tentative tract map at its regular meeting of Aoril 18. 1969 · XX APPROVED tentative map subject to the attached conditions. DEJ~IED tentative map based an attached findings. APPROVED withdrawal of tentative nep. The tract map has been f~und to be consistent with all pertinent elements of the Riverside Ccunty General Plan and is in ccrnpliance with the California Environmental OJality Act of 1970. ~ pruj~ct will not have'a significant effect m the environment A cmditianally approved tenta,:~'v'~'~ract map shall expire ~.'-mmths after the approval at the Board of Supervisort~ Hearing..~he-d(te of ::hich tt ~h~m~,v'.'~a ~bj~r~, unless within that period of time a fina~..,~mj~h~ll'~k~ beet approved and .f, iqe~.~with the County Recorder. Prior to the expiratim dE~e.,r-~F~'.l~/~J~.Jv(d~rC'm~'a~plj~ :1'.~ i_~.l~_ing f. or. an extension Of time. A~plicatiaq shall'~ ~e..~~-~he Plan~ing .~?~_~'~Ffty (30) days prior to the explrattan date of the ten~l~.t.~l~_ 4%a"~':'. ]~)Et~'r~ ~l~ju~.~,'~,~i~$~"F~.y extend the period for me 3mar and ,port further aPi~.~_.~etia~ a sc~and and a RIVERSIO£ COUNTY PLANHING OEPARTMENT Roger S. Streeter, Planning Director Kathy Pl armer-'II~ jle FILE- M'!ITE LEMON ~rREET. ~* FLOOR JII~I~IDE. CALIFORNIA 92501 (714} t87,,6181 ~.mPLICANT- ~ANARY C.E.S. INC RIVERSIDE 46'209 OASIS STREET, ROOM INDIO. CALIF~.~NI&'g2ZO! (ill 9) 342-~277 NllI~MII'iAI 'It)THI BilAXI} (~1 51lPI:.RVISt)R.5 FROM: Planning Oep~rtment SUBMITTAL DATE: Hatch 26, 1989 SUBJECT: HINOR CHANGE NO. ! for TRACT 23100 - Soecific Plan 199 - '--' .... (Margarita Village) - Develol~er Agreement No. 5 - Third SuPervisorial District - Westerly of Butterfield Stage Road, Northerly of Rancho California Road. RECOMMENDED MOTION' RECEIVE AND FILE the Notice of Decision for the Minor Change No. ! for Tract 23100, acted on by the Planning Co, tnission on March 15, 1989. ;~m~G/jle R~Er ~.-Streeter, Planning DirectO¥~ Pr~v. Agn. Depts. ~omment$ Dist. AGENDA NO. RIVERSIDE COUNl'f PLANNING COMNISSION MINUTES 1989 (AGENDA ITEIq 6-3 - Tape 1021, Side 2 - Tape No. 4A) TRACT FlAP NO. 23100, MINOR CHANGE NO. I - Cc,,,,-,nlty Engineering Services - Rancho California/Skinner Lake Area - Third Supervisortel District - west of Butterfield Stage Rd, north of Rancho California Rd, east of Kaiser Pkwy - REQUEST: To redtstrtbute two lots gearing was opened at 4:4g p.m. and was closed at 4:52 p.m. STAFF RECOI~NDATZON: Approval of Tentative Tract No. 23100, Minor Change No. 1, b~sed on the findings and conclusions 11sted in the staff report. The applicant is proposing a minor change to delete two units from the entrance to the tract and move thru to the interior of the tract map. The purpose of that action is to establish a formal entry into the tract. The developer was restricted by the two lots when tim came to design an entry to I~rgartta Village. Gary Fatltn. Cu,,,~ntty Engineering Services, 5225 Canyon Crest Drive. Riverside, advised that this proposed change will enhance the area and their project. They accept the conditions of approval. In answer to Con~ntsstoner Beadling, Mr. Fatlin said that the wrought iron walls are a decorative feature, consistent with the French design of their architecture. The hearing was closed at 4:52 p.m. FINDINGS AND CONCLUSIONS: Tentative Tract 23100 Minor Change No. 1 is located in Village B of the ~rgartta Village Specific Plan {SP Zgg, Amd. No. I); the minor change includes changes to the proJect's entry, relocatton of residential units and corrections to the previous tentative map; and, the tract proposes 287 single family lots on 122.3 acres for an average density of 2.4 DU/acre. The proposed minor change is consistent with the General Plan and Specific Plan and zoning for the site; and, conforms to the requirersants of Ordinance 348 and 460. gOTION:'Upon motion by Commissioner Donahoe. seconded by C~,..lsstoner Brasson, and unanimously carried, the Can~ntsston approved Tentative Tract No. 23100, Minor Change No. 1, subject to the conditions of approval and I~sed on the above findings and conclusions. 47 Zoning District/Area Rancho California/ Ski nner Lake Supervisortel District: Third Specific Plans Section Tract 23100 Minor chmnge No. 1 Planning Commission: 3-15-8g Agenda Item No. $-3 1. Applicant: 2. 13VERSIDE O3URTY I~IRG D~/~ STAFF Melboroug~ Develo~nent Corp. Engineer/Representative: Cmmuntty Engineering Services 3. Type of ~quest: Minor Change to Trmct 23100 4. Location: West of ~utterfteld Stage Romd, North of Rancho Caltforntm Road 5. Existing Zoning: SP 199 Amd. #o. 1 6. ~urroundfng Zoning: A-I-10-, A-2-20, R-T, SP 199 Amd. 7. Site Characteristics: Vacant land traversed with low hills 8. Area Characteristics: Located on eastern edge of Rancho cmTnuntty. Vineyards begin Butterfield Stage Road California east of 9. Comprehensive General Plan Designation SP 199 Amd. No. 1 10. Land Division Data: Total Acreage: 122.3 acres Total Lots: 287 single fmmtly lots DU Per Acre: 2.4 proposed Min. Lot Size: 7,200 sq. foot 11. Agency Recommendations: See letters dated: ~md: 2-24-89 Health: 2-8-89 F1 ood: 2-7-89 Fire: Butldtng mnd S~fety: 2-28-89 Eastern Municipal Water Dtst.: 1-26-89 Southern Calllorn1& Edtson: 2-7-89 12. Letters: O~postng/Supporttng: lone 13. Sphere of Influence: Notwithin City Sphere Tentative Tract 23100'~nded No. I was approved by the Plannlng Cm~lsslon on ~pt~er 28, 1988. The pr~)posed minor change ~s a nu~er of c~onents: Two residential lots ~re rtmoved fr~ the St. A and Rancho C411fornta tritersection t~ reduce noise ¶~acts to residents and ¶mprove ~e entry St~tenent. .. 2) A redestgn of lots along Street C &nd the ~elocatton of lots from the entry ~rea ms Included. 3) The mp re, acts the lot 1the ad~usi~ent proposed &long Tract 20879 and the r~ings ~t~el &djlusttng p~i~rty lines to ~e top of slope. Lot Z99, located at the Intersectton of Pancho Callrolla ~ad and Kalser P&~ey, has !~en Idded as it ms missed in the earlier tentative map. Staff has revte~d these changes ~th the ~eclftc Plan %9g Jimended No. 1, Margarita Vtllage, and has found the changes consistent ~th the docun~nt's poltctes and st~nda~s. Staff finds the proposed minor change ~11 improve the design of the tract entry and residential areas. FINOINGS: 1. Tentative Tract 23100 Minor Change No. 1 is located in Village B of the Margarita Village Specific Plan (SP lgg Amd. No. %) The minor change includes changes to the pro~ect's entry, relocation of residential units and corrections to the previous tentative map. The trac~ proposes 287 single fmmtly lots on 122.3 acres for an average density of ~.4 DU/acre. CONCLUSIONS: The proposed minor change is consistent with the General Plan and Specific Plan and zoning forth, site. The tract conforms to the requirements of Ordinances 348 mnd 460. RECOIg~ENI)ATI~: APPROVAL of Tentative Tract Mo. ~3100 Minor Change #o. ! subject to the attached conditions of approval. TENTATIVE TRACT NO. 23100 MARLBOROUGH VILLAGE ..... - - ~--._- ----': ... ~- l'~-:":': ::::----: ~,,_~:.,_,. · :.-_.,_~ ~, · ~...., % RIVERSIDE COUNTY PLANNING DEPARll'ZNT SUBDIVISION CONDITIONS OF APPROVAL TENTATIVE TP. ACT NO. 23100 MINOR CHANGE gO. I EXPIRES: 11-~-90 STANDARD CONDITIONS The subdivider shall defend, tnde~nlfy, and hold harmless the County of Riverside, Its agents, officers, and ~ployees frm any claim, action, or proceeding against the County of Riverside or its agents, officers, or employees to attack, set aside, void, or annul an approval of the County of Riverside, its advisory agencies, appeal boards or legislative body concerning Tract 23100 Minor Change No. 1 which action is brought about within the time period provided for in California Goverr(nent Code Section 65499.37. The County of Riverside will promptly notify the subdivider of any such claim, action, or proceeding against the County of Riverside and will cooperate fully in the defense. If the County fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the County of Riverside. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 450, Schedule A, unless mdified by the conditions listed below. This conditionally approved tentative ~p will expire two years after the County of Riverside Board of Supervisors approval date, unless extended as provided by Ordinance 460. The final mmp shall be prepared by a licensed land surveyor subject to all the requtre~nts of the State of California Subdivision Map Act and Ordinance 460. The subdivider shall submit one copy of · soils report to the Riverside County Surveyor's Office ·rid two copies to the Depar13nent of Building and Safety. The report shall address the soils stability ·rid geological conditions of the site. If ·ny g~adtng is proposed, the subdivider shall submit one print of a comprehensive gr·dtng plan to the beparl~ent of Building ·rid Safety. The plan shall comply with the Uniform Building Code, Chapter 70, is ~ended byordtnance 457 end is my be additionally provided for in these conditions of approval. TEITATZYE TRACT I0. Z3100 #1nor Change No. ! Cmdtttms of Approval Page 2 7. A grading permit shall be obtained from the Department of Butl~tng and Safety prtor to Comencment o.f any gradtag outside of county mlntalned toad right of 8. Any delinquent property taxes shall be paid prior to recordation of the ftnal top. g. The subdivider sha~l comply vlth the street Imptorment recamendattons outlined tn the Riverside County Road Oepartment's letter dated Z-Z4-89 a copy of vhtch ts attached. 10. Legal access as required by Ordinance 460 shall be provided from the tract lap boundary to a County miatatried road. ~!. M1 road easeeats shall be offered for dedication to the publlc and shall continue tn force until the governing body accepts or abandons such offers. All ded$cattons sha~l be free from a~l encumbrances as approved by the Road Co,~tssIoner. Street names shall be subject to approval of the Road Commissioner. 13. 14. Easeneats, vhen requtred for roadway slopes, dratnage facilities, utilities, etc., shall be shovm on the final map tf they are located vtthin the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the County Surveyor. ~ater and sewerage dtsposal facilities shall be Installed tn accordance ~tth the provisions set forth in the Riverside County Health Oepartment's letter dated 2-8-89 a copy of~htch ts attached. The subdivider shall comply ~tth the flood control recmeendations outlined by the Riverside County Flood Contro~ Otstrlct's letter dated 2-7-8g a copy of ~htch ts attached. ]f the land division lies ~thtn an 'adopted flood control drainage area pursuant to Section ~0.25 of Ordinance 4S0, appropriate fees for the construction of area drainage facilities shall be collected by the Road Ccamtsstoner. ~5. The subdivider shall compl~ vtth the ftre Improvement recmmendatlons eutltned tn the County Ftre NIrshal's letter dated a cop~ofwhlch ts attached. Subd?vtsIon phastng, Including any proposed cemaon open _spa~ a.rea Imptorment phastng, tf applicable, shall be subject to fiann~ng Department approval. A~y proposed phastng shall provlde for adequate · ehicular access to all lots tn each phase, and shall substantially confore to the tateat and purpose of the subdivision approval. TE)ITATZV£ TRACT RO. ~3100 Minor C:~mnge No. 1 Conditions of Approval Page 3 17. The subdivider .and all successors in interest shall cemply with the provisions of Development Agreement No.'$ and Speclftc Plan No. lgg Amd. NO. 1. 18. Lots created by this subdivision shall c~mply with the following: a. All lots shall have a'mtnlmum slze of 7,200 (square feet) (net). b. All lot length to width ratios shall be tn conformance with Sectton 3.8C of Ordinance 4GO. c. Corner lots and through lots, if any, shall be provided with additional area pursuant to Section 3.8B of Ordinance 4GO and so as not to contain less net area than the least amount of net area in · on-corner and non-through lots. d. Lots created by this subdivision shall be tn conformance with the development standards of the SP 199 Amd. No. ! zone. e. Men lots are crossed by major public utility easements, each lot shall have a net usable area of not less than 3,600 square feet, exclusive of the utility easement. f. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion .control measures as approved by the Director of Building and Safety. g. Trash bins, loading areas and incidental storage areas shall be located away and visually screened fre~ surrounding areas with the use of block valls and landscaping. 19. Prior to RECOROATION of the final map the following conditions shall be satisfied: Prior to the recordation of the final mp the applicant shall sub-it ~rltten clearances to the Riverside County Road and Survey Depar~nent · that mll pertinent requirements cutlined in the attached approval letters fram the foilewing agencies have been met: County Fire Department County flood Control County Parks Department County Health Department County Planntng Department Eastam Municipal ~ter Dist. b. All existing structures on the subject property shall be ranDyed prior to recordation of the final top. TEItT&T%¥£ TIL&CT I~. ~Z3100 Mlno~ a~amje No. ~ Conditions of Aimpro, a1 P&ge 4 The cm~on 'open space area shall be sho~n as a numbered lot on the final map end shill be managed by I aster property owners' &ssoctatton. Prior to recordltion of the final map, the sub~tvtder shill convey to the ~)unty fee simple title, to Ill c(,,,,~n or c~..,~n open space Ireas, free and cleir of ill liens, taxes, esse$sment, leise$ (recoiled Ind ~nrecorded) end easements, except those eese~nts which in the sole discretion of the County ire Icceptable. As conditions precedent to the ~ounty ecceptlng title to such Ireas, the subdivider shall submit the following docu~nts to the Plenning 0epartment for review, which docunmnts shill be subject to the epproval of that department and the Office of the ~ounty Counsel: 1) A declaration of covenants, conditions and restrictions; and 2) A simple docu~nt conveying title to the purchaser of in individual lot or unit which provides that the declaration of coviaants, conditions end restrictions is incorporated therein by reference. The declaration of covenants, conditions end restrictions submitted for review shall (aS provide for e term of 60 years, (b} provide for the est~bltsi~ent of · property owners' essoclarion comprised of the owners of elch individual lot or unit end {cS contain the following provisions verbatim: '#otwtthstmndtng eny provision in this !)icieretlon to contriry, the following provision shall &pply: the The property awners' essoctitton established herein shall, if dornmnt, be ecttvited, by incorporation or otherwise, It the request of the ~ounty of Riverside, And the property ~wners' essoclarion shall unconditionally eccept from the County of Riverside, upon the County's denand, title to ill or Iny pirt of the 'cemmn erie', more parttcullrly described on E~hlblt '11-7' It~ched hereto. The decision to require &cttvatton of the property ewners' issoctitton And the decision to require that the Issoctetton unconditionally eccept title to the 'cam~nerea' shill be It the sole discretion of the C~mnty of Riverside. In the event thee the cameron area, or in3' part thereof, ts eonve~ to the prope~y meets' essoct&tlon, the association, thereafter shill ~ such 'cam~n irel', shill mnige end continuously mlnt~mln such 'camran erie', or any part thereof, ebsent the prior ~rttten consent of the Plinntng Otrector of the (~mnty of Riverside or the r~)unty's successor-in-interest. The property awners' essotilelon shill live the right to mssess the I~XTATIY£ ~ I~. 2~100 Minor Cka~je #o. 1 Page $ oners of each Individual lot or unit for the reasonable cost of maintaining such 'c~,,,~n area', Ind shall have the right S~o 1ten the I)roperty of any such ~wner'~ho defaults in the payment of a mtntenance Isses~ent. An asses~nt lien, once created, shall be prior to all other liens recorded subsequent to the notice of &ssessment or other docent creating the assesprit lien. This Declaration shall not be tealhated, 'substantially' I~mnded or property aleannexed therefrom lbsant the prior witten consent of theP]lnntngOirector of the county of Riverside or the county's successor-in-interest. A proposed amendment shall be considered 'substantial' if it Iffects the .tent, usage or maintenance of the 'c~.,,,~n Irea'. In the event of iny conflict bet~en this Oeclaratton and the Articles of Incorporation, the Bylaws, or the property oners' Issociation Rules ind Regulations, if an~, this Declaration shall control.' Once approved, the declaration of covenants, conditions and restrictions shall be recorded at.the same ttme that the ftnil map ts recorded. e. Prior to recordation of the final map, clearance shall be obtained from R~ncho C~lifornta Water District relative to the protection of Ippltcable easements affecting the sub~ect property. f. ~he developer shall comply with the following pmrkway lindsoaping conditions: I) Prior to recordation of the ftnml mp the developer. shall file mn mppltcmtton with the County for the formation of or mnnexatton to, parkway mlntenmnce district for Tentative Tract ~3100 Minor (~mnge No. ! in accordance with the tmndscmptng mnd Lighting Act of ~g7Z, unless the project is within in .tsting parkway Itntenance d(strtct. Prior to the tssumnce of building pe~ts, 'the developer shall secure approval of proposed l&ndscmptng and irrigation plans from the County Road and Planning Oepmrtment. All landscaping irrigation plans and_ speciflcittons shall be prepared Inm reproducible formst suitable for pennant filing with the County Ioid Department. ' a) The developer $hmll ImSt I lmndsupe performance bond vhich shall be relemsed concurrently v~th the teleisa of subdivision performmnce bonds, gumrinteetng the vtmblltty of mll lmndscmptng vhlch will be instilled prior to the mssumption of the matntenmnce responsibility by the district. TEXTATIV£ ~ 10. 2310G #lnor Change No. ! Conditions of Approval Page 6 4) The developer, &sstgnees, shmll mintenance until district. the developer's successors-In-Interest or be r~sponstble for all parkway landscaping such tim ms maintenance is tmken over by the S) ~be develo~r shall comply with the standards and exhibits in Specific Pl&n lgg Aid. #o. 1. g. ~he developer shmll be responsible for mmlntenmnce mnd upkeep of mll slopes, lmndscmped mrems mnd irrigation syste~ until such ttnm ms those opermttons ire the responsibilities of other pmrttes as approved by the Plmnntng Director. 20. he Street lights shall be provided within the subdivision in mccordmnce with the stmndmrds of Ordinance 461 mnd the following: l) Concurrently with the filing of subdivision Improvement plmns with the Road beparbnent, the developer shall secure approval of the proposed street light lmyout first from the P~ad Depmrtment's trmfftc engineer and then from the mpproprtmte utility purveyor. 2) Following approval of the street lighting lmyout by the P~ad bepmr~nent's traffic engineer, the developer shall also file mn &ppltcatton with LAFCO for the formation of & street lighting district, or annexation to mn existing lighting district, unless the site is within mn existing lighting district. 3) Prior to recordation of the ftnml mmp, the developer shall secure conditional mpprovml of the street lighting mpplication from I. AFCO, unless the site tswithtn mn existing lighting district. 4) All street lights mnd other outdoor lighting shmll be shown on electrical plans submitted to the Depmrtmnt of B~tldtng and Smfety for plmn check mpprovml &rid shall comply with the requtrmnts of Riverside ~ounty Ordtnmnce #o. 6S5 and the Riverside County Comprehensive General Plmn. Prior to the tssu&nce of G!~IN~ P£1~ITS the following conditions shmll be smttsfted: Prior to the tssumnce of grmdtng peri,its for 160 units, the mppltcmnt shall obtmln clemrmnce frcm the U.S. Fish mnd ¥tldltfe Seritce to ensure mltlgmtton for'r~vml of Stephens ICingaroo bibtrot in the pdrk TEXTATIV£ TRACT Imo. 23100 Minor Change Conditions of Approval Page 7 bo Prior to the issuance of grading permits, the applicant shall comply vtth Ordinance No. 663 by paying the fee required by that ordinance. Should Ordinance No. 663 be superseded by the provisions of · Habitat Conservation Plan prior to the payment of the fees required by Ordinance No. $33, the applicant shall pay the fee required under the m(mbttat Conservation Plan ·s implemented by County ordinance or resol utt on. do Prior to issuance of grading permits for i60 units on Tract 23100, the park area shall be developed per Spe61ftc Plan No. Xgg Aid. #o. 1 Prior to the issuance of grading permits detailed c~,,,~n open space area landscaping and irrigation plans shall be submitted for Planning Department approval (or the phase of developnent in process. The plans shall be certified by ~ landscape architect, and shall provide for the following: 1. Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. 2. Landscape screening whe~e required shall be designed to be opaque up to a minimum height of six (6) feet at mturtty. All utility service areas and enclosures shall be screened from view with landscaping end decorative barriers or baffle ~reatments, as approved by the Planning Director. Utilities shall be placed underground. Parkways and landscaped building setbacks shall be landscaped to provide visual screening or · transition into the primary use area of the site. Landscape elements shall include earth betming, ground cover, shrubs and specimen trees in conjunction with meandering sidewalks, benches and other pedestrian amenities where appropriate is approved by the Planning I)epart~mnt. S. Landscaping plans shall incorporate the use of specimen accent trees at key vtsuml focal points within the project. tlhere street trees cannot be interior streets and project right-of-way, they shall be right-of-way. planted within right-of-way of parkveys due to insufficient road planted outside of the road o Landscaping plans shall incorporate n4tlve and drought tolerant plmnts term ·pproprimte. All existing specimen trees and significant rock outcroppings on the subject property shall be shown on the proJect*s gradtrig plans and shall note those to be removed, relocated ·rid/or retained. TERTATXVE TRACT WO.' 23100 Rimor Change No. 1 Conditions of Ai~roval Page 8 9. All .trees shall be mtntmum double staked. growing trees shall be steel staked. Weaker and/dr slow 10. The plans shall conform to 'those shown in Specific Plan 199 Amd. No. 1. All existing native specimen trees on the subject property shall be preserved wherever feasible. Where they cannot be preserved they shall be relocated or replaced with specimen trees as approved by the Planning Director. Replacement trees shall be noted on approved landscaping plans. ge he If the project is to be phased, prior to the ·pproval of grading ~ellrmlts, an overall conceptual grading plan shall be submitted to the anntng Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: 1. Techniques which will be utilized to prevent erosion sedimentation during and after the grading process. and 2) Approxtmmte time f~ames for grading and identification of areas which may be graded during the higher probability rain months of January through ~rch 3) Preliminary pad and roadway elevations 4) Areas of temporary grading outside of a particular phase Driveways shall be designed so as not to exceed a fifteen (15) percent grade. Grading plans shall conform to Board ·dopted Htllstde Development Standards: All ~ut end/or ftll slopes, or individual combinations thereof, whtch exceed ten feet in vertical height shall be modified by an appropriate combination of · special terracing (benchtag) plan, increased slope ratio (i.e., 3:1), retaining tells, and/or slope Tlantlng combined with trrt~mtlon. All driveways shall not exceed a Ifteen percent grade. All gut slopes located adjacent to ungrided matural terrain and exceeding ten (10) feet tn ~ertlcal betght shall be contour-graded incorporating the following grading techniques: TE)(TATZYE TItACT NO. 23100 Minor (:king· No. 1 Conditions of Approval Page 9 %) The ingle of the graded slope shill be gradually adjusted to the angle of the natural terrain. 2) Angulir'for~ shall be dtscourlged. The graded fo~m shall reflect the naturll rounded terriin. 3) 4) The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. Where cut o.r ftll slopes exceed 300 feet In horizontal length, the horizontal contours of the slope shill be curved in a continuous, undulating fashion. Natural features such is ~rater courses, specimen trees and significant rock outcrops shall be protected in the siting of individual building pads on final grid·rig plans. ke Prior to the issuance of grlding permits, the developer shall provide evidence to the Director of Building and Safety that all IdJacent off-site mnufactured slopes have recorded 'slope easements and that slope mmtntenance responsibilities have been assigned is Ipproved by the Director of Building and Safety. Prior to the tssulnce of grlding permits, a qualified paleontologist shall' be retained by the developer for consultation and con~ent on the proposed grading with respect to potentill pileontologtcal impacts. Should the paleontologist .find the potential is high for impact to significant resources, I pre grade mating between the paleontologist and the excavation and grading contrictor shall be Irranged. When necessary, the plleontologist or representative shill hive the authority to temporarily divert, redirect or hilt grading Ictivtty to allow recovery of fossils. Prior to the issulnce of BUILDING PER~ITS t~e following conditions shall be sittsfted: Xn accordance with theirtitan request of the developer to the County of RiversideD · copy of~hlch is on ftle, ·rid in furtherance of the agree·hi 'between the developer and the County of giverside, no building permits shall be issued by the County of givers·de for any d~ircels withtn the subject tract until the developer, or the eveloper's successors-In-Interest p~ovtded evidence of compliance with the ter~ of slld Development Agreemnt No. S for the financing of I~bllc facilities. b. ¥tth the submittal of butldtng plans to the Depirtment of Building and S~fety the developer shall damnstrite compliance with the ·cousttcil TTITATt:YE 11ACT I0. 23100 #t~or CM~ge #o. 1 CondStloas of Approval Page 10 study~hlch established appropriate mlttgatton measures that shall be al~11ed to Individual d~elltng untt~ ~tthtn the subdivision to reduce tent tritertot notse levels to.45 Ldn and ~xtertor eotse levels belov 65 Ldn. Co Ioof4ounted ~achantcal equipment shall ,or be ~mtt~d vtthtn the suMtvtston, however solar equtpmnt or any other ener~ savtng dertees shall be parrattled ~th Planning Department approval. d. 'gullcling sepa~tton between all buildings Including fireplaces sha~ · 0t be less thin ten C~Q) feet. e. &11 street stde ~a~d setbacks shall be a ~tnl,u~ of ten (10) feet. f. All f~ont~rds shall be provtded ~tth landscaping and automatic trrtsatfon. Prtor to the tssuance of OCCUP~CY P£~ZTS the following conditions sha~l be satisfied: Prior to-the ftnaT building Inspection approval by the But~dtng and Safety Oepartmnt, valls shall be constructed along Katser Parkay and Rancho California Road ~r the m~~nts of ~ectftc Plan No. 1 ~nd Ten~ttve Tract 23100 ~fnor ~ange acousttca~ s~dy. ~r~ ~ shall ~ subject to the epp~va~ of the D~rec~o~ ~r~n~ of ~tldtng and ~fe~ end the Plannlng Dt~cto~. b. liar1 ind/or fence locations shall confor~ to Exhtblt Zll-28 of S~ectftc Plan 199 Amd. No. l. All landscaplng and Irrigation shall be Installed tn accordance vtth ipp~oved plans prtor to the ts_suance of eccupanc~ pemtts. seasonal conditions do not permtt planting. tritertin landscaplng and e~oston control measures sh~11 be utlllzed Is epp~ved by the Planning Dt~c~ end ~e DJ~c~r of ~11dtng end d. All landscaping and Irrigation shall be Installed tn icco~dance vtth pp~oved pt&ns Ind $h&lT be verified by& Plln~tngDepa~l:ment fteld aspaction. e. Ilotvtthsta~llng the y~ecedtng co, dittoes. ~e~ver an ac~sttc&~ l~ t5 ~t~d for Ktse at~ultlon w~ses, ~e ~t~U of 811 ippTt~ble. l:~mc~te Itdevalks $1mll be constructed throughout ~e ~Mtvts~on Icco~nce ~ t~ s~nd~s of ~tMnce 461 and ~ctflc Plan 190 ~. ~. 1. : I~!CrATIVE TItACT I0. 23100 Iqiaor Change No. Condttlms ot' Approval Page I~:mcb Street trees shall t~ planted throughbut the subdivision tn accordance ~th the $~ards of Ordinance 4(~0 and $pec$ft¢ Plan No. lgg Amd. 1. OFFICE Of IIOAD COMMalONER & COU1VTY $URI/'EYOR Riverside County Planning Commission 4o8o Lemon Street Riverside, CA 925ol February 2¢, 1989 Ladies and Gentlemen: Re: Tract Iqap 23100 - #~nor Change Schedule A - Team $P With respect to the conditions of approval for the reference tentative land division map, the Road Department reco~ends that the landdivider provide the following street improvement plans and/or road dedications in accordance with Ordinance 460 and Riverside County Road Zmprovement Standards (Ordinance 461). It is understood that the tentative map correctly shows acceptable centerline profiles, all existing easements, traveled ways, and drainage courses with appropriate O's, and that their omission Or unacceptability may require the map to be resubmitted for further consideration. These Ordinances and the following conditions are essential parts and a requirement occurring 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 improvement. All questions regarding the true meaning o~ the conditions shall be referred to the Road Commissioner'a Office. The landdivider shall protect downstream properties from damages caused by alteration of the drainage patterns, l,e., concentration of diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/ or by securing · drainage easement. All drainage easements shall be shorn on the final map end noted as follows: 'Drainage Easement - no building, obstructions, or encroachments by land fills are allowed'. The protection shall be is approved by the Road Depirtment. The landdivider shall &ccept~nd properly dispose of all off·it· drainage flowing onto or through the site. In the event the Road Commissioner 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 u&pproved by tha Road Depirtment. f .~t I~ap 23100 - Minor Change f .-umry 24, 1989 Ita~or drainage is involved on t~ls landdivision and i~s resolution~shall be as approved by the Road Department. Kaiser Parkway shall be improved within the dedicated right of way in accordance with County Standard No. 101, Section B. [38'/50') "A" and "B".gtreet shall be improved within the dedicated right of way Ln accordance with County Standard No. 103', Section &. "C" "F" "G" "r" "." "0" and "S" Streets shall be improved within the dedicated right of way in accordance with County Standard No. 104, Section A. (40'/60') "D". wE", "H", "Z"'. "~", "L", "N", "0", "~" and "R" Streets shall be improved within the dedicated right of way in accordance with County Standard No. 105, Section A. ((36'/a0') The landdivider shall provide utility clearance from Rancho California Water District prior to the recordation of the final ~ap. 0 The minimum centerline radii shall be 300' or as approved by the Road Department. 10. Rancho California Road shall be improved with concrete curb and gutter located 43 feet from centerline and ~atch up asphalt concrete paving~ reconstructlon~ or resurfacing of existing paving as determined by the Road Commissioner within a 55 foot half width dedicated right of way in accordance with County Standard No. 100. 11. The minimu~ lot frontages along the cul-de-sacs and knuckles shall be 35 feet. 12. 13. 14. ~11 driveways shall conform to the applicable Riverside County Standards. ~hen blockwalls are required to be constructed on top o~ slope, · debris retention wall shall be constructed as the street right of way line to prevent silting of sidewalks as approved by the Road ¢o~ssioner. The minimu~ garage setback shall be 30 feet measured from the face o! curb. Nap Z3100 - Ntn0r Change February 24, 1989 ~age 3 15. 16. 17. 18. 19. 20. 21. 22. 23. 34. Concrete sidewalks shall be .constructed throughout the landdivision In accordance with'County Standard No. 400 and 401 (curb.sidewalk) Primary and secondary access roads to the nearest paved road maintained by the County shall be constructed within the public right of way in accordance with County Standard #o. 106, Section B. (32'/60') st · grade and alignment as approved by the Road Commissioner. This is necessary [or circulation purposes. ~rIor to the recordation of the final map, the developer shall deposit with the Riverside County Road Department, a cash su~ of $150.00 per lot as mitigation from traffic signal impacts. Should the developer choose to defer the time of payment, he may enter into a written agreement w[ch the County deferring said payment to the time of issuance Of a building perm£t. Improvement plans shall be based upon a centerline profile extending · minimum of 300 feet beyond the pro~ec~ boundaries at · grade and alignment as approved by the Riverside County Road Co~n~issioner. Completion of road Improvements does not ~mply acceptance for ~a£ntenance by County. EleCtrical and communications trenches shall be provided in accordance with Ordinance 461, Standard el?. Ashphaltic emulsion (fog seal) 'shall be applied not less than fourteen days following placement of the asphal~ surfacing and shall be applied at · rate of 0.05 gallon per Iquare yard. Asphalt emulsion shall conform to Set=ions 37, 39 and 94 of the State Standard Specifications. Standard cul-de-sacs shall be constructed throughout the landdivision. Corner cutbacks in conformance with County Standard No. 805 Ihall be shown on the final lap and offered for dedication. Lot access shall be Eestricted on Elllet Parkway, Rancho California Road and Butterfield Stage Road and so noted on the final map. ~anddivisions creating cut or fill slopes ad~acenC to the streets shall provide erosion control, sight distance control and slope easements ·s approved by the Road Del~artBent. *~ra~ct I~p' 23100 - #1nor Change F~ ~.ary 24, 1089 2S. 26. 27. 28. 29, 30. All centerline intersections sha~l be at 90' with a min.·mum SO* tangent measured from flo~ line. The street design and improvement concept of this project sl~ull be coordin~ted with Sp 199, TR 23101, TR 23102, TR 23103, TR 20879, ~ 22~5 and ~ 23~42. Street lighting shall be required in accordance w£~h Ordinance 460 and 461 throughout the subd~vision. The Count~ Service Ares (CSAJ Ad~nistr&tor deter- mines whether this proposal qualifies under an existing assessment district or not. I~ not, the land owner shall file an application wi~h LAF¢O for annexation into or creation of · 'Lighting Assessment District' ~n accordance with Governmental Code Section $6000. All private and public entrances opposite this project shall project ·nd shown on the street and/or intersec~ons be coordinated with improvement plans. ~his A striping plan is required ~or Kaiser Parkway, Rancho California Road and Butterfield Stage Road. The remova~ of the existing strip·n9 shall be done by County forces t~i~h all fncurred costs borne by the applicant. The landdivider shall compl~ ~ith the reco~endakions for SP 199 as outlined in the Road Departmen~*s le~er dated April 1, 1988. Very truly yours, . 'J~E'/~NEIrH I.. EOWARDS RIVERSIDE: COUNTY FLOOD CONTROL AND WATE:R CONSE:RVATION DISTRICT Riverside County Planning !:)epart~nent. County Administrative Center Riverside, CalJ lorn1 a Re: ¥e have reviewed thts case end have the following commnts: ---- Except for nuisance nature local runoff which may traverse portions of the property the project is considered free from ordinary storm flood hazard. However, m storm of unusual magnitude could cause some damage. New construc- tion should comply with all applicable ordinances. The topography of the area consists of well defined ridges and natural water- courses which traverse the property. There is adequate area outside of the natural watercourses for building sites. The natural watercourses should be kept free of buildings and obstructions in order to maintain the natural drainage patterns of the area and to prevent flood damage to new buildings. A note should be placed on an environmental constraint sheet stating, "All new buildings shall be floodproofed by elevating the finished floors a minimum of 18 inches above adjacent ground surface. Erosion protection shall be provided for mobile home supports." This project is in the drainage plan fees shall be paid in accordance with the applicable r~le$Area and regulations. ~he proposed zoning is consistent with existing flood hazards. Some flood control facilities or floodproofing may be required to fully develop to the implied density. The Dtstrlct's report dated is still current for this project. . ~ The District' does not object to the proposed minor change. The attached counents apply. Very truly yours, KEImETH L. EINARDS inleg Engtneer H. KASHUBA or Civil Engineer FLRE DF..PA.RT~]~r~ ~ COOPEP~ON WTT~ THE CALIFORNIA DEPART!d ENT OF FORESTRY ICA¥ Ht'BRARD 3-7-89 44M0 14mon Scrtc~ Sul~ Z Z BZvu. uW~ CA 9Z~OX C;t4) 787-64o~ 23100 - AH:Z~ED f:- !f:D101~ ClIAHG£ Ifith respect to the conditions of approval for the above referenced l~d d~vtston, ~e 7~re Depa~ent tachends the fo~~ f~re p:otect~on zealres be pr~de~ ~ acco:d~ce ~th ~vera~de County ~d~ce. ~/o= recoa~zea ~:e protecteD= mc~acdm: PROTECTION ScheduLe "A" fire protection approved standard f~re hydrants, (6"x4"x2}") located one at each street intersection and spaced no uo:e than 330 feet apart in any direction, with no portion of any lot francasen ore than 165 feet fromm hydrant. M~.4.,. f~re flay shall be 1000 GPH for 2 hours duration at'20 PSI. J~pL~cant/develc~er sbJ~l furnish one copy of the water system pIL~s tO the F~:e Department for review. Plans s~a~ confo~ to f~re hydr~ c~es, location ~d spacing, ~d, the system shall meet ~he f~re ~1~ requ~:~ents. ?La=s shall be s~ed/app:~ed by a tet~ste:ed c~v~l engineer ~d the local watt: c~any ~th the roll.ha.certification: nI ce:t~y ~hat the aes~su of the water system ~s ~ accorance ~th the :equ~:~ents presc:Zbed b7 the Dept.fi The required water system ~ncluding fire hydrants shall be installed and accepted by the appropriate water &saucy pr~or to any combustible building material be~n& placed on anind~vidual lot. KITICATIONFF. ES I~L~or to the recordation of the f~mp, the &eveloper 8hJ3.t deposit v~.th thalLvaraida CounL~yP£Te Depa~nt a ~h ~o~ ~400.00 per 1ot/'m~t ~ ~tt~atlon for f~a project,auracaD. ~d the d~al~er ~oose to deist the of paint, he my ~cer ~to a~lccen a~rement~th the ~ty de~e~l LLtquestions teSard~ the uaanLnf of the conditions shL~be ttfar~ad to the /J. re hpartnaac 73...4.! ~ Ea$:tneer'J.M staff. Chief Fire Department Planner By Geoz~e Tatum. Deputy FXza Ifaroh~X oo County of Riverside ~"O: ~IVE~DE CO~TY PLA~ING DEI~To DATE: FEBRUARY 8, 1989 &TI~: g, AT1Pt ClFF0gD ~OM: SA,¼ HARTIN£Z,~S~NIOR SAN~TAItlA14 - ~VlR0~rrAL !~.AI. Tlq $ERV~C£S TitACT 23100 - I~NOR CHANGE The Envlg~-~ucal Health Services has revteved Trace 23100! H/nor chsnse !1 d~ced Janua~7 20, 1989. Our courtenos vtll rmuln &l Igeged :Lu our pTevlous meuo dated APT11 19, 1988. RIVERSIDE COUNTY PLANNING DEPARTMENT February 28, 1989 Administrative Center · 1777 Atlanta Avenue .. Riverside, CA 92507 Riverside County Planning Department Attentionz Kathy Gifford County Administrative Center 4080 Lemon Street Riverside, CA 92501 Tract 23100 - Minor Change Ladies and Gentlemen: The Land Use Division of the Department of Build£ng and Safety has the following comments and conditions: Prior to the issuance of building permits, the developer shall obtain Planning Department approval for all on-site and off- site signage advertising the sale of the subdivision pursuant to Section 19.6 of Ordinance 348. Fireplaces may encroach 1' into required minimum 5' side yard setback. Mechanical equipment may not be located in required minimum side yard setback. Very truly yours, DEPARTMENT OF BUILDING AND SAFETY Norman ~ostbOmo ~et~ty Land U~_~vision ~/ Ad~ (714) 682-8840 · (714) 787.2020 liverside Co. Planning Dept. , ~ Lemon. St., 9th Floor . liverside, Ca 9250~ The Dtstrtct ts responding to your request for co,wnents on the subject project lhe items checked below apply to this relative to water and/or sewer service. project review. The subject project: Is not ~ithin water service area sewer service area /Will be required to construct/provide the following facilities if to be served by £MWD: · Water Service Any and all necessary ohsire and any off)it~.~?r mains, regulators, pumping plants, storage tanks, and appurtenant facilities and works. All mains and facilities are to be regionally sized· Participation in regional water facilities, and fee payments must be met. t Water mains will not be allowed mlong lot lines/private lands. Fire flow requirements and backflow prevention requirements must be · '~'and all necessary regionally sized onstte and offsite gravity sewers . appurtenant ~orks that might include monitoring manholes, lift stations, force ·-mains, and effluent disposal/use. Sewers will not be allowed along lot lines/private land. Fee payment and participation in' regional sewers, treatment, andseffluent disposal must be met. Only ~mstes acceptable to EI~WD regulations will be a~lowed. · . · .... EASTE]U(IIJNIClPALIIATER DISTRICT ~lanntng Department 204,% ~. San T.cin,o S,,e~ ® I'M, O(fkt &,z R300 · San Ja~in,.. C.,.!if,.,enh '~2~3-1~0 ® Teler'h'~c I714) 924-7676 Ca!lfornls Edison Company P,O. BOX ·$O BEACH. ~NtA GO t Riverside County P.O. BeE Z090 Riverside, CA 92S02 &Creation: Subdivision Section StFSJECT: Tentative Tract MA~ No. 23100 CAnended Please be advised that the division o~ Cbe p£ope=~y shobm on Tentative T£actHap He. 23[00 (Artended He. [) uill not unceasonably tntet[e~e rich the Ctee and con~leCe execctse o~ any easementCs) held by Southern California Edison Con,any viibin the bounda£ies o[ said tents[lye tract ma~. This letter should not be construed as a subo=dinat[on oE the Coupauy*s tights. title and lnte£est in and to said easement(s), not should this let~e£ be construed as a vaive£ o~ any oE ~he ~tovlstons contained in said easeuen~(s) o£ a va~ve~ o~ any costs for teloca~lon o~ a~ec~ed facilities. In the event that the development Esquires ~elocation o~ ities, i~ any, on the subject ~topett¥ by ~igh~ o~ easement o~ o[hetetSeo the o~net/develope~ ulll be £equested to beat [he cos~ o~ such celocatton and provide Edison with suitable £e~lacemen~ Eights. Such costs and replaceRent Eights Zhe ~etEo~uance o~ ~he Eelocation. IE additional info,marion is Eequl~ed in connection with the above aen~loned subject. ~lease call Dennis ¢. Bazaar at (213) 491-2644. · R. P, ROSSEL RKL~.ATIOH AND DfSTRIBUTION DCB/bJv X&497-IMP~ Conunity Enginesting $e~vices, Inc. RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING AN AD HOC COMMITrEE OF THE CITY COUNCIL FOR THE PURPOSE OF NEGOTIATING WITH DEVELOPERS FOR A MELLO ROOS COMMUNITY FACILITIES DISTRICT PROJECT WHEREAS, CFD 88-12 was formed by the County three years ago and it appears to the City Council that the circumstances affecting the CFD projects have significantly changed in the past three years; and WHEREAS, the County previously formed the Mello Roos Community Facilities District No. 88-12; and WHEREAS, the City Council has retained a financial consultant and traffic consultant to review and consider the terms and conditions of the CFD; and WHEREAS, the City Council believes it will be in the best interests of the City of Temecula to modify the terms and conditions of the District in order to achieve a greater benefit for the community as a whole. NOW, THEREFORE, be it resolved by the City Council of the City of Temecula as follows: Section 1. That Councilmembers and are hereby appointed to serve as an ad hoc negotiating committee in connection with Mello Roos CFD No. 88-12. Section 2. That the ad hoc committee is requested to have meetings with property owners within the CFD No. 88-12 for the purpose of discussing the recommendations of the City's consultants concerning the CFD. Section 3. That the ad hoc committee is requested to propose specific recommendations for restructuring the CFD and report back to the City Council on or before March 1, 1990. APPROVED AND ADOPTED this 20th day of February 1990. ATFEST: Mayor City Clerk [SEALI 2\Reso\022090.002 -1- 02115190 4:24pm RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING A CITIZENS COMMI'I-I'EE ON THE LAW ENFORCEMENT CONTRACT WHEREAS, the City Council has submitted a Letter of Intention to the Riverside County Sheriffs Department providing that law enforcement services to the City will be provided by the Sheriff during the fiscal year beginning July 1, 1990; and WHEREAS, the City Council desires to appoint a citizens committee to negotiate the terms and conditions of the law enforcement contract; and WHEREAS, the citizens committee will be required to serve only until the contract is adopted by the City Council and in no event longer than June 30, 1990. NOW, THEREFORE, be it resolved by the City Council of the City of Temecula as follows: Section 1. Councilmembers Peg Moore and Sal Munoz are appointed as an ad hoc committee of the City Council to meet with the law enforcement committee. Section 2. The following persons are hereby appointed to serve on the City of Temecula Law Enforcement Committee: Section 3. The Law Enforcement Committee is charged with the responsibility of considering the law enforcement needs of the City of Temecula and recommending to the City Council a proposed budget and contract to provide law enforcement services by the Riverside County Sheriffs Department for the fiscal year beginning July 1, 1990. The Committee is requested to hold public meetings under the terms of the Brown Act to consider public input into the law enforcement contract and to review all materials submitted to the Committee by the City Council or by the Sheriffs Department for review and recommendations. The Committee is further requested to consider the experiences of other cities in Riverside County in contracting with the Sheriffs Department and where appropriate to make field trips to said cities for the purpose of learning from their experience on matters concerning the proposed contract. It is specifically understood that the Law Enforcement Committee is a temporary ad hoc committee whose sole purpose is to provide recommendations and advice to the City Council for final action. APPROVED AND ADOPTED this 20th day of February 1990. ATrEST: Mayor City Clerk 2\Reso\022090.001 -1- 02115190 4:22pm SDBMITTAL TO CITY COUNCIL CITY OF TEMECULA, STATE OF CALIFOIENIA FROM ' SUBJECT: ACTION = Ivan F. Tennant City Engineer SUBMITTAL DATE= February 7, 1990 Resolution authorizing County to execute Agreement with Caltrans - Rancho California Road/I-15 Freeway Council approve Resolution No. State drafted a Cooperative Agreement between State and County for the signal installation at Rancho California Road and 1-15 Freeway. State now requires a formal authorization by the City Council for the County to execute the Cooperative Agreement on behalf of the City. Given the time it has taken to get the Cooperative Agreement with the County, we believe it is more expeditious to authorize the County to act on behalf of the City than have a new agreement drawn up between State and City. Ivan F. Te~nant City Engineer IFT:hn RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE COUNTY OF RIVERSIDE TO EXECUTE A COOPERATIVE AGREEMENT WITH CALTRANS FOR IMPROVEMENTS AT RANCHO CALIFORNIA ROAD AND 1-15 FREEWAY WHEREAS, the County of Riverside (County) and Caltrans initiated action to install a traffic signal at the ramp terminals and Rancho California Road prior to incorporation of the City of Temecula (City), and WHEREAS, the City Council has by prior act, authorized County to act as Engineer for City, and WHEREAS, funding for the improvements contemplated at Rancho California Road and 1-15 Freeway has been obtained from Federal Aid Interstate Funds and Riverside County Signal Mitigation Fees, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby authorizes the County of Riverside, through the Road and Survey Department to execute a cooperative agreement with Caltrans for single purpose of providing signals and improvements to the ramps at Rancho California Road and I~15 Freeway. APPROVED AND ADOPTED this 20th day of February 1990. ATrEST: Mayor City Clerk [SEAL] Resos/9021 02~5/90 COUNTY OF RIVERSIDE ROAD AND SURVEY DEPARTMENT Traffic Division Interchange Traffic Signal Project Status Route 15 and Rancho California Road Route 15 and Route 79 (Winchester Road) February 6, 1990 1. Route 15 and Rancho California Road Background The County of Riverside has initiated the procedures to develop a cooperative agreement, with the State of California Department of Transportation (Caltrans), for the construction of traffic signals and lighting at the Route 15 and Rancho California Road interchange. The agreed upon course of action is for the County to fund and provide to the State all of the project designs, specifications, estimates, right of way and other project documents. The State would then administer a construction contract, and fund the construction of the improvement utilizing 100% Federal Aid Interstate funds. The State has informed the County that for Federal Aid Interstate funds to be utilized, the State must administer the construction contract. A related item 'of concern is that the developers of Margarita Villages (Specific Plan 199) are required to design and construct ramp widening and street improvements at the Route 15 and Rancho California Road interchange. Design of the traffic signals and lighting can not commence until the street improvement plans have been approved by both the County and the State. Status: The County has entered into an agreement with Robert Bein, William Frost and Associates, Herman Kimmel and Associates Division, for the design of the traffic signal and lighting improvements. That agreement was executed October 17, 1989 (Board of Supervisors agenda no. 4.4). Design of the traffic signal and lighting improvements has not yet begun due to a lack of approval of street improvement plans, as described above. The State has imposed additional requirements upon the developer of Margarita Villages, and a time frame for approval of the plans remains uncertain at this time. The cooperative agreement between the State and the County has been prepared, and is suitable for execution. However, because the City of Temecula incorporated in December of 1989, the State now requires a formal authorization, by the ~ity Council, for the County to execute the cooperative agreement for a project that is located within the incorporated boundaries of the City. That resolution has been drafted by the Count¥'s Road Commissioner, and the procedures for implementation are in progress. 2. Route 15 and Route 79 (Winchester Road) Signalization of the Route 15 and Route 79 interchange on off ramps is a requirement of the developer of Palm Plaza. Palm Plaza is a commercial development proposed for the south-west quadrant of the intersection of Route 79 (Winchester Road) and Ynez Road. be The required traffic signal and lighting improvements are to funded, designed and constructed by the developer. It is the County's understanding that the project is for traffic signals and lighting to be designed and constructed for the interchange in its current configuration, and that the _project is to be constructed under authorization of a State issued Encroachment Permit. It is unknown if the State will require a cooperative agreement, to be executed between the State and the City of Temecula, prior to construction of the project. The developer is Bedford Properties. Contact Person is Mr. E.J. "Woody Woodward Jr., (714) 676-5641. The developer's traffic signal design engineer is J.F. Davidson Associates. Contact person is Mr. Ben Dobbins (714) 683- 0209. Time frame for construction of the improvements is based on the developer's schedule, of which the Traffic Division has no knowledge. sff/AGD15002 TO: FROM: DATE: MEETING DATE SUBJECT: CITY OF TEMECULA AGENDA REPORT CITY MANAGER/CITY COUNCIL SCOTT F. FIELD, CITY ATTORNEY FEBRUARY 15, 1990 FEBRUARY 20, 1990 QUALIFICATIONS FOR CITY COMMISSIONERS RECOMMENDATION: That the City Council consider amending the qualifications of City Commissioners to include any resident and registered voter of the State of California. DISCUSSION: At the last Council meeting, Councilman Birdsall requested that the question of residency of City Commissioners be placed on the next Council Agenda. Accordingly, we have prepared the attached Ordinance, whic provides the language necessary to amend the Commissioner qualification requirements. The language reads in the alternative; that is, the Council may continue the requirement that all Commissioners be residents and registered voters of the city, or expand the membership to include persons who are residents and registered voters in the State of California. -1- sff/ORD12885(021590-2) ORDINANCE NO. 90- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE QUALIFICATIONS FOR CITY COMMISSIONERS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.06.030 of the Temecula Municipal Code is hereby amended to read as follows: "2.06.030 Oualifications. Unless otherwise specifically provided by law, or by ordinance or resolution of the City Council, all members of commissions of the City shall, at all times during their incumbencies, be bona fide residents and registered voters of the City [State of California]. No member of any commission shall be a City employee, nor shall any person be a member of more than one commission at any one time. No person shall be eligible for appointment as a commission member for more than two full consecutive terms (six (6) years)." SECTION 2. Certification. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted. 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. PASSED, APPROVED AND ADOPTED this , 1990. day of ATTEST: RON PARKS MAYOR F. D. ALESHIRE City Clerk -1- sff/ORD12885(021590-2) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) ss. I, F. D. Aleshire, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 90-__ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 1990, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: F. D. ALESHIRE CITY CLERK APPROVED AS TO FORM: Scott F. Field City Attorney -2- THE ROUEI{T A, NL{L80,~ '..' t)l;c sor ." , ('i! ' January 8,. 1990 Frank Aleshire, City Manager P.O. Box 3000 Temcovia, CA 92390 Res AB 939, Recycling Dear Mr. Aleshire~ ! am enclosing herewith two documents recently passed AB 939 Recycling Lawt of relevance to Lhe 0 Regulatory Issues and Responses paper She California Waste Management Board, prepared by Resolution No. 89-636 approved by the County Board of Supervisors on December 19, 1989 to broaden the base o: the County Solid Waste Management Advisory Council to include greater city involvement and participation in County Solid Waste planning activities, and to serve as the Countywide Task Force required to be established in the new recycling law. This letter and information Managers in the County. is being forwarded to all City Item No. 1 includes several questions and answers to questions commonly raised by a~en¢ies trying to interpret the new law. I would suggest you read it and distribute copies to those on your staff, and your City Council who must soon begin planning ~o~ the implementation of this law in your City. Item NO. 2 requires resolutions of support or official minute order support of 50% of the cities within the County containing 50% of the population, similar to what we recsntly requested on the final minor amendments to the County Sol~d Waste Management Plall. I would like to express my appreciation for the close coordination and timsly responses obtained from virtually all of the cities on that amendment, Our dorulnsnt was s0bsequerltly approved by the CWMB on December 15, 1989. 11728 Mugmill., Su!te A · I{ivershle, CA 92503 {714) 785-o08! tdY./ld?x'90 12.:06 RIU CO WASTE MGMT · ! ~ P, 08 Additionally, you may wish to know that two 9ez~eral aoo~dinating meetings relative to AB 939 requirements are being planned ~or the Cities and County, The tentative dates whioh have been set for these meetings are february 1 fo~ the Desert area, and February 2. for the Hastern Riverside County area. It is our hope that these meetings will give us a thanes to initiate a aoordinated dialogue on waste stream planning issues, determine areas in which the County can assist the cities to avoid duplications, and answer some of the questions y~u may have relative to AS 939. ~e will advise you later of the exact time and ~laee oE these workshops. We respectfully request your C£ty's formal support for the ~oard ap~ointed. Couz}t~. Solid Waste Ma~%ag,ment Advisory Council be ~%-u.~.&~,~~'~a~65~'~'""l'990.~Xf you have questions on this, please"feel~ftee to contact Michael Schier or Maureen Marshall of staff at (714) 785-6081. Sincerely, HoDerr A, Nelson, Direotor Department of WaSte Management RANtmm Enolomuree Gary Cottrell, CAO Melba Dunlap, Chairman, SWMAC 4 ? 9 10 12 19 ~0 ~.~ ~4 ADVISORY COUNCIL & RESCINDINC R~OLUTION NO. 87-501 BE IT R~SOLVBD AND ORDERED by the Board of Supervisors of the County oE Riverside, State of California, in regular session assembled on December 19, 1989, Chat there in hereby established a Solid Wasis Management Advisory Council 1. called Functions a. The Solid Waste Management Council, shall study, Advisory Council, herein review, evaluate and make recommendations to the Board DE Supervisors, herein called aoacd, relative to the prepare:ion and future revisions of the County- wide Integrated Waste Management Plan, w~ich shall include source reduction, and recycling elements, and other elements required by the State to be prepared under the guidance of a new County "Task Force" as set forth in AB g~9; (Chapter 1095 of the etatu:es err 1989) including any environmental im~acc reports Ln connection :herewith, coordLna~ion with Cities on waste management issues, and solid waste managemen: in general. The Council shall ~ile its ~epor:s and recommendations with the Board of Supervisors for its considera:£on and action, The ~oard may refer bac~ to the Council, as directed by the Board, any proposals and recommendations made by the Council, after action ot approval o~ the Board. 02/0??90 RIU CO WASTE r. IGHT 12=~4 P. 04 5 ? 8 9 10 11 15 14 16 17 18 21 24 25 28 gather Management. 2. Membership. a. T~e Council members as [ollows~ knowledge and expertise in areas pertaining to The Council may establish committees as necessary to Solid Waste shall consist of minimum of 22 (1) Six persons shall be appointed by the Board and such appointments shall include one member o~ the Board'(who shall serve as president of the Council, but shall have no vote) and one person ~om each /// /// /// I// Supervisorial District, (2) One person who is appointed by the City Council o~ each City whose population is certified by that Council to exceed 100,000 at the time o~ appointment. Two persons who shall be appointed by the Coachella Valley Association of Gove:nments to represent the Cities o~ Eastern Riverside County not otherwise represented on the Council. (4) Two persons who shall be appointed By Western (~) Riverside Association of Governments to represent the Cities of Western Riverside otherwise represented on the Council. County not One member shall be appointed by the institute of [ Scrap Recycling Industries. -2- 0~/07/~0 i~: 03 ,, R ! U CO WASTG MGMT P. 03 1 3 4 ? 8 9 10 11 12 14 16 17 18 19 21 £3 24 27 28 (6) One member of the environmental community interested in matters of waste management who shall be nominated by the Chairman of the County Board o~ Two persons, who are industry majority of the representatives, shall be appointed by the Board of Directors of the County Department of Development. (8) Three'persons, two who are refuse haulers snd one who is a liquid waste hauler, shall be appointed by the San Bernardino and Riverside Counties Disposal Association. (9) Two pars:ns, who are agricultural represents%ives, shall be appointe~ by the Riverside County Farm Bureau, (10) One person shall be appointed by the Riverside Chapter of the California Council of Civil Engineers and Land Surveyors Association. b. As vacancies occur with%n the membership appointments allocates hereinabove, appointments shall be made by the ¢onoe=ned appointing autho~ity to ~ill IuCh vacancies. o. Eac~ appointing authority may appoint an alternate Council Member to serve upon sub-committees or represent their aDpointin~ authority during Council meetings in the absence of the prima~y Council Member. 3. ~caff Assistance. the County Health Office~, The County Administrative Officer, the County ~lanning Director and the Dlrecto~ of Waste Management or their designated representatives, /// -3- 0~:/07/90 12:~7. ...,RIU CO I,J~STE P1GMT P. 132 1 § 10 11 15 14 1§ 17 18 ~0 £§ 28 deemed neoessa~2 b2 t~e Council, The Director o~ ~as~e Hanagemenc shall act as secretary o~ the Council and shall keep its ~eco~dm and ~ransmit l~a ~ecommandat!ons and ~eporte, and shall provide such sta~ assis~ance as me2 be needed by the Council. The Director of Waste Management s~all ac~ al administraCoc of the Count~ 8slid Wamtm ~anage~ent Blan and Xnteg~a~e~ Waste ~anmgement Blmn and mhall Count2 ~e~srm~na~!~n of need mad necessity, lmplementm~ion of goal and policies, and ortner duties required to meet S~ate and ~ede~al ~ulas and ~e9ula~!ons. 4, Reimb~raeme~ of ~xpen~e~. ~eAmb~rseman~ ~or the robing members* ac~u&l and necessa~M expenses ~hile car~Ming ou~ ~he duties o~ ~he C~c£1 shall be as prov£ded in ~ec~lon 9 o~ CounCM Ordinance ~o. 440. 5. VaCancies. A vacancM s~all be deemed ~o exist upon ~he ~es£gna~ion o~ death of a member, o~ ~hen a membe~ has ~a£1ed to &~end ~hree consecutive mee~i~g an~ such absence has no~ been excused bM bhe Council. A repo~ ~he~eof shall be made bM or o~ be~al~ o~ ~he Council to ~he concerned appointing au~ho~itM. 6. ~e~ova! o~ a.~embe<. Members o~ ~he Council shall serve a~ ~he pleasure of the concerned appoin~ing au~horitM~ and me2 be ~emoved at any ~ime by such appoin~ing au~ho~ity, &. The membe=e of the membe=s ~o me=us as vice president, /// '4-- the County-wide of conformance, Council Ihall elec~ one o~ its 02x07/90 1~:02 RIV CO WASTE MGMT I , P. 01 1 4 5 6 ? 8 9 10 11 lZ 14 15 18 lg 2O 25 27 til 1tl b. The president small preside at all Council exercise general supervision of the affairs and activities of the Council, and serve as an ex o~ficio member of all Council committees. The chairman shall appoint from Council membe~ship a chairperson and committee personnel to serve on each commi~tee established pursuan~ to this resolu~ion. c, The vice president shall assume the duties and powers o~ the p~eside[%t in the event of the president's absence. d. In ~he event of the presid~nt's and the vice presiden~'s absence, the secretary shall supe~vise ~he election a president pro tempera. 8. Quorum. A q~orum shall consis~ of eleven members. Any aCtiOn of the Council shall require affirmative votes of not lees ~han a quorum, except that less than a quorum maM adjourn meeting sine die or to a specified time and place. 9. Meetin_ps. The Council shall ~old regular mea~inga at such times and places within the County of Riverside as may be designated by the p£eside~t or the Council. The calling, giving no~lce and conducting of meetingm s~all be in accordance with the Ralph ~. Brown Act (Section 54950 et seq. of ~he Government Code) ma~orit~ of a quorum. BE IT FURTHER ~ESOLVED AND ORDERED that Resolution No. 87-~01 and any and all ~rior resolutions and orders adop=ed by this Board relating to the es~ablishment, organization and ~unc~ions o~ a Solid Waste Managemen= Advisory Council are hereby rescinded. Roll Call resulted as follows~ Ayes~ Abraham, Dunlap, Larson, Younglove and Ceniceros Neest None Absent, None 02/0?x90 12;05 RIV CO WASlE HL~i'll FROM: SUBJECT: Revisions to the Membership Waste Management Advisory Council RECOMMENDED MOTION: Approval O~ SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA and Du=ie~ o~ Resolution 89-636 which revises the duties, and expands the membership of the Solid Waste Management Advisory Council to include b=oader City, Environmental, an~ Recyclin~ representation on t~e Council, consistent with the requirements se~ forth in AS 939 (Cha~er 1095 Of the statues for 1989) to establish such a Force". Authorize the Director of Waste Management to seek support of the so=ion of all the cities in the County within 60 submit these ~esults ~o the California Integrated Waste Management Board upon receipt of approval Of 50% of the Cities, containing 50% of the population of ~he Ci~ies within ~he County, JUSTIFICATION: The action im required to promote greater City/County cooperation and coordination in the development of future recycling, source reduction elements, and siting elements of a new County lnteg:ated Waste Management Plan. AB 939, passed by the Legislature in September 1989, requires the formation of ~his new "Task Force" by Mar~h ~, 1990. T~e action proposed retains ~ha use of al~ the active memberahi~ participants of the existing Solid Waste Manaqemen~ Advisory Council and expands i~ ~o include the o~her in:erases which should be represented on this Council. (CONT'D) ,/,,.-.,g Robert A. N~lsOn, D~rec~or .'.C.A.O. RECOMMENDATION: :.APPROVE. FINANCIALIMPACT: Additional travel allowance to be absorbed within current Waste Management Budget. Administrative Officer Slgna:ure ,, .,- "" " M~'NUTE~ O~ THE 8 On motion of ~uoerviaor Younglove, seccnde~ Dy Supervisor La~son an~ duly carKieU by ~nanimoum vo~e, IT WA~ ORDERED that Ayes: Date: Prey. A!in. ref. Ceniceros, Dunlap, Larson, Abraham and Youn~llove None [~erald A Mal.~ney None Clerk,~.'F, ~;b.~ Board Waste Mgmt., Council, Co.Co., Audito~ Dl~ujy Dept., Commahie Dtmt. AGENDA~ Management Advisory Council Da~embe= 19, 1989 Page 2 FI#~CIAL~ Mina= a~ltional traval allowance axlerises rs= ~he members who subm£t claims to attend the typical monthly meetings will be absorbed by the Dep&~tment's &dministrative budge~. Attachment cc: CAO County Counmel 'sff/~EM12555 VENTURA COUNTY OFFICE 2310 PONDEROSA ORIVI= SUITE I CAMARILL0, CALIFORNIA 93010 (805) 981-3468 TELl=COPIER: {80S} 48:='-9834 TO: FROM: DATE: SUBJECT: LAW OFFICE:S BTJI~Xl~. WILLIAI~S ~ SO~NSt~N B~ISTOL STREET SUIT~ COSTA MESA, CALIFORNIA (714) LOS ANGELE:S OFFICE ONE: WILSHIRE: BUILDING e~24 SOUTH GRAND AVI=NUI=, II?H FLOOR LOS ANGELES, CALIFORNIA 90017 (213) 236-0600 TI=LlrCOPlER: (213) CITY OF TEMECULA CITY COUNCIL MEMBERS CITY MANAGER SCOTT F. FIELD, CITY ATTORNEY~ FEBRUARY 9, 1990 INTEGRATED WASTE MANAGEMENT ACT Attached you will find an Environmental Law Bulletin on the subject of the Integrated Waste Management Act, along with a deadlines chart. In addition, I am also providing you with an article from the latest edition of the Public Law News prepared by members of our Firm, which provides further information on the Integrated Waste Management Act. Note that the draft "Emergency Regulations" (of the California Integrated Waste Management Board) have not yet been adopted. Approval, with modifications, is expected during February. Burke, Williams & Sorensen recently submitted comments on the draft Regulations by letter dated January 29, 1990. DU OFFICIAL PUBLICATION OF THE PUBLIC LAW SECIION OF THE STATE BAR OF CALn~RNIA VOLUME 13, NUMBER 4 FALL 1989 An Overview of the Integrated Waste Management Act By Colin Lennard and Elizabeth Hanna [Colin Lennard is a parmer with Burke, Williams & Sorensen, ~pecializing in enviromnental and municipal law, and is the Chairman of the Burke, Williams & Sorensen Environmental Practice Group. Elizabeth Hanna is a senior associate, specializ- ing in municipal law, including solid waste issues. Thanks to Gilbert A. Trujillo for his work as well.] ,osteEffective January 1, 1990, AB 939 totally reorgani~,ea solid mal~ge~eat within California. After ~ during the past legislative seasion, AB 939 was amended substantially on the Senate flooron September 14,1989, passed by the Legialatu~ and signed by the Governor. The bill became law over the opposition of both the League of California Cities and County Supetviso~ Azsodation of California (CSAC). AB 939 repeals the Solid Waste Management and Re~urce Recovery Act and related Government Code Sections and replaces them with D/vision 30, Sections 40000 et seq. of the Public Re. sources Code. The purpose of revamping existing law is to address the problem of overflowing landfilh by focusing on source reduction, recycling and cornposting. ~ ovendew of AB 939 looks at the roles for three entities: the counties and citie~ It is fair to say that while the Board has broad powers over local agencies, this does not mean that the role for the Tanner proceas for siting hazardous waste facilities, cities and Continued on page 6 Exercising Legal Powers After An Earthquake or "Give 'Em A Fair Shake" By J. Robert F!andrick [$. Robert Flandrick is a partner with Burke, Williams & Sorensen. Mr. Flandrick is also the CityAttorney for the Cities of Baldwin Park, Bell and Whittier. This article is. a condensed version of the papers wlu'ch were presented at the League of California Cities 1989 Spring Seminar and the recently convened Earthquake Recovery Workshop.] The legal aftershocks from an earthquake will continue long after the seismic aftershocks. If, d_~ to an earthquake, a building seems in danger of collapse, the first reaction of city officials might be to finish the job, Cities have constitutional police power authority and statutory authority (Government Code § 38660(d)) to demolish property which is a menace to public health and safety. This fight has been "traced to the highest laws of necessity, and the natural fights of mzn; independent of society or civil govemmenL" (Surocco v. C, eary (lS53) 30a. 69, 73.). The constitutional guarantee of the payment of just compensa- tion for an exercise of the power of eminent domain does not extend to an exercise of the police power, and the resulting damage is damnurn absque injuria. (Farmers Ins. Exchange v. State of California (1985) 175 Cal. App. 3d 494, 501.) However, if the wrecking ball swings too soon beware! To avoid liability for Continued on page 9 IN THIS g/SSUE... Letter From The Editor ......................................................... 2 ,annual Report of the Public Law Section 1988-1989 ................................. 3 Section 1981 Liability and ~lett v. Dallas IntL School Dist. ............................. 4 Land Use Initifives and the General Plan .......................................... 5 Message From the Chair ....................................................... 12 A Public Lawyer Goes to the Board Meeting ....................................... 15 The statemeat~ and opinions here are tho~e of editors and conm~outors and not necessarily those of the State Bar of California. the Public Law Section, or any government body. An Overview of the Integrated Waste " anagement Act Continued from page 1 counties vail find that they are required to play active roles in solid waste disposal planning and implementation in order to pmtect their own interests and avoid puni- tive action by the Board. The adoption of AB 939 leaves a num- ber of mm~.~wered questions, and a City- County Task For~ has been formed to draft clean-up legislation to answer some of tbe outstanding questions ~ by AB 939. L The California Integrated Waste Management Board A. O~,ganization of the Board. The reorganized Board was intended to have greater duties than those under exist- lag law, and that certainly is the case. The Board's authority is pervasive, including enforcement of local plan.% permitting, inspection of facilities and oversight of local enforcement agencies. As adopted, ~he bill contains controversial (and argua- 'y draconian) penalties for non-compli- ance which may be levied on California Cities and CSAC. Unfommately, AB 939 does not provide for city or county repre- sentation on the BoanL The major limit on the Board's authority is that it is not in- tended to and cannot duplicate authority over hs~nious waste facilities. The Board will be composed of six full- time members, each paid $85,000 per year. Members generally cannot come from enti- lies subject to regulation by the Board. "Public" members will be appointed by the Speaker of the Assembly and the Senate Rules Committee. The Board's headquar- teas will be in Sacramento and it may adopt rules to govern itself and its staff. The Board will be funded in part by the general fund and in part by fees levied on !andfill Those fees will be 50~/ton for the first six months, escalating to 75C/ton from July 1, 1990 to June 30,1991 and then up to $1.00/ ton as needed. Recyluble and inert wastes are not included within a "ton" subject to the fee. Legally, only five percent of the fee may be passed on by the landfill operator. .6 One of the first duties of the Board will : to develop and, through the State Board of Equali,afion, impose disposal cost fees on items not covered by current beverage recycling law which currently are disposed of in landfills. B. Board Duties. The Board's duties fall into the follow- ing major categories: l. Review Recycling Plan~. Review and consider for approval City souse reduction and recycling elements and County inte- grated wa~ managem~t plans andlevy of monetary penalties for non-compliance (as discussed at greater length below). 2. Adopt New Solid Waste Regulations: By January 1, 1991, develop and adopt ~tate minim~m~ ~andards for solid waste haad g and 3. Adopt Regulations for LEAs: By August 1, 1991, develop and adopt regula- lions for the designation and certification of "local eaforce~ent agmcies" (LEAs) to adopt local rules and enforce minimllm state standards. The local enforcement agency may be the county, a joint powers authority composed ofcilies and the county, a public agency designated by the county and a majority of the cities with a majority of the pol~l~on within the county, or a city itself. Any local enforcement agency so chosen must be certified by the Board, which has ultimate authority to reject the local choice and perform the duties itself, while charging the city and county to do so. Apparently existing I -gAs must be redezig- meuts. In order for a local agency to be desig- nated and certified as the enforcement agency, it must have a !andfill or other solid waste fac~ty within its jurisdiction and must meet certain standards regarding tech- nical expertise, staffing, budgeting and training. Different certification require- merits will be developed for landfills, incin- erators and mmsfer stations. As noted, in the absence of a certified local enforcement agency, the Board may fill that role itseft with all the same powers and duties, includ- ing adoption of local standards after "con- sultation" with the governing body. 4. Annual LEA Review: Once certified, the Board annually will review local en- the landfill subject to local jurisdiction. If the Board finds violations of state mini- mum standards or finds that the local en- forcement agency is otherwise failing to perform its duties, it may withdraw certifi- cation of the local enforcement agency and perform the duties itself. In addition, the Board may levy substantial monetary pen- alties of up to $10,000 per day for non- perfonnance to state standards. 5. Review Landfill Permits: Board re- views all landfiB permits granted by the local enforcement agency for compliance with state standards. Cl'ae Board does not have jurisdiction over hazardous waste repositories. However, if a landfill accepts both hazardous and non43_a7~rdous wastes, a separate permit will be required for each function). If the Board objecis on the ground of noncompliance, no permit will issue. The Board also ad~inlx~-I~ tl~ process, including hearings, for revocation, denial and revocation of permits. 6. Annual Landfill Inspections: The Board annually inspects all permitted landfills to determine that state minimum standards are met, and a special unit will be formed to deal with illegal, abandoned or closed sites. 7. Closure Costs: By January ~ 1, 1990, operators must submit estimates of closure costs so that the Board may establish re- quirements for insuring operator responsi- bility for closure costs and 15 years of post- 8. Site Clean-up: In conjunction with an advisory committee, the Board will ad- minister the solid waste disposal site clean- up and maintenance fund continued from prior law and levy an annual fee on landfill operators to support the fund. 9. Administer Household Hazardous Waste Program. In conjunction with an- other advisory hoard, the Board will de- velop and administer public programs and a model plan and guidelines for the identi- fication and disposal of household hazard- ous wastes. This is the only area in which city and county representation is required: the advisory hoard will have a member appointed by CSAC from a rural county and a city member appointed by the League of California Cities (as well as industry members and an environmental representa- tive appointed by the League of Women Voters). 10. Provide Loan Guarantees: The Board may use its funds to provide loan guarantees to operators for corrective ac- tions and grants to cities for hazardous household waste programs. 11. Enforce State Standards: Finally, the Board will enforce state standards through adminisffative, nuismlce and civil actions. Interestingly, when the Board seeks civil injunctive relief it will not have to prove either irreparable harm or an inade- quate legal remedy. H. City and County Roles A. The County's Duties. 1. Task Force: By January 31, 1990, each county must convene a task force to coordinate city source reduction and recy- cling plans (discussed below) and prepare county-wide solid waste facility siting cri- teria. The selection process for the task 6 Public Law News Fall 1989 force members is somewhat unclear. The task force representation will be determined by the Board of Supervisors and a majority of the cities with a majority of the popula- -'on and may include industry representa- aves, environmental orgsni-~tions, the public, and governmental agencies includ- ing special districts. The role of the lask force is to coo~lin~*~. regional solid waste concerns and sysm~ (such as marketing recycled products) as well as resolve con- fiicts between jurisdictions. After its initial formation, the task force will be convened every five years. 2. Pr epar ation of Sour c e R eductio n Plan for Unincorporated Area: The county pre- pares the source reduction and recycling element for the unincorporated areas which ciement addresses the same criteria as a city 3. Preparation of Siting for Facilities. 'Fae county prepares the siting plan for projected solid waste facilities for the entire county, including incorporated areas, for the next 15 years. The general role is that any site must be consistent with the general plaa for that jurisdiction- However, the County may site a proposed facility in an City's objection upon its review of the plan will remove the proposed site. Of course, The siting plan must be approved by the Board of Sulmvisors and a majority of the cities with a majority of the population. Ira city fails to act within 90 days of receipt of the plan, it will be deemed approved. 4. Preparation of Integrated Waste Management Plan (IWMP): The county combines the siting plan, the souwe reduc- tion plans from cities and its source reduc- tion plan for the unincorporated areas into the IWMP. The Board of Supervisors must hold a public hearing on the IWMP, ap- prove and submit it to the Board on the following schedule: by January 1, 1992, where the county has less than five years of remaining landfill capacity; by January 1, 1993 where five to eight years of capacity remain; and by January 1,1994 where eight or more years of capacity remain. 5. Board Review and Approval of the /WMP: Upon submi~ion of the IWMP, the Board will determine whether it is in com- pliance with the requirements of the new law (mainly regarding diversion of solid waste for recycling, cornposting and source reduction, as discussed below) and will ~avprove or disapprove the IWMP. If the 'lVlP is disapproved, the county will re- ceive a notice of deficiency slating the reason therefor and how the deficiency is to be corrected. The problem must be cor- rected and the IWMP resubmitted within 120 days. Apparently the county may cor- rect and resubmit the IWMP without reap- pmval by the dties (unless a city element is the problem). If the IWMP stin doe~ not meet tbe AB 939 requirements, the Board will hold a public hearing (not __n~safily in the af- fected county) und may impose civil penal- ties ofup to $10,000 per day onany city or county which fails to submit an adequate plan. (The possibility of substantial penal- ties, as well as the very short correction period, suggest that cities should prepare their plan.~ in advance and have them ap- proved by the Board in order to protect themselves from county delay or error). Once approved, the county must submit a yearly report on diversion of solid waste from landfills, addressing changes in busi- ness and pop-Ia~on which impact the di- ve~ion plan. The Board will review this report to determine if the IWMP requires revision. Failure to provide such a report or in a heating, a poss~le compliance order The IWldP must be updated and resub- mitted through the .same process every five years. No funding is provided for prepara- tion of the lWMP. 6. Annual Reports and Updates: A city or county may conUact with a IPA, a spe- cial district, or other regional entities to prepare the yeafly waste diversion ~ 7. CountyasLocalEnforcementAgenclc. The county may act as a local enforcement agency in the same manner as a city, as described below. B. City Responsibilities. The City's ability to contract for solid waste collection remains unchanged. Al- though AB 939 ostensibly is not intended to modify an existing franchise, where the city grants a solid waste handling franchise or contract, it now shall provide for source reduction, recycling and cornposting in that conlract. Under AB 939, each city should consider the following: 1. Task Force Membership: Participate in County Task Force (and coordinate with special districts which may participate). 2. Review County Site Plan: Review County siting plan to determine if facilities are sited within areas where such siting is inconsistent with the general plan and, if appropriate, object to the siting and request deletion of the site. 3. Act on Site Plan: Act on County siting plan within 90 days (unless it is to be deemed approved). 4. Prepare Recycling Element:. Before July 1, 1990, prepare, adopt and submit to the County the source reduction and recy- cling element. The source reduction and recycling ele- ment is a program for waste disposal within each city consistent with the goals of source reduction, cornposting and recycling. The element must have the following compo- nents described in greater detail in AB 939. - a waste characterization component; - a source reduction component; - a recycling component; - a cornposting component; - a solid waste facility capacity com- ponent; - an education and public information component; - a funding component; - a special waste component; - a household hazardous waste com- ponenL In a!idition, the element must have a waste diversion implemenlation schedule designed to achieve the following goals: (1) An initial 25% reduction of all solid wastes sent to landfill or transformation facilities by January 1,1995, and (2) a50% reduction by January 1,2000. Tbere are a number of exceptions and provisions for jurisdictions which cannot meet such goals and it is possible to get a one-year extension on meeting goals where adverse market condi- tions prevent compliance and the jurisdic- tion is acting in good faith to carry out ~he plan. Emergency regulations regarding the contents of the element are to be in place by January 1, 1990, and the law requires that the city must hold a public hearing before adoption of the source reduction and recy- cling element. 5. Consider more innovative City ac- t/OhS: Although not required to so so, a city has the ability to submit its element sepa- rately to the Board for review. Although the time frames are short, such submission to the Board, possible revision and approval in advance of submission to the county is recommended, given the substantial penal- ties which may attach for non-compliance. In addition, given the absence of any COSWMP in the period before adoption of the IWlV!P, the City may wish to have in place an updated plan as soon as possible. 6.1dentify a Fun&'ng Source: As noted, the city is required to identify a funding source for diversion implementation. No funding is provided by AB 939. However, AB 939 provides that a city may levy di- rectly on residents or collect through the waste hauler (but apparently not through tipping fees) fees in an amount sufficient to pay the costs of preparation of the element and implementation of the diversion sched- ule. Continued on page 8 Public Law News Fall 1989 7 An Overview of the Integrated Waste Management Act Continued from page 7 In addition, the city may place a sur- cha~e on solid waste received from "out- side the county" (although not necessarily from outside the city). However, the ele- ment may provide for waste diversion through export only if it shows a need to export and a specific plan for the amount and place of export. (An interjurisdictional WaSte disposal agreetnent similar to that allowed by Tanner could be useful here to support export on one side and fees on the other). 7. Consider acting as a local enforce- ment agency or grouping with other cities to do so: Whe~ there is a landfill withln the city, the city may want to designate itself as the local enforcement agency, assuming it has tbe resources to be certified by the Board. ~ae local enforcement agency en- forces Board standard and provisions, gX~Oqlnat_~ aud requil'e~ other agencies' hold hazardous waste collection and iden- darcls (which may be stricter than those of the state). Even where the city is not the local enforcement agency, AB 939 con- firms the city's ability to make local rules regarding recycling, cornposting and source reduction to can-y out the element. One reason to consider acting as the local enforcement agency is that it initially reviews and approves landfill permits (subject to Board approval). (The primary criteria set out in AB 939 to review permits is preventing environmental damage and p~viding long-term environmental protec- tion). In addition, the enforcement agency may collect fees from the hauler or landfill operator to support ~ activities if the city spinoyes an equivalent increase in waste disposal rates. (In other words, the costs of enforcement are passed directly to the consumer). Finally, the enfowement agency must inspect the landfill once a month and file a the inspectio-- In contrast, a reason not to act as a local eafowement agency is the possibility of board-knposed penalties should the local enforcement agency fail adequately to en- force mlnlm~lm ~ $~Qdard$. ill Questions To Be Resolved A. Status of County Solid Waste Management Plans. Existing plan provides for County Solid Waste Management Plans (COSWMPs). While existing law is repealed effective January 1, 1990, the first IWMPs are not required to be aaopted by the Boara of Supel~sors until at least January 1992. Many cities have not adopted solid waste management land use guidelines. Thus facilities could besited by the state without siL~nificant local input. We understand, in fact, that as of November, the Solid Waste Management~is~i~g ~- ing state authority by "extincting" COSWMPs. B. Local Recycling In light of the lack of guidance, local jurisdictions may wish to review existing zoning and general plan provisions. If these do not sufficiently address solid waste is- sues, you may wish to consider urgency zoning measures to fill the gap until adop- tion of the IWMP. ~ae City's veto power remains unclear;, what happens if the City specifically rejects the County siting plan or IWMP7 A viable City remedy is needed to avoid Board mediation or control or assessment of pen- alties. We believe present I F. As must be recer- tified and redesignated but this point also needs clarifieslion. D. Penalty Provisions. h is unclear whether failure to develop an acceptable ~ will resnit in portalties levied only against the county or against the cities and the county. IV. 'Mmceilaneous Provisions AB 939 contains other miscellaneous provisions of interest. For example, by lanuary 1,1991, the state water beard shall report to the Legislature on the extent of hazardous wastes in solid waste disposal sites and the potential effect.thereof. As can be seen from this brief review, AB 939 is an extremely complicated and detailed statute with a number of ramifica- tions still to be explored. The important point to understand now is that its time frames are short, and that the Legislature expects "immediate action" upon its adop- tion of the bill, even before the effective date. · EXECUTIVE COMMITTEE ROSTER 1989-90 lAbiA ZIMMER Chair Santo Barbara STEVEN AMERIKANER Vice-Chair Santo Barbara CARLA DURHAM PITTMAN Secretary/Treasurer Los Angeles RUSSI~I J. G. BEHRENS $ama Aria MAPJORIE COX San Francisco JAFFE DICKERSON Los Angeles ~c, SUS ESTRADA- NEN EZ Los Angeles EVERETF JENKINS, JR. Richmond CRAIG LABADIE San Francisco SUSAN R. MINASIAN Oroville PENNY N. NAKATSU Hayward KATHERINE E STONE Los Angeles MARK A. WASSER Sacramento PAUL WYLER Los Angeles MARGARITA VELA Advisor LOs Angeles DONALD BR~!~R Section Administrator San Francisco 8 Public Law News Fall 1989 ?,310 POND[R'0$A 0RIVE: SUITE I CAMARILL0. CALIFORNIA 93010 {805) 987-346B LAW OFFICES ONE: W~L. SH~[ BU~L.D~NG 6~"4 SOUTH GRAND AVE:NU£, IITM FLOOR LOS ANGELES. CALIFORNIA gOOI7 (?,131 SUITE 6.4.0 COSTA MI:'$A. CALIFORNIA (7141 ~.45 -I=. 55 g ENVIRONMENTAL LAW BULLETIN REVISEDAS OF January 29, 1990 TwR. CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989, AB 939 AB 939 has totally revised the law governing solid waste management in California. This Bulletin provides an overview of AB 939 and the draft Emergency Regulations which, if adopted, will partially implement AB 939. It focuses on the responsibilities of cities, and discusses the duties of the counties and the new California Integrated Waste Management Board which will affect cities. CITY RESPONSIBILITIES Cities will have increased responsibilities and opportunities in solid waste planning (including source reduction and recycling). By January 1, 1995, each city is to achieve a 25% reduction of all solid wastes sent to landfill or transformation (incineration) facilities. A 50% reduction must be achieved by January 1, 2000. ~he preparation of "statistically representative" (and not inexpensive) "solid waste generation studies" covering a continuous twelve month period will be required, as will preparation and implementation of source reduction, recycling and composting plan components" and programs. While Cities will have the opportunity to impose fees to offset these new planning requirements, and may be able ~o set "rate structures" to reduce waste generation, they will likely face challenges whenever fees are raised. Cities will face monetary fines of up to $10,000 per day if the new California Integrated Waste Management Board determines that their plans are inadequate or if they fail to effectively implement them. Failure to prepare and implement plans and programs which reduce the solid waste stream to the required levels could adversely affect a city's growth potential and the way it shapes its resi- dential/commercial/industrial land use (and tax base) mix. By July 1, 1991, each city must: prepare a "statistically representative" solid waste generation study covering a continuous twelve month period and reflecting seasonal variations prepare a city source reduction and recycling plan "element" emphasizing source reduction, recycling and composting programs. The element shall include the following components: - A solid waste generation analysis A source reduction component including an implementation schedule A recycling component including an implementation schedule A composting component, including an implementation schedule - An education and public information component A funding component identifying projected costs, revenues and revenue sources A special waste (asbestos and sewage sludge) component A disposal facility capacity component, projecting facility needs for fifteen years A household hazardous waste component including an implementation schedule An Integration component, integrating the foregoing components and how they will achieve AB 939's diversion mandates. hold a public hearing on adoption of the source reduction and recycling element -2- adopt and submit the source reduction and recycling element to the county (CEQA applies to this process; EIR's may be necessary). Many cities may find it necessary to retain consultants. Consultant agreements with well defined scopes of services will require funding and, in many cases, council approval. As to financing the preparation of the source reduction and recycling element, AB 939 provides: a city may levy fees directly on residents (or collect them through the waste haulers) in an amount sufficient to defray the costs of preparing the source reduction and recycling element. A thorough understanding of AB 939's financial provisions will be required. a city may impose a surcharge on solid waste received from "outside the county" (although not necessarily from outside the city). If there is a landfill within a city, that city may designate itself as the "local enforcement agency" (LEA). The LEA reviews and approves landfill permits, inspects landfills for proper operation, and may collect fees from haulers or landfill operators to support its LEA program. Affected cities should carefully consider status as an LEA, and all its implications. Cities retain the authority to determine frequency of collection, means of collection and transportation, levels of services, charges and fees, and the nature, location and extent of providing solid waste handling services. COUNTY DUTIES By March 1, 1990, each county must convene a task force to assist in coordinating the development of city source reduction and recycling elements, and to prepare the countywide solid waste facility siting element. Cities have a role here, as composition of the task force is to be determined by the Board of Supervisors and a majority of the cities with a majority of the population. The county has the responsibility of preparing a siting plan for projected solid waste facilities for the -3- entire county (including incorporated areas) for the next 15 years. Counties are to take city source reduction and recycling elements, and its own source reduction and recycling element for unincorporated areas, and prepare a "County Integrated Waste Management Plan" ("CIWMP" or "SWIM- PLAN"). CEQA applies to this process. CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD The Board's duties with the most direct impacts on cities fall into these categories: Review and approve city source reduction and recycling elements; Levy monetary penalties (of up to $10,000 per day) against cities for failure to implement an adequate source reduction and recycling element. (This is a case of "the Proof of the pudding . . "if a city fails to meet the mandatory reduction ~oals). Develop regulations for the designation and certification of "local enforcement agencies". Inspect all permitted landfills annually to determine that state minimum standards are being met. AB 939 is complex; numerous questions remain to be resolved. The draft Emergency Regulations have only recently been published, but have not yet been adopted by the Board. (This firm. has submitted a letter recommending a number of changes in the draft regulations). Careful, timely steps must be taken to comply with the Bill's stringent requirements. For example, cities must begin the twelve month solid waste generation study no later than June 1, 1990, at the very latest, if they are to have any hope of meeting the July 1, 1991 deadline for submission of their plans to their respective counties. For your convenience, a "Deadlines Chart" has been prepared to assist you in anticipating and meeting AB 939's deadlSnes. A copy is attached. If you have questions, please call Colin Lennard at (213) 236-2712 or Rufus C. Young, Jr. at (213) 236-2821. RCY/WP/BUL79340 -4- 2310 P0NOEROSA DRIVE SUITE I CAMARILL0, CALIFORNIA B3OIO (805) 987-3468 LAW OFFICES ONE WILSHIRE BUILDING 624' SOUTH GRAND AVIrNUI~, III'- IrLOOR COS ANGELES. CAL. IFORNIA 90017 (2~3) :='3~-0~00 SUITE (~40 COSTA MESA, CALIFORNIA 92B26 (714) 545-5559 TELEC01~IEI~I: |!1.~| 23~'2100 AB 939 DEADLINES AFFECTING CFFIES By Rufus C. Young, Jr.* Revised as of January 29, 1990 This chart depicts the deadlines for actions required by AB 939 (Sher). Note that many of these actions will require considerable lead time for study, contract negotiation, environmental analysis and council action. Citations to code sections are to the Public Resources Code unless other- wise noted. Citations to the "Draft Emergency Regulations" published in the latter part of January, 1990, by the California Integrated Waste Management Board are cited as "DER $ ." For convenience, the term "source reduction and recycling element" has been abbreviated: "SR&R element." "Board" refers to the California Integrated Waste Management Board. "LEA" is the acronym for Local Enforce- ment Agency. Deadlines for enforcement actions and appeals will be the subject of a separate chart. DEADLINE AGENCY EVENT CODE anuary 1, 1990 [Not met] Board Adopt emergency regulations for cities to S 43503 use in preparing SR&R elements January 31, 1990 Landfill owner/ operator Submit certification to Board re closure and post-closure costs 43501 February 1, 1990 City Last date to begin continuous twelve month period of data collection for solid waste generation study which will permit city to seek optional review of SR&R element by Board, hold noticed public hearing, adopt SR&R element and forward it to county to meet July 1, 1991 deadline. DER S 17122 and PRC ~ 41794 March 1, 1990 County Convene City-County Task Force S 40950 Attorney, Environmental Law Group, Burke, Williams & Sorensen. For more information, call Colin Lennard, Tel. (213) 236-2762, Rufus Young, (213) 236-2821, or Stephen Onstot (213) 236-2880. -1- April 25, 1990 (and quarterly thereafter) Landfill operator Forward first quarterly payment of solid waste fee of $.50 per ton to State Board of Equalization 48000 June 1, 1990 City Last possible date to begin continuous twelve month period of data collection for solid waste generation study, prepare remaining components of SR&R element, hold noticed public hearing, adopt SR&R element and forward it to county to meet July 1, 1991 deadline § 41000; DER § 17122 July 1, 1990 Landfill owner/ operator Submit closure and post-closure plans if land- fill lacks capacity to operate after Septem- ber 28, 1992 43503 January l, 1991 State Water Board Submit report to the Legislature summarizing the extent of hazardous waste in solid waste disposal sites, their potential effect on water quality, and recommended actions to protect water quality 45700 March 1, 1991 City Last date to submit city source reduction and recycling element to Board for optional review and approval. (Note: Board has 120 days to act; SR&R element must be submitted to County not later than July 1, 1991). 41794, 41800 July 1, 1991 City Submit source reduction and recycling ele- ment, including the following components, to County: 41000 "statistically representative" solid waste generation analysis § 41030; DER §§ 17122- 17126 -2- sottree reduction component, including implementation schedule and an evaluation of "rate structures~ designed to reduce amount of wastes generated S 41054 DER S 17134 - recycling component, including implementation schedule S 41070 DER S 17135 - eomposting component, including implementation schedule ~ 41200 DER § 17136 education and public information component § 41220 DER § 17140 funding component, identifying and specifically describing projected costs, revenues and revenue soufees S 41230 DER S 17146 - special waste (i.e., asbestos and sewage sludge) component S 41250 DER § 17137 disposal facility capacity component § 41260 DER S 17144 - household hazardous waste component § 41280 DER § 17148 - Integration component DER § 17148 -3- As determined by implementation schedule in SR&R element City Implement sottree reduction component § 41050 DER § 17133.5 As determined by implementation schedule in SR&R element cit Implement recycling component § 41070 DER § 17133.5 As determined by implementation schedule in SR&R element City Implement eomposting component S 41200 DER § 17133.5 ks determined by implementation schedule in SR&R element City Implement household hazardous waste com- ponent § 41280 DER ~ 17138.5 August 1, 1991 Board Prepare and adopt certification requirements for local enforcement agencies (LEA) 43200 Within 90 days of receipt City Act upon countywide siting element or amendments; failure to act shall be deemed approval 41721 Within 90 days of receipt City Act upon countywide integrated waste management plan, or amendments, or be deemed to have approved the plan or amendment as submitted 41760 -4- Not later than October 2, 1991 County Counties with less than 5 years of remaining S 41790 landfill capacity submit countywide inte- ETated waste management plan to cities for approval January 1, 1992 County Counties with 5 to 8 years of remaining § 41790 landfiU capacity submit city-approved,* countywide integrated waste management plan to Board. (Unless one-year extension has been ETanted: S 41820.) August 1, 1992 LEA Deadline for obtaining Board certification § 43201 Not later than --')etober 2, 1992 County Counties with 5 to 8 years of remaining S 41790 landfill capacity submit countywide inte- ETated waste management plan to cities for approval January 1, 1993 County Counties with 5 to 8 years of remaining § 41790 landfill capacity submit city-approved,* countywide tnteETated waste management plan to Board. (Unless one-year extension has been granted: S 41820.) Not later than October 2, 1993 -County Counties with more than 8 years of remain- § 41790 ing landfill capacity submit countywide inte- ETated waste management plan to cities for approval "City-approved" means approved by the county and a majority of the cities with a majority of the population of the incorporated ares with the county. ~ 41760. -5- January1, 1994 County Counties with $ to 8 years of remaining § 41790 landfill capacity submit city-approved,* countywide integrated waste management plan to Board. (Unless one-year extension has been granted: S 41820.) Within 120 days of receipt Board Determine whether city source reduction and S 41810 recycling element or countywide integrated waste management plan is adequate Within 120 days of receipt of notice of defici- ency City Correct any deficiency noted by Board, S 41811 readopt and resubmit to the Board ~ithin 120 days of receipt of notice of defici- ency County Correct any deficiency noted by Board, S 41811 readopt and resubmit to the Board One year after county integrated waste management plan must be submitted to Board City Last date on which solid waste may be § 41903 exported from city unless city is in compliance with an approved SR&R element Annually following Board approval City Submit report to Board summarizing progress S 41821 in meeting solid waste reduction goals "City-approved" means approved by the county and a majority of the cities with a majority of the population of the incorporated ares with the county. S 41760. -6- No later than next revision of countywide siting element City City (or county) makes finding that an area "tentatively reserved" for establishment or expansion of solid waste incinerator or dis- posal facility is consistent with its general plan S 41711-12 At least every two years Board Review city or county sotwee reduction and recycling element and determine if it is being implemented 41825 At least once every five years city Review sotwee reduction and recycling goals to correct deficiencies; submit any revisions to board for approval 41822 '--lanuaryl, 1995 City Divert 2596 (adjusted for growth) of solid waste from landfill or incinerator, through source reduction, recycling and eomposting 41780 January 1, 2000 City Divert 50% (adjusted for growth) of solid waste from landfill or incinerator, through sotwee reduction, recycling and eomposting 41780 At least 120 days before commencing operations Operator of solid -waste facility Apply to LEA for permit 44001 At least 120 days before modifying operations Operator seeking to modify opera- tions Apply to LEA for revision of permit 44004 -7- 65 days in ad- vance of aetinl~ on application LEA Provide Board and applicant with copy of proposed permit 44007 Within 60 days of Board's receipt of proposed permit Board Concur or object to issuance, modification or revision of SW facilities permit, or be deemed to have concurred 44009 Within 120 days of filin~ of application for solid LEA Make decision to issue or not issue permit 44008 Once a month LEA Inspect each solid waste facility within its jurisdiction; file report within 30 days after inspection. 43218 Within 30 days after event Owner of disposal site Report encumbrance, sale, transfer or con- veyance of interest 44005 RCY/WP/CHT64923 01/23/90 -8- VENTURA COUNTY OFFICE 2310 PONDEROSA DRIVE SUITE I CAMARILLO, CALIFORNIA 93010 (805) 987-3488 TELECOPIER; (805) 482-9834 LAW OFFICES 3~O0 BRISTOL STREET SUITE 640 COSTA MESA, CALIFORNIA (714) 545-5559 LOS ANGELES OFFICE ONE WILSHIRE BUILDING 6~'4 SOUTH GRAND AVENUE, IITM FLOOR LOS ANGELES, CALIFORNIA gOOI7 (:'13) :~38-O600 TELECOPIER: (='13) ::'3~-~'7OQ Honorable Mayor and Members of the City Council city of Temecula P.O. Box 3000 Temecula, .California 92390 February 15, 1990 Re: Riverside County Solid Waste Management Advisory Council (AB 939 City-County Task Force) Dear Honorable Mayor and City Council: Under AB 939 (the California Integrated Waste Management Act of 1989), each County must, on or before March 1, 1990, convene a "Local Task Force" to assist in the development of "source reduction and recycling elements" and to prepare a countywide solid waste facility siting plan. To meet its obligation, the County of Riverside is asking the cities in the County to approve the formation of a "Solid Waste Management Advisory Council" ("SWMAC"). (See attached letter.) AB 939 provides that the composition of the local task force is to be determined by the "board of supervisors and a majority of the cities within the county which contain a majority of the population in the county .... " The SWMAC proposed by the Board of Supervisors would consist of a minimum of 22 members. Six, including one supervisor who would serve as a nonvoting president, would be appointed by the Board of Supervisors. Two would be appointed by the Western Riverside Association of Governments. Two more would be appointed by the Coachella Valley Association of Governments, and one would be appointed by the council of each city with a population in excess of 100,000. The remaining members would be representatives of industry (2), refuse haulers (3), agricultural interests (2), civil engineers (1), recycling industries (1) and the environmental community (1). Honorable Mayor and City Council February 15, 1990 Page 2 Under AB 939, each city must prepare a detailed analysis of its waste stream, and then must prepare source reduction and recycling plan elements. These plan elements must be submitted not later than July 1, 1991. The SWMAC would have a role in coordination this process, but would not have veto power. (These plan elements are to be designed to enable each city to divert 25 percent of all solid waste from landfill facilities by January 1, 1995, and 50 percent by Jan 1, 2000). Also attached is a copy of our firm's Environmental Law Bulletin on AB 939. It outlines the new law and sets out the deadlines for required actions. Given its roles in coordinating the development of the cities' source reduction and recycling elements, and the preparation of the county solid waste facility siting plan, the SWMAC could emerge as a significant force in this dynamic area. While a task force plan which included a reserved seat at the table for the City of Temecula might be preferable to the County's SWMAC, in the absence of an alternative plan, it is recommended that the Council approve the SWMAC's creation as the AB 939 task force. A resolution has been prepared, should you agree. Colin Lennard of this firm and I serve as members of the League of California Cities' AB 939 Advisory Task Force. We will continue to keep you advised of developments as they occur. s f f/LTR12141 Very truly yours, for BURKE, WILLIAMS & SORENSEN~ sff/RES12141(021590) RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONCURRING IN THE ESTABLISHMENT OF A TASK FORCE TO COORDINATE THE DEVELOPMENT OF SOURCE REDUCTION AND RECYCLING ELEMENTS AND THE SITING OF SOLID WASTE FACILITIES IN RIVERSIDE COUNTY . .: FEB 1 0 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the development of source reduction and recycling elements is required by the California Integrated Waste Management Act of 1989 (the "Act"); and WHEREAS, the establishment of a Local Task Force, with membership determined by the Board of Supervisors and a majority of the Cities with a majority of the population in the County is required by the Act; and WHEREAS, the County of Riverside, by Resolution No. 89-636, has provided for the establishment of a "Solid Waste Management Advisory Council;" and WHEREAS, the Council of the City of Temecula desires to assist in the development of a coordinated approach to the implementaion of the California Integrated Waste Management Act of 1989, while retaining the City's authority to develop its own source reduction and recycling programs as required by the Act, and its authority over facility siting decisions. NOW, THEREFORE, THE COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City of Temecula concurs with the establishment of a Local Task Force, as provided in the California Integrated Waste Management Act of 1989 and County of Riverside Resolution No. 89-636. -1- sff/RES12141(021590) SECTION 2. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this , 1990. day of RON PARKS MAYOR I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the city Council of the city of Temecula at a regular meeting thereof, held on the day of , 1990 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: ABSENT: COUNCILMEMBERS COUNCILMEMBERS F. D. ALESHIRE CITY CLERK -2-