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Home My WebLink About072490 CC Agendainvention Flag Salute P&mtor David Wall Trinity Church BLrdaall, Li-ndenane~ Hoere, Mufioz, Parks Temecula Courtunity Day at the Races A total O! 1S minutes is provided so lmaber~ Of the .~._p~b~ lic can ~ fil~ with ~e City Cl~k. All totters listed:' "~ ~-n~r~ ..~na~r are Considered to be routine ~nd all viii be enacted' '~y one roll oa. ll vote. There vilX' ~ no discussion of these itea8 .unless ~mbera of the -~C.:ity Couao!l request specific items be removed fron the "~t~l~dar for separate action. I ~" 1.'1 Approvs ~he minutes o£ July 3, 1990 as sailed. 1 .-2 Approve ~he minutes of July 7, 1990 as mailed. Approve the uinutes of July 10, 1990 as Bailed. ~4~y..~-pl~t~'~ ~0~ fo~ +he Ho~ ~n~,~n9 Jun~ 30. lp~0 2.1 Receive and .file. · 3.1 Approve a resolution entitled: mOLWI~ ~. 90- A ~~~ ~ ~ ~ ~XL ~ ~ ~X~ ~ ~~ ~BXT A. ~Q~ A.n~ U~e ~x AnO~yAJs and Re~pwtin~ A~en~t RBC~IMDATXON: 4.1 AppFove~n agreeBent to provide sales tax analysis and monthly sales tax reports. 4.2 Adopt a .resolution authorizing access to sales and usa tax records entitled: IBSOLUTXGI I0. 90- & IBSOLUTXO~ OF T~B ~T~ COUISCXL OF THB ~ZTr O~ TBHBCULA 'TO~ ~ TAX&T1:011 ~ODB iB~"L'XCXl ~0Se 07118/80 6,1 Approve F~nal Veit~ng Tract Hap 23371-3 subject · he cond~t~oni of approval. ¸8. 1¸0. F!,F~. V~4~~c~ ~3~7~-4 .II(~II~H~ATION: ?-.1 Approve Y~nal vesting Tract Hap 23371-4 ~he cond~t~oni of approval. RECOMMENDATION: Approve F~nal Parcel Hap 22886, iub~ic~ condtt~ons of approval. -RF~Gi(J~DATION: 9.1 Approve Final Tract Map 23100-3, oond~t~oni of approval. ~Cle%r~-~,~ c~ugn~tion~o~v~ REC~mB~ATION: Adopt a reaolut~on entitled: IUbJ ICt to to the subject to ~he ~ ~~XOI ~IIIm!id~M00 · 07/18/10 14 · Plot pl~ No~ ~'~5~6 14. X lte~mivm and film ¸15. ~~4ENDATiON: 15.1 Set for Public Hearing on July 31, 1990. ~e-w ~Ov Rinor~ q~dlnance RBCOMMENDATION: 16.1 (Second l~~g~ Read by title only, waive further reading and adopt an ordinance entitled: O~DI~NCINO. 90-11 ~N~DXI~N~'OFTH~ZT~OUN~ZL OF TH~ZT~OFT~~ ~DX~ ~~ 11.10 ~ ~ T~ ~CX~ ~DB 17. r~b]aT~.levt.~ton Fr~nch4se ordinance (~eco~lR~)ding) 17.1 Read by title only, waive further readingand adopt an ordinance entitled: MO. 90-12 ~W ~D~ OF T~B (3ZT~ ~oml~zL OF TI~ ~"J:TY OF ~eglndiO7~480 · ~, ~~e~t - A~rovs~ oe Adopt & relolutton entitled: I, BIOLUTXOII 90- ~ O01FXIII~TXOel OF ~!IPleX!X, OOO'~ OF 19. A 104 lot single family subdivision with 17.7 acres of open space alon~ the northern side of Pals Road, south Highway 79 and approximately 1/2 ~ile southeast of the intersection of Pals Road and Highway 79. R~C~BNDATXON: 19.1 Set for Public Hearing on August 14, xg90 to discuss additional conditions of approval requiring a traffic analysis prior to ~ap recordation RE,~ATXON: 20.1 Approve a GO-day dog license late fee program. 21. ItBC0~DATION: 21.1 Autorime ~e City ~nager to p~ale a K~ 235~ copier ~ough ~e ~~sX~ ~p~ent of ~s Co~t~ of Rtv~std.. ~ilmdlK)7~410 o o7/18/Io 21.2 Adopt a resolution entitled: P.B~OLUTXO~ NO. ~0- PUB&ZC ~B,lt~ 212. ~ of Zone 5S63. C9n,~onq.] Qse p~'r~J.t 3Q4:~ ltEC(~NDATXON: 22.1 Adopt the Negative Declaration for County Environmental Assessment No. 34180 based ~n the findings incorporated in the Initial Study, and the conclusion that the proJe~c will not have a significant effect on the enviromaent 22.2 Deny Change of Zone Request. No. 5563 fro~ R-R to C- 1/CP in accordance with. the findi.~gs contained in the staff report, but 22.3 Approve Change of Z~ne No. 5563 fro~ R-R to C-P-$ in accordance with findings containnd in the staff report as follows: Read My title only, waive further reading and introduce an ordinance entitled: ORD~B JO. 90- ,1Lll OB, Dll]t,31~ O/' 'F~ OXTI' ~:)UIK~ZZ, OF Ti~ L~J?F~ GF ~ IJBBOX~IG 'FEB OFFZOX~ ,IOIIll~ ~ Q~ ~ OZ'Fr .l~ TEB ~ OF ~ ~C~t, TZGII' ,CiQiiTA,I31BD 11' ,~ XBI2:DBIITZJU,) TO C1~8 (~eBlio lieuwaY :,e0101mtrL~L) Oil ROaD ~ ITATB B3:eRWA~r 70.. 7 ~ec/~GD11572 CITY OF TB!iB~ULA AGENDA RBI~)RT FROM: DATE: MBETZNG DATE: SUBJECT: CITYMANAGER/CITY COUNCIL TIM SERLET, CITY ENGINEER; JOHN E. CAVANAUGH, CITY ATTORNEY'S OFFICE JUNE 27, 1990 JULY 10, 1990 ORDINANCE NO. 90- AND RESOLUTION NO. 90- RELATING TO LAND DEVELOPMENT FEE SCHEDULES RECOMMENDATION: That the City Council adopt: Ordinance No. 90 - amending portions of Ordinance No. 90-4 relating to land development fees and allowing the City Council to adopt fees by Resolution. Resolution No. 90 - adopting the new Riverside County fee schedule and establishing a separate fee schedule for Engineering Department plan check and inspection. DIBCUSSION~ Upon incorporation the City adopted the then existing County of Riverside fee schedules for engineering, planning and other land development functions pursuant to City Ordinance No. 90-04. In May, 1990 the County completed a study of its fees and adopted Ordinance No. 617.4 consolidating the fees collected by the various County departments. The new County Ordinance also updated the fee amounts to reflect current costs of providing the services. The existing fees for the operation of the City of Temecula Planning and Engineering Departments are insufficient to cover the associated costs. Adoption of the proposed fee schedules will produce the amount of funds necessary to provide the services performed by the Department including City administration; however, the proposed fee schedules do not exceed the cost of the actual services. -1- jec/AGD11572 Proposed Ordinance No. 90- will amend the prior County fee schedule adopted by reference by authorizing the City Council to adopt by Resolution a consolidated schedule of fees for engineering, planning and other related functions. The proposed Ordinance will also authorize the City Council to amend by Resolution such fee schedules. Proposed Resolution No. 90-__will adopt a consolidate schedule of fees for planning, engineering and other related functions. The proposed Resolution will additionally adopt a separate fee schedule for Engineering Department plan check and inspection. Resolution No. 90-__will be adopted concurrently with Ordinance No. 90-__. The new City fees contained in the Resolution will cover the cost of providing the services, including City administrative costs. ATTACHMENTS: 1. Ordinance No. 90- ~ 2. Resolution No. 90- ~ Chart comparing the City of Temecula Engineering Department rates with those of similar cities and with the County Riverside~ Chart comparing estimated engineering fee amounts for various types of projects in other cities and in the County. Copy of Riverside County Ordinance No. 671.4 showing the deletions which are not to be adopted into the City's consolidated schedule of fees. -2- Approve Conditional Use 'Permit 1(0. 3042 -based on ~he attached £inding~ and subject to ~he attached conditions or approval. .[ RBCOiO~HDAT!OH= 23.1 Read by title only, waive further readinq and introduce an ordinance entitled: ]dQB.DZlEMiCBO~THBCZTT'COUltCZL OF mGZT'ZGI'~ Mimmz!m I,ORTZOaJS O~ GB.DZmCB 1tO. 90-04 ~BRTAXr'.,.!m TO C~I~OLZD~TBDFBBS /OR LAMDUSB]LIKDIBLATBD~ZOB8 23.2 Adopt a resolution entitled: RBSOLUTXOMJO. 90- &RBSOLUTXG~ O~ THI ~XT~ ~XL OF ~ ~ ~ ~B ~~~ ~~ JointMeetingwtththe PlanninqCommission robe held Monday, July 30, 1990 at 7:00PM, Vail Elolaentary.Schoo!, 29915 MiraLomaDrive, Temocula, California Ne---tnoeting: July 31, 1990, 7:00 PM, TIr.e~,la Community Center, 288:16 'PuJol Street, Temecula, California June 26, 1990 B;lll/!=r Thoroughbred Club P.O. ~OX 700. ~E~ t~. C~IFOIA~. ~014 .R~AE {$~1755.1141 J t3 7 990 The ~or~rable Bon Parks Mayor City of Temecula P.O. Box 3000 Temecula, 0% 92390 Dear Mayor Parks, I ~ould Like to oonfirm Temecula C~;a:~nity Dray at the races at De/ Mar as Wednesday, August 15. In honor of t]~ occasion, a raoe will be named for the City of Temecula. The Del Mar ~horoughhred Club ~ould like to invite you and a guest to enjoy luncheon in the private Turf Club c~ that date. We will also be inviting Chamber of Omm~_rce President Alan ~Donald and his guest to attend. We would be delighted to have you and Mr. M~Donald participate in a special winher's circle ceremony following your designated race. As part of the Ocmm~u%ity Osy celebration, free ~randstand admission will be offered to Te~ecula residents on the date of the event and groups m~y be planning special events in the infield area. Please let us kn~ at your earliest oonvenience whether you will be able to attend Temecula Ommmunity Day at the races at Del Mar on August 15. Sincerely, Caroline Boullon Marketing and Media A PROCLAMATION OF THE CTrY COUNCIL OF ~ CITY OF ~ WHEREAS, the Del Mar Thoroughbred Club is conducting its 51st season of thoroughbred racing at the historic racetrack at Del Mar; and, W]~S, the racetrack co-founded by Bing Crosby and actor Pat O'Brien is saluting the City of Temecula by naming a race in its honor on August 15; and, WHEREAS, both the newly incorporated City of Temecula and Del Mar Thoroughbred Club have long and colorful histories and each have a unique place in shaping the distinctive lifestyle of southern California; and WHEREAS, the citizens of Temecula are invited to attend the races at Del Mar on August 15, 1990; NOW, THERE~, I, Ronald D. Parks, Mayor of the City of Temecula, hereby declare August 15, 1990 as TEMECULA DAY AT DEL MAR IN WITNESS WHEREOF, I have hereunto set my hand and mused the Seal of the City of Temecula to be affixed this 24th day of July, 1990. ATTEST: Ronald J. Parks Mayor June S. Greek Deputy City Clerk 2/Pro~ I 07/18/90 MINUTES OF ~ REGULAR MEETING OF THE TEMECUL~CITY COUNCIL HELD JULY 3, X990 An adjourned regular meeting of the Temecula City Council was called to order at 7:03 PM at the Rancho California Water District, 38061 Diaz Road, Temecula, California. Mayor Ron Parks presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Frank Aleshire, City Attorney Scott F. Field, and Deputy City Clerk June S. Greek. INVOCATION The invocation was given by Pastor Gary Nelson, Calvary Chapel. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Moore. PRESENTATIONS/ PROCL~.MATIONS Captain Rick Sayre, Chief of Police, introduced John Cook, newly appointed Crime Prevention Officer for the City of Temecula. Mayor Parks presented Frank Aleshire with a plague in appreciation for his service as Interim City Manager for the City of Temecula from December 1, 1989 to July 1, 1990. PUBLIC COMMENTS Jay Waterman, 41790 Winchester, spoke regarding the lack of regulation of street vendors. He said he has brought this matter before the City Council at an earlier time, and nothing has been done to regulate this unfair form of competition. He stressed the point that these street vendors are a public hazard, very often operating right on the street, and something must be done to rectify this problem. Bob Newsom, 29760 Rancho California Road, a tenant at the Moraga Center, expressed his concern over the parking problems that will occur with the opening of the Lube and Tune, scheduled for the Center. He stated a petition was presented to Councilmember Mufioz stating opposition to the parking problems a Lube and Tune would present. He requested the City address this problem before it becomes a safety hazard, and accessibility to present businesses is greatly reduced. 4~ut~RB90 -1- 07/10/90 City Council Minutes July 3, 1990 Councilmember Mu~oz presented the City Clerk with the petition for distribution to the City Council and staff. CONSENT CALENDAR Councilmember Lindemans requested removal of Consent Calendar Item No. 3. He also requested a copy of the specific plan for Item No. 4. It was moved byCouncilmember Lindemans, seconded by Councilmember Moore to approve Consent Calendar Items 1, 2 and 4 as follows: 1. Minutes 1.1 Approved minutes of June 19, 1990 as mailed· 2. Dedication of Easements Along Ynew Road North of Rancho California Road 2.1 Adopted a Resolution entitled: RESOLUTION NO. 90-63 A RESOLUTION OF THE CITY COUNCIL OFT HE CITY OF TEMECULA, CALIFORNIA, APPROVING DEDICATION OF EASEMENTS FOR PUBLIC ROAD A~DDRAINAGE PURPOSES, INCLUDING PUBLIC UTILITY AND PUBLIC SERVICE PURPOSES, ALONG.PORTION OF YNEZ ROAD. 4. Final Tract Maps 21675 and 21675-6 4.1 Approved Final Tract Maps 211675 and 21675-6, subject to the conditions of approval· The motion was carried by the following vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu5oz, Parks COUNCILMEMBERS: None COUNCILMEMBERS: None &pproval of Bid No. 6-90 - City Manager's Vehicle Councilmember Lindemans expressed concern that the selected bid was not from the City of Temecula. He stated he would like to send out a message to the Community that the City likes to shop locally. He stated the local merchants had 4U41mm~)71~O -2- 07110/90 City Council Minutes July 3. 1990 greatly contributed to Temecula and the City needs to show its support. He said Griffin Oldsmobile would be willing to lower its price to be the lowest bidder. Mayor Parks asked if the City was required by ordinance or resolution to follow a certain bidding procedure. City Manager Aleshire reported there is a State law that requires public bidding for public works contracts. Regarding the purchase of automobiles or furniture, the City Council establishes the policy as set forth in the Purchasing Ordinance. He explained this ordinance does require the City to award to the lowest bidder, in this case De Anza Chevrolet, of Riverside. He reported the Griffin bid was $1,500 higher on a $20,000 purchase. According to the purchasing ordinance, the City Council does not have discretion unless the Council can find that the lowest "responsible" bidder would be a higher bid. He stated the Council does have one final option that would be to reject all bids and start the procedure over again. Councilmember Lindemans stated he did not feel the City was comparing like vehicles. It was moved by Councilmember Lindemans, Councilmember Mu~oz to reject all bids. seconded by The motion failed by the following vote: AYES: 1 COUNCILMEMBERS: Lindemans NOES: 4 COUNCILMEMBERS: Birdsall, Moore, Mu5oz, Parks ABSENT: 0 COUNCILMEMBERS: None Councilmember Mu~oz asked if the City was comparing comparable vehicles. City Manager Aleshire said the four vehicles meeting the required specifications were considered to be comparable. Mayor Parks stated that he would like to shop locally, but felt it was in the best interest of the citizens of Temecula to accept the lowest bid in this case. Mayor Parks asked the City Attorney if all bids were rejected, could the City rebid locally. City Attorney Fields stated bids cannot be limited to local dealers only. He said the City could give local merchants a 1% local preference based upon sales tax staying in the City. 4~!huSm~070390 -$- 07/10/90 City Council Minutes July 3. 1990 Councilmember Birdsall stated she is concerned with accepting a revised bid from Griffin Oldsmobile because this would defeat the entire purpose of the bidding procedure. She stated it is not fair to renegotiate with only one party. City Manager Aleshire stated it would be appropriate in the future to make changes to the current ordinance, but stated it is generally in the best interest of the entire community to obtain the lowest price possible from a wide-range of sources. Councilmember Moore moved, Councilmember Parks seconded a motion to authorize the City Manager to accept the best low bid submitted by De Anza Chevrolet in the amount of $20,485.63, including tax and license. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Parks Mu~oz, NOES: 1 COUNCILMEMBERS: Lindemans ABSENT: 0 COUNCILMEMBERS: None PUBLIC HEARINGS 5. Vacation of a Portion of Netcedes Street City Manager Aleshire reported this is a proposal to improve Sam Hicks Park. This improvement requires a vacation of a portion of Mercedes Street to accommodate additional parking. Doug Stewart, Deputy City Engineer, stated one half of the property is in the name of the Temecula Valley School District and half belongs to the State. He said that later on the agenda, the Council would vote on whether to accept deeds to the park. Mayor Parks opened the public hearing at 7:50 PM. Evelyn Harker, 31130 S. General Kearny, stated the land is in the name of Sam Hicks Parks and not the School District. Mayor Parks Closed the public hearing at 7:52 PM. Councilmember Mufioz asked if staff was concerned about receiving the easement from the State of California. Mr. Stewart stated staff feels this is only a timing consideration. -4- 07110/90 City Council Minutes July 3. 1990 It was moved by Councilmember Birdsall, seconded by Councilmember Moore to approve vacating a portion of Mercedes Street subject to reservation of easements for public utility purposes and further subject to obtaining an access easement from the State of California over the easterly half of Mercedes Street and adopt a resolution entitled: RESOLUTION NO. 90-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING THE FACATION OF A PORTION OF MERCEDES STREET THAT PURSUANT TO AUTHORITY PROVIDING BY C~APTER 3, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None COD~NCIL BUSINESS 6. Old To~n Historic Review Procedures and Recommendations City Manager Aleshire stated this item first came before Council, was referred to the Planning Commission for review and is now back before Council with the recommendation to approve creating an Old Town historic review procedure. He said the actual procedure is not before the Council at this time, however if Council chooses to go ahead with this, staff will prepare the necessary resolutions. Mr. Aleshire introduced John Davidson, of Willdan Associates to give a presentation. Mr. Davidson presented research prepared over the past two weeks, on how development approval was obtained in the Old Town Historic District when administered under the County authority. A five member local review board was established having the duty to review proposed developments within the district boundaries and make recommendations to the County Planning Director on the appropriateness for the Old Town area. The County Planning Director, would then issue a certificate of historic appropriateness. With this certificate in hand, the development could proceed. Mr. Davidson stated that members of this board were to be reappointed every two years; This never occurred and as a result, only two active members remain on this board. He 4~;(~9(} .~ 07/10/90 City Council Minutes July 3, 1990 recommended the following course of action: Review of development proposals and property alterations within the Temecula Historic Preservation District for historic appropriateness should be incorporated into the City's development review process as soon as possible. The City should re-establish full membership for the Temecula Historic Review through Council appointment of new members. Within the next two-month period, the City should establish interim review procedures and evaluation criteria for use in reviewing proposed projects in the Historic Preservation District. The city should investigate the possibility of expanding the boundaries of the Historic Preservation District. e The City should initiate the formation of permanent design guidelines and special development standards for the Historic Preservation District. The City should prepare a comprehensive, long-range strategy for the preservation and development of the Old Town area addressing such issues as land use, circulation, parking, public improvements, economic development, and urban design. Mayor Parks asked if there is a current mission statement for the committee. Mr. Davidson said he is unclear on this point and has not seen any official County guidelines. Councilmember Mu~oz recommended that this be referred back to the Planning Commission to hold public hearings. That public input on the guidelines of this committee be taken, that The Planning Commission do the recruiting, and possibly increase the membership to seven or nine members. Councilmember Lindemans stated he would like to increase the number to a 15-member committee, stating Old Town Temecula faces many problems and it will take a great deal of work to preserve the area. Councilmember Moore said she understood this was an architectural review board, to assure that structures such as the Circle K building will not be permitted. She stated she would like to see the District expanded. City Manager Aleshire stated the Planning Commission's recommendation is to expand this committee to do more than 4~diaUl~\070390 -6- 07110190 City Council Minutes July 3. 1990 just architectural review, and Council should decide what it wants accomplished. Mayor Parks stated the Planning Commission has recommended restaffing this committee, and he felt a one step at a time approach would be most effective. He suggested adding Dallas Gray and Bill Harker to the existing committee. Councilmember Lindemans suggested also adding Bob Taylor. He stated he would be in favor of this action if the members were appointed for a three month period, with the intent to increase the committee to 15 members. It was moved by Councilmember Birdsall, seconded by Councilmember Lindemane to refer this to staff to confirm availability of three additional committee members (Bob Taylor, Dallas Grey and Bill Harker), to serve with the existing two committee members for a period of six months and further to approve Planning Commission recommendations one through six as presented. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemarts, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS Mayor Parks called a recess at 8:20 PM. The meeting was reconvened at 8:30 PM. 7. Sister City program City Manager Aleshire recommended that if Council wishes to go ahead with a Sister City program, it appoint an Ad Hoc Committee Chairman and join the National Sister City Association. He stated a representative from this association lives in Anaheim and has offered to meet with the City Council. Mr. Aleshire cautioned Council, stating this program will require a great deal of effort and needs to be supported by members of the community to make it a success. 4~filmms\070:390 -?- 07/10/90 - City Council Minutes July 3. 1990 Councilmember Birdsall moved, Councilmember Lindemans seconded a motion to appoint Councilmembers Birdsall and Lindemans to serve as an Ad Hoc Committee to form a Sister City Committee. This Committee is to be composed of representatives of service organizations within the community who will report to the City Council at a future date. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemarts, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 8. General Services Agreement with County of Riverside City Manager Aleshire reported this is an agreement with the County to provide services not provided for in specific agreements. These extra services would only be performed at the request of the City. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to authorize the Mayor to enter into an agreement with the County of Riverside to provide General Services as required by the City. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None o Agreement to Provide Street Maintenance Services in the City of Temecula City Manager Aleshire recommended that Council approve an agreement with Riverside County Road Department for street maintenance services. He stated the 1990-91 City budget provides $240,000 for routine maintenance. He said the County Road Department would perform services as requested by the City at a cost negotiated with the County which is less than is charged by private road maintenance companies. 4~f~lSm~,O70~gO -8- 07/10/90 City Council Minutes July 3, 1990 Councilmember Birdsall moved, Councilmember Lindemans seconded a motion to authorize the Mayor to enter into an agreement with the County of Riverside to provide street maintenance services in the City for one year. The motion was unanimously carried. 10. &=aeptance of Deeds for $am Hioks Park City Manager Aleshire reported staff has two recommendations. One is to accept the deeds for Sam Hicks Park that have been offered to the City by The Sam Hicks Park Foundation. Recommendation two is to direct the City Attorney to prepare a lease for the Old Town Temecula Foundation to build a museum in Sam Hicks Park. Mr. Aleshire listed several conditions for dedication of this Park, including preserving the monument and the name "Sam Hicks Monument Park". He stated that the Council would only be committed to share the cost of the street improvements and the park improvements the County has proposed in their CDBG project. He said the County is having some financing problems and this project may be delayed. City Manager Aleshire said the other issue involved is the Museum. He suggested finding out what kind of commitment would be required of the City. Councilmember Mu5oz asked if the Council accepts Sam Hicks Park, would it be subject to the conditions and the lease that are attached. City Manager Aleshire stated there is an expectancy that this would be done, but it is not a legal condition of title. He said once the City takes over, it is responsible for the maintenance and operation of the Park, which has been allocated in the CSD Budget. Mayor Parks asked if the City has budgeted funds for maintenance and operation of the proposed museum. Mr. Aleshire stated no funds have been allocated for maintenance of a museum, and the agreement is for maintenance of the park only. He said there is an existing lease agreement on the property that the City would be accepting. Councilmember Lindemansquestioned whether adequate parking is available. Mr. Aleshire reported no large parking lot is planned, however for a three acre site parking should be sufficient. He also asked if the City would be responsible for maintenance of a park, or maintenance of a park, a museum and funding for the building of a museum. 4 ~Millm~O'703~O .~. 0'7110190 City Council Minutes Julv 3. 1990 Nancy Maurice, P.O. Box 573, representing Sam Hicks Park Foundation, stated the Foundation is not asking the City to build or maintain the museum. The Foundation is asking the City to honor the lease between the Old Town Temecula Foundation and the Sam Hicks Park Foundation which has been agreed to in the past. Mayor Parks asked if the 10,000 square foot museum building would have ample parking. Mrs. Maurice stated the building size should be corrected to a 3,000 square foot building. Mayor Parks asked if there is ample parking to support a 3,000 square foot building and there is ample parking. Mayor Parks stated his concern over approving a project without properly addressing all the codes and regulations of the City. Mrs. Maurice stated Mr. Tobin spent considerable time with the Planning Commission in the discussions before getting the permits to move the church. City Attorney Fields stated the lease provides that the City would approve the construction and operation of the museum. Councilmember Muhoz asked the total square footage of both the church and the museum. Mrs. Maurice responded a 4,500 maximum. Councilmember Muhoz asked if there is a timetable to complete construction of the museum. Mrs. Maurice said groundbreaking is scheduled for one year from now. Councilmember Muhoz asked if it is necessary to have a 40 year lease with an option for 40 additional years, or whether this is negotiable. Mrs. Maurice stated this is negotiable. Councilmember Muhoz also questioned the fixed insurance figure, and asked if this could be increased over time to adequately cover the City. She stated there are several areas worthy of negotiation. Mayor Parks stated the agreement provides that the monument cannot be moved. He said he is concerned that the City would be prohibited from moving the park and monument to a larger area at a later date if necessary. City Manager Aleshire stated there is a reverter clause in the agreement stating if this land ceased to be used a park, the land would revert to the original owner. Evelyn Harker, President of the Board, stated it is the intent of the Sam Hicks Monument Board that should the City ever wish to sell the land for a profit the Board would want the land back. She stated it is the desires of the Board to insure this land always remains a park for public use. It was moved by Councilmember Mu~oz, seconded byCouncilmember Lindemans to refer this matter to staff. 4~dlnu~70390 -10- 07/10/90 City Council Minutes July 3. 1990 Councilmember Birdsall stated Council needs to give staff specific instructions on what needs to be done. She said the City has been hoping to get this deed and that CSA-143 has been maintaining this park for over a year. and now Council is not going to accept the deeds. The Council needs to expedite the deed transfer to assure the Park is being handled in an orderly manner. Mayor Parks said he agrees that the City is the best agency to maintain and protect this park, however, he expressed reservations about accepting a deed with so many restrictions. He spoke in favor of a letter of intent, instead of a binding contract and stated the City Attorney needs to redraw the lease. He also said the reverter clause needs to be researched. City Manager Aleshire stated it is his feeling that it is in the best interest to all parties for the City to take over and manage the Sam Hicks Park, with the following needed clarifications: 1. Clear up the question of the reverter clause. Work out the museum lease in greater detail, changing the square footage from 10,000 to 3,000. Address the matter of maintenance of the park and museum, including public restrooms. 4. Look at the parking requirement issues. e Consider if a letter of intent could be used for this park dedication. 6. Review the museum building design. Look at the Old Town District as a whole. Consider this park as more of a historical place to preserve for the future. This needs to fit into the Old Town Plan and the Master Park and Recreation Plan. Councilmember Muhoz suggested added escalating insurance to these considerations, and also considering the possibility of a cut-off date if the museum is not built, allowing the land to be used for other park functions. 4~finuteo~070390 - 11- 07/10/90 City Council Minutes July 3. 1990 The following conditions were added to the motion as follows.. It was moved byCouncilmember Mu~oz, seconded byCouncilmember Lindemans to refer this matter to staff and return the matter on July 24, 1990. The motion was carried by the following vote: AYES.' 4 COUNCILMEMBERS .' Birdsa 11, Linderoans, NOES: 0 ABSENT: 0 ABSTAIN: 1 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Mu5oz, Parks None None Moore CITY M~AGER REPORTS City Manager Aleshire reported on the street vendor matter, stating a response has been made by the Sheriff's Department on specific complaints. He said if complaints are filed, they will be acted upon. Mr. Aleshire stated the parking situation at the Moraga Plaza has been looked into by Willdan and a detailed report is forthcoming. CITY ATTORNEY REPORTS City Attorney Fields requested that an Executive Session be placed on the agenda of the meeting of July 10, 1990 for the purpose of discussing property acquisition. CITY COUNCIL REPORTS Councilmember Moore requested that staff investigate the status of a 20 acre parcel (a portion of the Sports Park) which is being held in trust by the County Board of Supervisors. Councilmember Mufioz asked staff to look into possible over-watering of the Sports Park. Councilmember Lindemans requested the following: That staff consider an offer of donation of an office trailer from Taylor-Woodward Company and make any recommendations they might have. Asked staff to look into changes to the existing purchasing procedures. 4~lUtm~070390 -12- 07110/90 City Council Minutes Julv 3. 1990 Requested a full report on the procedures followed by staff in the purchase of a copier for the City. Mayor Parks directed staff to look into the County's policies on installation of roads. He specifically asked that the City not allow the installation of new Class Three base new streets and roads. ADJOURNMENT Councilmember Mufioz moved, Councilmember Lindemans seconded a motion to adjourn at 9:25 PM. The motion was unanimously carried. ATTEST: Ronald J. Parks, Mayor June S. Greek, Deputy City Clerk 4Q4Jm~,~70~90 -13- 07/10/90 XTNUTE8 OF XN XDJOURNED NEETIN(~ OF THE TENECULX CITY COUNCTL HELD JULY 7, 1.990 An adjourned meeting of the Temecula City Council was called to order at 9:04 AM in the City of Temecula City Hall Annex, 43180 Business Park Drive, Temecula, California. Mayor Ron Parks presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore Mufioz, Parks ABSENT: 0 COUNCILMEMBERS: None Also present was Deputy City Clerk June S. Greek. PUBLIC COMMENTS No public comments were offered at this time. COUNCIL BUSINESS Mayor Parks announced that the purpose of this adjourned meeting is specifically to interview candidates for the City's Public Safety Commission. He discussed briefly the manner in which he would like to have the interviews conducted. Candidates were then interviewed in the following order: 2. 3. 4. 5. 6. 7. 8. 9. Ted Goudy Gregory Hosberg Frank Klein Ronald Knopp George Richards Kevin Ruddy Joe Schneider Jon Sowers Doug Worsley The City Council also considered the resume and application of James Ebben who was unable to attend the interviews. RECESS Mayor Parks declared a recess at 11:35 AM, reconvened at 11:40 PM the meeting was The Council took a straw vote ballot to determine if any clear choices were evident. NJmte ~90 - 1 - 07/09/90 -- City Council Minutes July 07. 1990 It was moved by Mayor Pro Tem Lindemarts, seconded by Councilmember Birdsall to appoint Ronald Knopp and Joseph Schneider who were selected unanimously on the first ballot. The motion was unanimously carried. It was moved by Councilmember Birdsall, seconded by Mayor Pro Tem Lindemans to eliminate from further consideration candidates who did not receive any votes in the first round of balloting. The motion was unanimously carried. Following discussion of the remaining candidates, the Council cast a second ballot. It was moved byCouncilmember Lindemans, seconded by Councilmember Birdsall to appoint candidates Ted Goudy and Frank Klein. The motion was unanimously carried. It was moved by Councilmember Mu5oz, seconded by Mayor Pro Tem Lindemans to appoint Kevin Ruddy as the fifth member of the Public Safety Commission. The motion was unanimously carried. CITY COUNCIL RRPORTS Mayor Parks asked Councilmember Mu~oz to notify the candidates for Public Safety Commission of the Council's action. ADJOURNMENT It was moved by Councilmember Moore, seconded by Councilmember Lindemans to adjourn at 12:06 PM to the next meeting to be held on July 10, 1990, at 7:00 PM in the Temecula Community Center, 28061 Pujol Street, Temecula. The motion was unanimously carried. ATTEST: RONALD J. PARKS, MAYOR F. D. ALESHIRE, CITY CLERK #fnute~ T~7~90 -Z- 07'/09/90 MINUTEB OF A REGUL3~MEETING OF THE TEMECULXCITY COUNCIL HELD OULY 10, 1990 An Executive Session of the Temecula City Council was called to order at 6:38 PM at the Temecula Community Center, 28816 Pujol Street, Temecula, California. Mayor Ron Parks presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Lindemarts, Moore, Mufioz, Parks ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David Dixon, City Attorney Scott F. Field, and Deputy City Clerk June S. Greek. City Attorney Scott Field announced that the purpose of this closed session was to discuss purchase of real property located at 43172 Business Park Drive and pursuant to Government Code Section 54956.9(a) to discuss pending litigation in the matter of Jones Intercable rs. the City of Temecula. The executive session was adjourned at 7:04 PM. The regular meeting was called to order at 7:10 PM with all members present. INVOCATION The invocation was given by Pastor T. J. Mercer, Rancho Community Church. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Birdsall. PRESENTATIONS/ PROCLAMATIONS Mayor Parks presented Doug Davies, Chairman of the Seventh Annual Balloon and Wine Festival, with a certificate of appreciation and expressed his thanks for an outstanding job. Councilmember Mufioz introduced the newly appointed traffic controllers and thanked them for their efforts in relieving traffic congestion at the freeway overpasses. He also introduced Ron Farwell of All city Management. Mr. Farwell thanked the community for their support of this program, and pledged continued effort in controlling the City's traffic problems. #inutes\1\9\90 - 1 - 07/18/90 City Council Minutes July 10. 1990 Judy Rosen, President of C.A.R.E. (Coalition For A Reasonable Environment), presented the City with a check for $4,500 to aid in the funding of the overpass traffic directing program. P~BLIC COMMENTS Larry Murphy, 30326 Calle Hallcon, requested that the invocations be no longer than the flag salute, 31 words. Bill Harker, 21130 General Kearny Road, member of the Old Town Committee, reported the first meeting of this committee was held July 9, 1990. He explained the minute Item No. 4, Construction of Curbs, Gutters and Sidewalks on Main Street and he asked Council to keep the Old Town District consistent by requiring black asphalt curbs, gutters and sidewalks. Edward Doran, 39985 Stamos, stated he read a newspaper article reporting that 120 acres of park land had been identified, but most of this park area would be private. He asked whether this satisfied Quimby Act. He said as a father of two, he is concerned there are no parks available for his children's use. Bob Newsom, 29760 Rancho California Road, stressed the problem with parking in the Moraga Center and asked Council to issue a moratorium on further building in this center until parking requirements are met. CONSENT CALEND/~R It was moved by Councilmember Birdsall, seconded by Councilmember Moore to approve Consent Calendar Items 1-9. Councilmember Lindemans requested the minutes reflect his no vote on Item No. 8. The motion carried as follows: 1. Minutes 1.1 Approved the minutes of June 26, 1990 as corrected. 1.2 Approved the minutes of June 30, 1990 as mailed. Nir~t~\1\9\90 -2- 07/19/90 City Council Minutes July 10. 1990 me e ® Rosolution Authorizing Examination of Sales and Use Tax Records 2.1 Adopted a resolution entitled: RESOLUTION NO. 90-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING EXAMINATION OF S/%LES AND USE TAX RECORDS Resolution Appointing The City Manager 3.1 Adopted a resolution entitled: RESOLUTION NO. 90-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING THE CITY MANAGER Resolution Appoint the City Treasurer 4.1 Adopted a resolution entitled: RESOLUTION NO. 90-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING THE CITY TREASURER Resolution ADpointina the City Clerk 5.1 Adopted a resolution entitled: RESOLUTION NO. 90-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TBMECULA APPOINTING THE CITY CLERK Seoond Readina of Ordinance Bstablishing a Personnel system 6.1 Adopted and read by title only an ordinance entitled: ORDINANCE NO. 90-10 AN ORDINANCE OF THB CITY COUNCIL OF THE CITY OF TBMECULA ADDING C~APTER 2.60 TO THE TEMBCULA MUNICIPAL CODE ESTABLISHING A PERSONNEL SYSTEM ENTITLED ~ePBRSONNEL BYBTEM" Ni hutch\l\9\90 -3- 07/18/90 City Council Minutes July 10. 1990 ® ® Street Name Chance - Kathleen Way to Ridge Park Drive 7.1 Continue to the meeting of July 24, 1990. Appropriate Funds for Purchase of City Manager's Vehicle 8.1 Authorize budget appropriation of $20,500 for the purpose of purchasing a vehicle for the use of the City Manager from account no. 001-160-42-5608, said funds to be transferred from reserve for Contingency (account no. OOl-9O5) The motion was carried by the following vote: NOES: 1 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Mufioz Parks Lindemans None Resolution approving Pa~rment of Demands 9.1 Adopted a resolution entitled: RESOLUTION NO. 90-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN ~IBIT A. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 Birdsall, Lindemans, Moore, Muff.z, Parks COUNCILMEMBERS: None COUNCILMEMBERS: None P~BLIC HEARINGS 10. Weed Abatement Program City Manager Dixon reported this staff report will be handled by the County Fire Department and introduced Paul Smith to answer any questions from the Council. Ninutes\1\9\90 -4- 07/18/90 -- Citv Council Minutes July 10. 1990 Mayor Parks opened the public hearing at 7:40 PM. Mayor Parks asked if it is a procedural matter that a public hearing be held on this issue. Mr. Smith stated this is the case and property owners involved have been notified of the public hearing. Having no requests to speak, Mayor Parks closed the public hearing at 7:41 PM. Councilmember Birdsall moved, Councilmember Moore seconded a motion to direct staff to proceed with abatement procedures pursuant to the provisions adopted in Resolution 90-55. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Muhoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None COUNCIL BUSINESS 11. Becon4 Extension of Time - Tentative Parcel Map 21383 Gary Thornhill, Principal Planner, stated this is a request for a second extension of time on Tentative Parcel Map 21383. He said this item came before the Council on June 26, 1990, and discussions were held regarding the amount of proposed grading for this site. The intention of staff was to resolve these concerns and come back to the Council with a receive and file recommendation, however the problems have not been resolved and the recommendation of staff is to set this item for public hearing on July 24, 1990. Mayor Parks stated the applicant has requested that the Council approve this issue tonight and submitted a letter to the Council offering to enter into a development agreement with the City addressing the concerns of the Planning Department. Mr. Thornhill said he felt this is not the best method to handle this situation, stating staff may be able to simply condition the map. Mayor Parks said the map was approved by the County on March 24, 1987, and he understands the developer is experiencing a #f nutes\l\9\90 - 5- 07/18/90 City Council Minutes July 10. 1990 hardship due to the length of time it has taken to process this project. City Attorney Fields recommended the best way to handle this issue is to set for public hearing so all the issues can be addressed and at that time, if the Council feels it is appropriate, the extension of time could be conditioned. He said his concern with approving the extension tonight would be the exclusion of other interested third parties. Councilmember Moore said it is her understanding that public hearings have been held on this issue by the County. City Attorney Fields stated hearings have been held, but only on the original map. Councilmember Birdsall said the developer is agreeing to the conditions the Council has asked for, and she does not feel there is a need for another pubic hearing. Councilmember Lindemans objected to the grading planned for this project, requesting that the City take a stand on the amount of excavation, permitted on the hillsides. He asked about phasing maps and who would be responsible for landscaping. Councilmember Moore moved, Councilmember Birdsall seconded a motion to approve a second extension of time and require the owner to enter into a development agreement as set forth in a letter dated July 5, 1990. Councilmember Mufioz asked that the matter be set for public hearing as recommended by staff. Councilmember Lindemans requested referring this to the Planning Commission for public hearing. He said the City needs a master plan before damage done by projects such as this is irreversible. Gary Thornhill reported that in the event the Council wishes approve this second extension of time, further conditions have been suggested by staff. He said the conditions outlined in the letter from the developer were tightened, and the developer is in agreement with the modifications. He provided the Council with an additional staff report outlining the suggested changes. Mayor Parks stated that the developer has agreed to be responsive to the City's conditions and stated that further delay of this project, causes a great hardship on the Plinutes\l\9\90 -6- 07/18/90 City Council Minutes July 10. 1990 developer. He stressed this project, with the agreed conditions, is in the best interest of the citizens of Temecula. Councilmember Lindemans questioned who would be responsible for landscaping of this project. Mayor Parks answered that before a grading permit is granted, bonding must be done for landscaping. City Manager Dixon stated the issue tonight is a second extension of time, not a final approval. He said the Planning Department would have time to review the conditions proposed and make changes if necessary. The final approval will still come before the Council. Councilmember Mufioz stated if staff recommends a public hearing, he believes this is the best course of action. The motion was amended by Councilmember Moore, and the second by Councilmember Birdsall as follows: Approve second extension of time on Tentative Parcel Map 21383, require the developer to enter into an agreement incorporating the standards and conditions set forth in the supplemental staff report, and direct staff to submit this developers agreement to the City Council concurrent with the final map. The motion was carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Birdsall, Moore, Parks NOES: 2 COUNCILMEMBERS: Lindemans, Mufioz ABSENT: 0 COUNCILMEMBERS: None RECESS Mayor Parks called a recess at 8:20 PM. The meeting was reconvened, following the CSD meeting at 9:00 PM. 12. Tract 23304 (Club Valencia) - Final MaD Traffic Study Doug Stewart, Deputy City Engineer, reported this subdivision was originally approved by the County of Riverside Board of Directors on May 10, 1988. The project has recently been extended 60 days, awaiting City approval. The 60 days runs out tonight. He explained this tract was originally approved as a condominiumproject, and has been changed to an apartment complex. #inures\l\9\90 -7- 07/18/90 - citv Council Minutes July 10. 1990 Tom Sorrentino, representing Willdan presented the Traffic Report. He stated the purpose of this study was to review and document traffic conditions and recommend improvements. The categories addressed are as follows: Left turn movements into the project, left turn movements out of the project, driveway access points on Rancho California Road and Deposit of funds in a Road Benefit Fund. Mr. Sorrentino reported the proposed traffic volumes generated by the proposed development amount to approximately 7% of the total traffic volume at the intersection of Moraga Road and Rancho California Road during the PM peak period. He recommended the following mitigation procedures: 1. The applicant pay $4,500 toward the cost of striping and signing Rancho California Road between Moraga Road and Cosmic Drive. 2. No building permits shall be issued to the applicant prior to the construction of Rancho California Road to its standard half width from Moraga Road to Cosmic Drive. 3. At the time that a Certificate of Occupancy is issued, the applicant is required to deposit an amount of $10,000.00 to a newly approved City "Road Benefit Fund". 4. Road Department Condition No. 5 shall be modified to read: "Prior to issuance of Building Permits, Rancho California Road shall be improved with concrete curb and gutter located 43 feet from centerline and match up asphalt concrete paving; reconstruction or resurfacing of existing paving as determined by the Road Commissioner within a 545 foot half width dedicated right of way in accordance with County Standard No. 100." 5. Prior to issuance of building permits, a raised median island with left turn pockets will be constructed on Rancho California Road in accordance with County Standard 100 and Additional Condition No. 1. Mr. Sorrentino further listed on-site improvements and conditions as reported in the staff report. Doug Steward, recommended the following course of action: 1. Consider the results of the Traffic and Drainage Study authorized on June 15, 1990. 14inutes\1\9\90 -8- 07/18/~0 City Council Minutes July 10. 1990 2. Approve the findings contained in the staff report and set additional Conditions of Approval for Tract 23304. 3. Approve an agreement between IDM Corporation and the City of Temecula for storm drain easements across the tract. 4. Approve Tract 23304 subject to the attached revised conditions of approval. Councilmember Lindemans presented Council with a letter from Temecula Valley Unified School listing area development schedules. He stated this project will put a great strain on the adjacent school, stating it is close to capacity now and suggested putting these projects on hold until such time as these issues could be worked out. He distributed a letter from Dr. Patricia B. Novotney, Superintendent of Temecula Valley Unified School District stating the School District does not support the approval of additional high density housing in the absence of the ability to make an overall analysis, based on a master plan for the City. Mayor Parks asked staff what the status on the approved agreement with Bedford Properties to widen Rancho California Road. Doug Stewart reported that the plans are 95% complete, and construction should begin within the next few months. Mayor Parks asked if it is the recommendation of the traffic study to have raised medians and if the development can be conditioned to install the median on adjacent property. Doug Stewart stated it is up to the City to set standards. City Manager Dixon reported the purpose of the raised median is to prohibit cross traffic. Mayor Parks asked if the drainage issue has been resolved. Doug Stewart answered it has. Mr. Stewart introduced Steve Nicholson, IDM Corp. representing the developer. Mr. Nicholson stated the traffic report does not call for a raised median. He said he met with the traffic engineer and discussed alternate solutions. He said with proper stacking (120 feet), the requirement for a controlled entry was deemed unnecessary. Councilmember Mufioz asked if IDM is willing to install the raised median. Mr. Nicholson stated IDM is willing to install its half of the median. Mr. Nicholson requested conditions be 14inuCes\1\9\90 -9- 07/18/90 -- City Council Minutes July 10. 1990 changed to require improvements be done before occupancy, rather than prior to obtaining building permits. He stated road work would begin immediately, but this would allow road work to be concurrent with project construction. He also stated school mitigation fees are estimated at 1/2 million dollars. James Marple, 28541 Via Princesa, expressed his concern regarding urban run-off. He stated Murrietta High is installing equipment to recharge water. This will represent a savings of the yearly water usage of approximately 350 families. He stated in the future the EPA may mandate this equipment be installed, and asked Council to condition large projects to utilize and recharge water. Mayor Parks called a one minute break at 9:35 PM. The meeting was reconvened at 9:36 PM. Jim Allman, 43954 Gatewood Way, asked Council to examine their focus on Items 11 and 12. He said he disapproved of the power struggle within the Council and asked them to make decisions based on logic and a general plan. Doug Stewart reported to the Council the rules for newly incorporated cities in the approval of new and tentative maps. When any tentative map has been approved by the Board of Supervisors, the newly incorporated City shall approve the final map if it meets all conditions. When a vesting tentative map has been approved by the County Board of Supervisors, the City shall approve the final map. He reported there are only two exceptions: 1. Health or safety risks. 2. Conflict with State or Federal Law. Councilmember Mu5oz brought up two concerns. First, he stated the map was approved as a condominium, and the changing to an apartment complex greatly changes the impact on the community. He stated his opposition to these kinds of changes. Second, he expressed the community has asked that no additional apartments in this area be permitted. He also questioned changing the conditions on this project, i.e. (putting in improvements prior to issuance of a building permit). For these reasons, he stated his opposition to approval of this project. Councilmember Lindemans requested that the Council address the school issue, by not allowing this project to be changed from N ? nutu\l \9\90 - 10- 07/18/90 -- City Council Minutes July 10. 1990 condominiums. He stated a delay would at least buy time for the school district to plan for extra students. Councilmember Lindemans moved to put a moratorium on apartments for six months. City Attorney Fields stated this is not on the agenda and cannot be heard. Councilmember Lindemans withdrew his motion. Councilmember Lindemans moved, Councilmember Mufioz seconded a motion to direct staff to prepare a report on a six month apartment moratorium for the City of Temecula. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz NOES: i COUNCILMEMBERS: Parks ABSENT: 0 COUNCILMEMBERS: None Councilmember Birdsall stated this does not have any bearing on the current project before Council. City Attorney Fields stressed to the Council that there is a significant problem with adding conditions to a project on the basis of schools. It was moved byCouncilmember Moore, seconded by Councilmember Birdsall to approve the final tract map subject to the conditions contained in the staff report with the following amendments: 1. Condition A-4 to read "Prior to issuance of certificates of occupancy", 2. Condition A-5 to read "Prior to issuance of certificates of occupancy", Condition A-3 to be modified to contain the same language used in Condition A-4 of the traffic engineers report. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Parks NOES: i COUNCILMEMBERS: Mu5oz ABSENT: 0 COUNCILMEMBERS: None #inures\l\9\90 - 11- 07/18/90 City Council Minutes July 10. 1990 13. Proposed Reloc&tion of the Space Systems Division City Manager Dixon introduced retired General Dick Burpee to give a presentation. General Burpee stated the Space Systems Division is presently located in E1 Segundo which is a very high cost area. He said the quality of life for personnel is not as high as in other parts of the country and it is difficult to attract high quality people to the LA area. The current facility has no expansion capabilities, which are expected to be necessary. There are four alternative locations to be analyzed for this project: March AFB, Riverside, CA, Vandenberg AFB, Lompoc, CA, Kirkland AFB, Albuguergue, NM, and Peterson AFB/Falcon Air Base, Colorado Springs, CO. General Burpee stated it would be very advantageous to the residents of Temecula to have this clean industry in Riverside County, providing many jobs. General Burpee explained that if it is the desire of the City to have this facility located at March AFB, a strong community and Council support at the Federal and State level should be shown by adopting a Resolution in support of the relocation of the Space Systems Division to March AFB, and appropriation of $5,000 to Inland Empire Space Systems Division Relocation Group in support of this effort. City Manager Dixon recommended adoption of a resolution which will be brought back before the Council and appropriation of $5,000 in support of this effort. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to direct staff to prepare a resolution of support and appropriate $5,000 to be contributed to Inland Empire Space Systems Division Relocation Group in support of this effort. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 14. Curfew for Minors Ordinanoe City Manager Dixon introduced Captain Rick Sayre, Chief of Police to give the presentation. #~ nutes\l\9\90 - 12- 07/18/90 -' Citv Council Minutes Julv 10. 1990 15. Captain Sayre stated this ordinance was prepared to assist in law enforcement. The curfew would set restrictions for minors between the hours of 11:00 PM and 5:00 AM but stated there are exceptions to these restrictions. He stated minors may not be incarcerated and the first offense would result in a $50 fine. Sidney Vernon, 30268 Mersey Court, spoke in opposition to the ordinance. He questioned the wisdom of a curfew ordinance when there are no recreational programs available to the youth in the community. Mayor Parks asked if this ordinance is necessary to properly enforce problems the City now faces. Captain Sayre stated there must be a reason for contact. This ordinance, along with the existing trespassing and alcohol possession laws should be sufficient to resolve property owners' concerns. Councilmember Lindemans expressed support of this ordinance, stating it would take care of the loitering problem, and also suggested working to have programs available to the youth. Councilmember Lindemans moved, Councilmember Birdsall seconded a motion to waive further reading, read by title only and introduce an ordinance entitled: ORDINANCE NO. 90-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 11.10 TO THE TEMECULA MUNICIPAL CODE PERTAINING TO THE ESTABLISHMENT OF A CURFEW FOR MINORS. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Cable Television Franchise Or4inance City Manager Dixon introduced Joe Hreha, Information Systems to give a presentation. Manager of Mr. Hreha reported that on May 15, 1990, the City Council received and filed the Cable TV report and directed the City Manager to hire a Cable Television consultant to draft a new # i nutes\l\9\~O - 13- 07/18/~0 City Council Minutes July 10. 1990 City Cable Television Ordinance. Pilnick to give a presentation. Mr. Hreha introduced Carl Mr. Pilnick of Telecommunications Management Corporation, stated the original County Franchise had few requirements of cable companies and many changes have occurred since the adoption of the County franchise procedures. He said the objective of the proposed ordinance is to allow the City to regulate to the extent the State and Federal law allows. The proposed ordinance is a 70 page document and reflects the newest information available. Mr. Pilnick said this ordinance would be applicable to any new franchise. He suggested negotiating the existing franchise to make it more comparable to the new ordinance. Councilmember Lindemans asked if an applicant can be screened before the issuance of a license. Mr. Pilnick said they may be screened up to a certain point, however, a number of cases are going through the courts now, in an effort to reduce the amount of regulatory control. Mayor Parks called a one minute break at 10:50 PM to change the tape. The meeting was reconvened at 10:51 PM. Mayor Parks asked City Attorney Fields if he had the opportunity to review this ordinance. Mr. Fields said he has no problem with this ordinance. He stated a Chapter Number needs to be inserted in Page i of the Ordinance. (Chapter 9.10) It was moved by Councilmember Birdsall, seconded by Councilmember Moore to waive further reading, read by title only and introduce an Ordinance entitled: ORDINANCE NO. 90-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA GOVERNING CABLE TELEVISION FRANCHISES HEREINAFTER GRANTED BY THE CITY OF TEMECULA. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Muhoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None #inures\l\9\90 - 1~- 07/18/90 City Council Minutes July 10. 1990 16. Division of Decision-making &uthoritv for Land Use Applications City Attorney Fields reported a letter was included in the packet outlining the different types of planning permits. He discussed several options open to the City Council regarding who would approve these permits. These options are as follows: That the Planning Commission be authorized to hear and approve, conditionally approve, or disapprove all subdivision and development applications, with right of appeal to the City Council; That the Planning Commission act as an advisory agency only and be authorized to make recommendations to the City Council for approval, conditional approval, or disapproval; That there be a mix whereby the Planning Commission is authorized to hear and approve subdivision and development projects which are limited in scope or size. That the Planning Commission have the authority to approve, conditionally approve, or disapprove maps with an appeal process to the City Council set forth in option number 1, but with the addition that any Councilmember may appeal the decision by the Planning Commission without payment of any fee for the appeal. City Attorney Fields stated these are the four basic options open to the Council. Councilmember Lindemans stated he would like to refer this matter to City Manager Dixon to see how other cities handle permits. He said at the present he liked the receive and file method, enabling Council to see projects before they are approved. City Attorney Fields stated there are problems with the receive and file option. He said this creates lag time, which is some cases is not consistent with State law requirements. He encouraged the Council to choose another system. Councilmember Mufioz said the Council has expressed an interest in applying option number two for a period of six to nine months. #inutes\l \9\90 - 15- 07/18/90 City Council Minutes July 10, 1990 Mayor Parks suggested trying option number four in which any Councilmember could appeal the decision of the Planning Commission for a six month period. City Manager Dixon suggested continuing this item off calendar to allow the City Manager to review and make recommendations to the Council. It was moved by Councilmember Lindemans, seconded by Councilmember Moore to continue off-calendar to allow City Manager's review and recommendations. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CITY NAL~AGER'S REPORT None given. CITY ATTORNEY REPORTS None given. CITY COUNCIL REPORTS Councilmember Moore congratulated the Town Association on the 4th of July Celebrations. Councilmember Lindemans requested the following: 1. Staff address the matter of standards for curbs and gutters for the Old Town Historic District immediately. 2. Staff look at the parking ratios at the Moraga Center to assure they are adequate for the planned uses. 3. Staff devise a policy dealing with street naming. 4. Staff look into the possibility of creating a "Blue Line" procedure for development on the hillsides. # f ~ut es \1\9\90 - 16- 07/18/90 City Council Minutes July 10. 1990 Councilmember Mu~oz requested that staff instruct the Planning Commission to meet more frequently to specifically address the City's General Plan. Mayor Parks instructed staff that requests from a single Councilmember did not represent the entire Council and therefore should not be treated as such. He suggested placing these requests on the agenda for discussion by the entire Council. ~DJOURNMENT Councilmember Lindemans moved, Councilmember Birdsall seconded a motion to adjourn at 11:15 PM. The motion was unanimously carried. RONALD J. PARKS, MAYOR ATTEST: JUNE S. GREEK, DEPUTY CITY CLERK # i flutes\l \9\~0 - 17- 07/18/90 CITY OF TEMECULA AGENDA REPORT AB# ~ TITLE= City Treasurer's Report for the DEPT HD ~-- MTG= 7/24/90 Month Ending June 30, 1990 CITY ATTY DEPT= Finance CITY MGR RECOMMENDATION= That the City Council receive and file the City Treasurer's report for the month ending June 30, 1990 DISCUSSION~ A report to the City Council regarding the City's investment portfolio i~ required as part of Government Code Section 53646. In addition, a report from the City Treasurer regarding receipts, disbursements and fund balance is required by Government Code Section 41004. The accompanying report for the month ending June 30, 1990 meets both of these Government Code requirements. FISCAL IMPACT= None ATTACHMENT= City Treasurer's Report for the Month Ending June 30, 1990 City of Temecula City Treasurer's Report For the Month Ending June 30, 1990 Cash Activity Beginning Balance, June 30, Cash Receipts - Revenues Cash Disbursements 1990 $1,042,099 466,185 (179,778) Cash and Investments as of June 30, 1990 $1,328,506 Cash and Investment Portfolio as of June 30, 1990 Institution Yield Maturity Balance Money Market Overland Bank Demand Deposits Overland Bank Petty Cash N/A Local Agency Investmt Fund State Treasurer Cash and Investments as of June 30, 1990 6.50% 4.75% N/A 8.52% N/A $138,573 N/A 9,583 N/A 350 N/A 1,180,000 $1,328,506 RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A. The City Council of the City of Temecula does resolve, determine and order as follows: SECTION 1. That the following claims and demands as set forth in Exhibit A have been audited by the City Manager and that the same are hereby allowed in the amount of $112,383.20. SECTION 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 24th day of July, 1990. ATTEST: Ronald J. Parks, Mayor June S. Greek, Deputy City Clerk [SEAL] 3/R~o~7 07/17/90 0 0 G ,-, L · 0 C © O' O' b,...., f'4 ~ L L · ,L. U U U1 m ~ m ~ C' .1'- r'** -0 ,4:1 t.) CO I?.J t'9 t.J ~ ~ I'.'J ' W Lq I-* tFI ?. IJJ F- ~ O-f L3 '"° "" "'""° *' '" ~" '":""-~ "" ~b~ 'r O' 0 '~ iO '0 ", 0 T I'~ ~ 0 ~ 0 ~ Zl '~ ~Z u' b.. ~U Ld U .J .J -J u ~ 0 I..- nC, WC, Z 1.9 J, Zl ©, 0 It ~ 0- o 0 C, b3 t.'~ CO 0 O. .0 O. I'.. 0 0 o $ g g g g g g g -I 0 i 0 0 m,m ~. ~ .J <~ r- -Z .C <~ i,~ hl h3 ha ~ 0 0 0 0 0 0 0 ~ 0 0 0 '0 0 ~J <~0- ~0 0 WO 0 0 I 0 0 0 o o o o ,~, ,S g c: 0 0 L · L U U ~1 U 01 n · n ¢., 0 o d ¢'4 ~ o g o d .~.: d C, ~, 0 C, 0 ~ O ~ 0 I-',-0 i-- I,- ~ U I'-0~ 0 Z J LU C~ ~l ZC. o ,~ o e'- .,--, 0 ..0 t"¢ Z n 0 bl .~ ,'r' LL U Ld Z m© LL tO ~0 CITY OF TEMECULA AGENDA REPORT AB#: 4 HTG: '7-z4-,~o DEPT :'~,:.,-.,,-~ ~ TITLE: SALES AND USE TAX ANAL YSlS AND REPORTING AGREEMENT OEPT HO " CITY A CITY HGR \ RECOMMENDATION 1) That the City Council approve the agreement to provide sales tax analysis and monthly sales tax reports. 2) That the City Council adopt a resolution authorizing access to sales and use tax records. DISCUSSION We have received two proposals for sales tax consulting services to provide sales tax revenue analysis and monthly sales tax reports. The most cost effective proposal is from Hinderliter, de Lamas and Associates. The firm serves eighty-nine cities including Dana Point and Moreno Valley. FISCAL IMPACT The fee for revenue analysis is 15% of new revenue. The monthly sales tax analysis is $300 per month. The FY-1991 budget includes $20,000 for Finance department consulting services. A TTA CHMENTS 1) Agreements for Sales Tax Audits and Information Services. 2) Resolution 90-70. AGREEMENT FOR SALES TAX AUDIT AND INFORMATION SERVICES This agreement is made and entered into as of the day of ,1990 by and between the CITY OF TEMECULA, a municipal corporation hereinafter called CITY, and HINDERLITER, DE LLAMAS AND ASSOCIATES a California Corporation, hereinafter called CONTRACTOR. RECITALS WHEREAS, sales tax revenues can be increased through: a system of continuous monitoring, identification and correction of "point of sale" allocation errors and; WHEREAS, an effective program of sales tax management will improve identification of sales tax opportunities as they relate to economic development and provide for more accurate sales tax forecasting; and WHEREAS, City desires the combination of data entry, report preparation, and data analysis necessary to effectively manage the municipal sales tax base and recover revenues erroneously allocated to other jurisdictions and allocation pools; and WHEREAS, Contractor has the programs, equipment and personnel required to deliver the sales tax services referenced herein; THEREFORE, City and Consultant, for the consideration hereinafter described, mutually agree as follows: SERVICES . The Contractor shall perform the following services: A. Sales tax and economic analysis 1. Contractor shall establish a special data base that identifies the name, address and quarterly allocations of the major sales tax producers within the City for the most current and previous four quarters from the date of this agreement. Major sales tax producers are defined as those businesses meeting a quarterly revenue threshold determined by City. Since 100% of the business outlets registered with the Board of Equalization are tracked monthly, this major producers data base is designed to highlight the activities of major businesses. A second data base covering the same period will be established showing total sales tax receipts for each business category identified by the Board of Equalization. These data bases will be utilized to generate special reports to the City on: major sales tax producers by rank and category, analysis of sales tax activity by category and business districts or redevelopment areas specified by City, analysis of reporting aberrations, and per capita and outlet comparisons with state wide sales. 2. Contractor shall provide up-dated reports each quarter identifying changes in sales by major outlets and by category; area growth and decline comparisons; and current graphics, tables, and top 100 listings. Quarterly aberrations due to State audits, fund transfers, and receivables along with late or double payments will be identified. 3. Contractor will additionally provide an analysis for the City or its Redevelopment Agency to share with Chambers of Commerce and other economic development interest 2 groups that analyze City's sales tax trends by major groups, and geographic areas without disclosing confidential information. 4. Contractor will provide annual reports for the Administrator and City Council identifying historical growth comparisons with state, county, selected city averages and C.P.I. indices; top producer listings and make up and volatility of the economic base. Annual reconciliation worksheets to assist Finance Officers with budget forecasting will also be provided. 5. Contractor shall make available to City Staff the HdL DATA computer program and data base containing sellers permit information for all in-city business outlets registered with the Board of Equalization. In addition, contractor shall process for City the monthly registration and allocation files provided by the Board in magnetic media. Printouts of registration changes and dollars allocated by business name and number will be provided from these files on a monthly basis. B. Allocation Audit and Recovery 1. Contractor shall conduct an initial and on-going sales tax audit in order to identify and correct "point-of-sale" distribution errors and thereby generate previously unrealized sales tax income for the City. Common errors that will be monitored and corrected include: transposition errors resulting in misallocations; erroneous consolidation of multiple outlets; misreporting of "point of sale" from the wrong location; delays in reporting new outlets; misidentifying transactions as a "use tax" rather than a "sales tax," and erroneous fund transfers and adjustments. 3 2. Contractor will initiate contacts with the appropriate sales management and accounting officials in companies that have businesses where a probability of error exists to verify whether current tax receipts accurately reflect the local sales activity. Such contracts will be conducted in a manner to encourage local business retention and expansion. 3. Contractor shall prepare and submit to the Board of Equalization all information necessary to correct any allocation errors that are identified and shall follow-up with the individual businesses and the State Board of Equalization to ensure that all back quarter payments due the City are recovered. 4. If during the course of its audit, Contractor finds businesses located in the City that are properly reporting sales tax but have the potential for modifying their operation to provide an even greater share to the City, Contractor will work with those businesses and the City to encourage such changes. C. On Going Consultation Contractor shall work with City and City Redevelopment Agency Staffs on questions related to tenant mix alternatives for maximum sales tax returns; advise City business license staff on utilization of reports to enhance business license collection efforts; provide sales tax projections on specific projects for redevelopment negotiation and city budget purposes; and provide sample reports, letters and programs to enhance the sales tax base through improved economic development efforts. 4 Section 7056 of the State of California Revenue and Taxation code spedfically limits the disclosure of confidential taxpayer information contained in the records of the State Board of Equalization. This section spedfled the conditions under which a City may authorize persons other than City officers and employees to examine State Sales and Use Tax records. The following conditions spedfled in Section 7056 (b), (1) of the State of California Revenue and Taxation Code are hereby made part of this contractual agreement. Contractor is authorized by this agreement to examine sales and use tax records of the Board of Equalization provided to City pursuant to contract under the Bradley-Burns Uniform Sales and Use Tax Law. Be Contractor is required to disclose information contained in, or derived from, those sales and use tax records only to an officer or employee of the City who is authorized by resolution to examine the information. Contractor is prohibited from performing consulting services for a retailer during the term of this agreement. Contractor is prohibited from retaining the information contained in, or derived from those sales and use tax records, after this agreement has expired. Information obtained by examination of board records shall be used only for purposes related to collection of local sales and use tax or for other governmental functions of the City as set forth by resolution adopted pursuant to Section 7056 (b) of the Revenue and taxation Code. The resolution shall designate the Contractor as a person, authorized to examine sales and use tax records and certify that this agreement meets the requirements set forth above and in Section 7056 (b), (1) of the Revenue and Taxation Code. CONSIDERATION Contractor shall establish the sales tax and audit data bases and shall provide the monthly and quarterly updates referenced above for a fee of $300.00 per month, invoiced quarterly. Bt Contractor shall be further paid 15% of all new Sales and/or Use tax revenue received by the City as a result of audit and recovery work performed by Contractor. Said percentage fee will apply to fund transfers received for back quarter reallocations and monies received in the first eight consecutive reporting quarters following completion of the audit by Contractor and confirmation of corrections by the State Board of Equalization. Contractor shall obtain City approval prior to beginning the work of correcting tax reporting methodology or "point of sale" for specific businesses where said payment of the percentage fee will be expected. Said approval shall be accomplished by the City Administrator or his designated representative on the Sales Tax Audit Authorization form, a copy of which is attached as MExhibit A." City shall pay audit fees upon Contractor's submittal of evidence of State Fund Transfers and payments to City from businesses identified in the audit and approved by the City. Above sum shall constitute full reimbursement to Contractor for all direct and indirect expenses incurred by Contractor in performing audits including the salaries of Contractor's employees, and travel expenses connected with contacting local and out-of- state businesses and Board of Equalization representatives. CITY MATERIALS AND SUPPORT City shall adopt a resolution in a form acceptable to the State Board of Equalization and in compliance with Section 7056 of the Revenue and taxation Code, authorizing Contractor to examine the confidential sales tax records of City. City further agrees to provide any information or assistance that may readily be available such as business within the City and copies of the monthly sales tax allocation reports received from the Board of Equalization. TERMINATION This agreement may be terminated by either party with 30 days written notice. Upon the presentation of such notice, Contractor may continue to work through the date of termination. Upon termination, Contractor shall be paid the value of all tax analysis and reporting work performed less payments previously made. Compensation for any audit work previously authorized and satisfactorily performed shall be made at the times provided in the preceding section entitled ~Consideration." All documents, data, surveys and reports prepared by Contractor pursuant to this agreement shall be considered the property of the City and upon payment for services performed by Contractor, such documents and other identified materials shall be delivered to City by Contractor. 7 INDEPENDENT CONTRACTOR Contractor shall perform the services hereunder as an independent contractor and shall furnish such services in his own manner and method, and under no circumstances or conditions shall any agent, servant, or employee of Contractor be considered as an employee of City. NON-ASSIGNMENT This Agreement is not assignable either in whole or in part by Contractor without the written coment of City. ATFORNEY'S FEES In the event a legal action is commenced to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. GOVERNING LAW The laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this agreement and shall also govern the interpretation of this agreement. INDEMNIFICATION Contractor hereby agrees to, and shall hold City, its elective and appointive boards officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for breach of confidentiality or property 8 damage which may arise from Contractor's negligent acts, errors or omissions under this Agreement. Contractor agrees to and shall defend City and its elective and appointive boards, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid negligent acts, errors or omissions. City hereby agrees to, and shall hold Contractor, its officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for breach of confidentiality or property damage which may arise from City's negligent acts, errors or omissions under this Agreement. City agrees to and shall defend Contractor and its officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid negligent acts, errors or omissions. NOTICE All notices required by this Agreement shall be given to City and Contractor in writing, by first class mail postage prepaid, addressed as follows: City: CITY OF TEMECUI~ P.O. Box 3000 Temecula, California 92390 Contractor: HINDERLITER, DE !.I.AMAS, & ASSOCIATES 150 West First Street, Suite 280 Claremont, California 91711-4139 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf. CITY: CITY OF TEMECUI~ Mayor City Clerk CONTRACTOR: HINDERLITER, DE LLAMAS & ASSOCIATES A California Corporation APPROVED AS TO FORM: City Attorney lo SAMPLE SAMPLE EXHIBIT A Sales Tax Audit Work Authorization No. The following business or businesses, located in the City of , have been identified as having the potential for generating additional sales tax revenue to the City of · Contractor is hereby authorized to contact the given business(s) and the State Board of Equalization to verify the accuracy of the current reporting methodology and obtain the necessary documentation for the Board of Equalization, to modify allocation formulas, and to return previous misallocated revenue that may be due to City. Contractor's compensation shall be 15% of the incremental growth generated by the above business (and/or businesses) for the first eight quarters following completion of work, plus any recovered back quarters. The base shall be the average of the last four quarters of revenue received from the business, if any, less any amounts determined by City or Contractor to be increment attributable to causes other than Contractor's work. Contractor shall provide City with an itemized quarterly invoice showing all formula calculations and amounts due. CITY OF Date HINDERI.JTER, DE I I AMAS AND ASSOCIATES Date 11 RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING ACCESS TO SALES AND USE TAX RECORDS PURSUANT TO REVENUE AND TAXATION CODE SECTION 7056 THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY RESOLVF_S AS FOLLOWS: Section 1. The following independent contractor for the City of Temecula is hereby also authorized to receive and review sales and use tax data received from the State Board of Equalization: Section 2. The City of Temecula hereby certifies that Hinderliter, de Llamas & Associates: A. Has a current confidentiality contract with the City to receive sales and use tax records; and B. Is required by that contract to disclose information contained in, or derived from, those sales and use tax records only to an officer or employee of the City who is authorized by this resolution to examine the information; and C. Is prohibited by that contract from performing consulting service for a retailer during the term of that contract; and D. Is prohibited by that contract from retaining the information contained in, or derived from those sales tax records, after that contract has expired. Section 4. Information obtained by examination of board of records shall be used only for purposes related to the collection of local sales and use taxes by the Board for municipal revenue forecasting and verification. Section 5. This resolution supersedes all previous authorizations. 4'~'~88 07117190 Section 6. The City Clerk shall certify to the adoption of this Resolution and send forward a certified copy to: State Board of Equalization 2014 'T' Street, Suite 220 Sacramento, CA 95814 Attention: Jim Munekawa Ronald J. Parks, Mayor ATTEST: June S. Greek, Deputy City Clerk 4~\88 07/17/90 CITY OF TEMECULA AGENDA REPORT MTG: 7-24-90 DEPT: C.C. TITLE: Claim for Damages - Harrison vs The city of Temecula HD DEPT ATTW CITY CITY MGR Prepared by June Greek, Deputy City Clerk RECOMMENDATION: Deny the Claim for Damages B~CKGROUND= The Claim for Damages filed on behalf of Nicholas Harrison, was received on June 21, 1990. Following established procedures, both the City Attorney and the Insurance Carrier have been provided with copies for their review. FISCAL IMPACT= Unknown pending final disposition. 4. 6. o o 10. 11. 12. 13. 14. ORIGINA L Harrison ~~S ~ ~~O~ ~~ ~ ~ YOU ~~ 'N~I~S ~~~TIONS Suite 505, ~verly Hills, ~ 90212, (213) 879-3221. DATE OF BIRTH OF ~: August 12, 1981 SOCIAL SECURITY NUMBER: 614-07-5716 WHEN DID BAMAGE OR INJURY OCCUR? April 18, 1990 at approx. 10:45 a.m. ~ DID D-w%~ OR INJURY OCCUR? Roadway/easement between La Serena Way and Del Rey Road, City of Temecula, County of Riverside, State of California. DESCRIBE IN DETAIL HOW DAMAGE OR INJURY OCCURRED: Claimant bicyclist struck by truck. Please see traffic collision report attached hereto as Exhibit "A." WERE T~R POLICE OR PARAMEDICS C~T.T.RD? Yes IF A PHYSICIAN WAS VISITED BECAUSE OF THIS INJURY STATE DATE, NAME ~D ADDRESS OF PHYSICIAN OF YOUR FIRSTVISIT: April 18, 1990 - health care providers/physicians at Riverside County General Hospital located at 9851 Magnolia, Riverside, California 92503. ~HY DO ~0~ ~ CITY IS RESPONSIBLE? Reasons include but are not limited to the following: negligent failure to supervise, maintain and control the premises where the incident occurred despite actual and constructive knowledge and notice of a dangerous condition existing upon the subject premises; premises liability; attractive nuisance. NAHES OF CITY EMPLOYEES (AND THEIR DEPAI~TNWNT) INVOL~D IN INJURY OR DAMAGE (IF APPLICABLE): Unascertained to date #~'£~SSES TO DAMAGE OR INJURY: PERSONS KNONNTOHAVE INFORMATION: attached hereto as Exhibit #A." LIST ~T~. PEI~BONS AND ADD~ESSES OF Please see traffic collision report LIST DAMAGESINCURREDTODATE: Injuries include but are not limited to: head injury, severely fractured femur requiring lengthy hospitalization and half-body cast, eye injury, facial lacerations with scarring and other personal injuries. TOTAL DAMAOES TO DATE: General damages, $1,000,000.00; TOTAL ESTIMATED PI~OSPECTIVE DAMAGES: Unascertained SI~HATUP~ OF Cr~TNqNT OR PERSON FILING ON HIS/HER R~T.~ GMNG RELATIONSHIP TO ~: Ted Harz'igon, father _~. ~, ~~ ~7//~ L0rle Harrison, mother DATED: ~; -/3 - ~;f) DATED: ~"-/ :IAFFIC COLLISION REPORT ' -' ,,- t ., 5 '"" """-'"' '-"----' '"' 90-04 0172 S M Ti~Z)T F S [~ 4 J ( IJltY. IlgliJ. &,All' t TRAFFIC COLLISION ~ODING '~- ~'~IQf{IETY . A. NC~ M VB4CLF, ¢. I,AP BELT U~.D )- LAP B~d,T NOT UI~D 4 S 6 7.$TA11ONWAGQNREAII F-SHQULoLqNARNEESIIOTUMD 4 · lIEAll OGC. TlY,. Oil VAN G · LAP I IH~JLDBI HARNESS USF. O · ? jI-OINEA ,a-PAJIWERESTRAMTUSEO I[. PAllIVE ~TT'_~_'_.'ff NOT UMO ~.FETY EQUIPMENT L. MI la~ I)(PLOTEO M. Am BAG NOT BIJI1.OYED N - OTHEH · o NOT IIEQUI/IED ~,41 I~ I~STI!A-frNT Q- Ill VF. JICt~ UIED m.m~NoT~ W- yES Y o l'rrJ APASI~3dGEII ~ I ITAT~Q~ WAGON ~ PAGIENGEJI ~ W 11RAILER IC MOTOdtCYCLE I I~00TE/I '~ iqcKuP Oil PANEL TRUCK E I"ICKUP / PANF. L 11tUCK W / TRA#.EA F TRu~K Gi~ TIIUCK T~ACTO~ i~ TRUC~ I TRUCK TILACTON W i TRUL I OTIS, BUS j rdd~nG~v K t4GNWAY CONST. IQUIPIdE HT ~iIJOTNLq N K~DEST mAN 123 EJECTED FROM VEHICLE I · IqJLL¥ EJECTED · - PAJIliA4.LY E.IECTEO Io UHKNOWN OTI41JI &&IOF. MTED FAC TOl14S) 4 MAAK t TO J I1~tll ) Bvc i(~, .... ~'~L&I~N: ~TIO ASTOrfED ~ IddUWeG RIGHT TU#N ¢~ MAIONO LEFT TURN · ' MdMUNG U TUrN ~l ILOWING S $TQI~qNG I PAB~NG OTHER IOI~11ETl' - Dll4JG ~eNVOLVES VENCLE ~ OTHEA': NON( APPAAe(T RUNAWAT VENGLE I IL~PY I FAlIGUED SPECIAL 01dFORMATION , A I~.AROOU$ Id&T f~iAL INJURED I WITNESSES / PASSL .,.aERS EXTENT OF iNJURY ( "X" ONE ) INJURED WAS ( "X" ONE ) s-/I ~ I~1~1 [] I 'idaho MUk~) T~d~d6f~?t ~ IV; o l [] i o !ololol o Iol i I I · M t O,o.I. t ~Oil~ 0 V:C'RId Of ~O,~h'T ClbMr hO'lV~O I~i i i I I~L~PGr ~ ~ ~,~'~TVE/SU PPLEM ENTA L '"' ~.-~-'~'K'~% I"i'~',.~ ,, O,~'=-- D-"" D-~'--'"~ D'~ 12. 13, D)4T & ~UJ4 U~q3&T[ 15. TWO :6. '3 ~'-' (Rev, 7-87) OPI 042 CITY OF TEMECULA AGENDA REPORT AB#: G TITLE: DEPT HD KrG: q.2.4-qo FINAL VESTING TRACT 23371-3 CITY ATiY DEPT :'I~-~. CITY #GR R~.,.,.,..,,dntion That the City Council APPROVE Tract 23371-3, subject to the attached Conditions of Approval. Di~:u~ion Tract 23371-3 was submitted to the Riverside County Planning Department on January 26, 1988 for processing and was approved by the Board of Supervisors on November 8, 1988, subject to the attached Conditions of Approval. The Office of the Road Commissioner and County Surveyor is recommending that the City Council approve the tract map as submitted. The tract is located east of Margarita Road, south of South General Kearney Road, and north of Rancho California Road. The tract contains 169 lots within 62.~7 gross acres. This tract is part of Margarita Village Specific Plan No. 199 and Development Agreement No. 5. The developer has posted the following bonds for this project: Improvement Faithful Performance Security Material 8 Labor Security Street and Drainage $ 2,067,500 $ 1,033,750 Water ~20,000 210,000 Sewer ~82,000 2t~1,000 Total $ 2,969,500 $ 1 , l~8/4,750 The following fees have been paid for this tract: Fee Amount RCFC Drainage Fee Signal Mitigation Fee Inspection Fees Fire Facilities Fees q3,380.12 2q,750.00 135,358.00 58,800.00 A rough grading permit for this tract was issued by Riverside County Road Department on January 16, 1990. Staff recommends that the City Council APPROVE Final Vesting Tract 23371-3, subject to the attached Conditions of Approval. OFFICE OF THE ROAD COMMISSIONER AND COUNTY SURVEYOR COUNTY OF RIVERSIDE Ivan F. Tennant Actin9 Road Commissioner County Administrative Center Mailing Address: PO Box 1090 Riverside, CA 92502 Telephone (714) 787-6554 June 29, 1990 SUBMITTAL TO FRANK ALESHIRE, CITY MANAGER OF THE CITY OF TF24ECULA Acting City Engineer for the City of Temecula Tract Map 23371-3 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. // 9 F. Tennant / ~cting City Engineer IFT:GAS:MSB:rdb The City of Temecula Re: Tract 23371-3 June 29, 1990 The developer wishes to enter into the following agreements to cover the improvements within this subdivision for: IMPROVEMENT OF STREETS (Bond No. 7900 532288) WATER DISTRIBUTION SYSTEM, (Water to be supplied by Rancho Water District) (Bond No. 7900 532288) SANITARY SEWER SYSTEM (Service to be provided by Eastern Municipal Water District) (Bond No. 7900 532288) SETTING OF LOT STAKES AND SUBDIVISION MONUMENTS (Bond No. 7900 532287) MATERIALS AND LABOR (Bond No. 7900 532288) in the amount of $2,969,500 is also attached. TRAFFIC SIGNAL MITIGATION (Bond No. 7900 532286) The above referenced bonds are issued by Allied Mutual Insurance Company. Also attached is Fire Agreement in the amount of $58,800. TAX BOND with rider No. 1159329 issued by Insurance Company of the West. 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. Lot "A" and the abutters rights of access along Rancho California Road and Lot "B" and the abutters rights of access along Margarita Road are dedicated to public use for street and public utility purposes and as part of the City Maintained Road System. 2. Lots #C" through "W" inclusive are retained as private streets. 3. Lots 166 through 170 inclusive are retained as private open spaces. 4. Drainage easements are dedicated to public use. bl ,7 ,--, i, ll ~ / · o o j, I '1 -1 Zoning Area: Rancho Calt¢ornta Vesttng Tentative Tract Nos.: 23371Amd. Supervtsortal District: Ftrst and No. 1, 23372 Amd. No. 1, 23373 ~d. No. 1 Thtrd Planntng Commission: 10-5-88 E.A. Nos: 32546, 32547, 32548 Agenda ]tam No.: 5-2, 5-3, and 5-4 Spectftc Plan Section " e ~IVERSIDE COURTT RdUINII~ DEPARll~IT .. ~J~F Applicant: Engineer: Type of Paquest: Nargartta Vtllage Daveloix~e~t Rtck Engineering Company The 3 tracts ~tll subdivide 472 acres tnto 1763 residential untts Location: East of Margarita Road, north of Rancho California Road £x.t. sit ng ZOntng: R-R (Change of Zone 5107 heard by the Board of ~pervtsors on 9-13-88 proposes ~ lgg /bnd. No. I zoning). Surrounding Zoning: Site Characteristics: Zoning to the north and west is R-4, A-2-20, R-R, R-15 Zoning to the south is R-R Vacant lmnd traversed with low hills Area Characteristics: Located on eastern edge of Rancho Cmllfornta community Comprehensive General Plmn Pancho Villages (General Plan Amendment No. 160 proposes a general plan ~estgnatton of ~pectftc Plan No. 19g ~mendment No. 1) 20. Land Division Data: Vesttng Tract Acreage 23371 L~d'. No. I 394 23372 Amd. 14o. I ,-.. 37, 23373 lVTId. No. I 31"* Units Density (Du/Ac) 1183 3 232 6 348 11 :11. ~9ency Recommendations: :23371 Amd. No. ! 23372 AinU. No. ! 23373 Amd. No..1 Road 9-22-88 3-22-88 9-22-88 Health 7-2 5-88 9-7-88 7-25-88 Flood 7-22-88 7-22-88 7-22-86 Ftre 8-17-88 8-17-88 8-17-88 Sheriff 6-10-88.. 6-10-88 6-10-88 12. Letters: None racetveal as of thts~ wrtttng 13. Sphere of Influence Influence .. Not wtthtn a Ctty sphere, ANAL~IS: Vesttrig Tentative Tract Nos. 23371Amd. NO. 1, 23372 Amd. No. I, and 23373 No. 1 Implement Vtllage as a planned ~ettrement community tn the 14argartta Vtllage Spectftc Plan (SP 199 Amd. No. 1) Spectftc Plan No. 199 Amendment No. .1, Change of Zone No. 5107, General Plan Amendment No. 160 and Development Agreement NO. 5 were heard by the Board of. Supervisors on September 13, 1968. These tracts have been destgned to be consistent with these documents. The table belo~ summarize the tracts' relationship and consistency wtth the Spectftc Plan's plannlng areas. As shown, none of the tracts exceed the pe~attted number of residential untts. COI4PARISON OF TRACT ~ SPECIFIC PLAN Dldl~LING UNITS Tract No. Proposed Spectftc Plan Permitted No. of Untts Area NO. of Untts TTT 23372 Amd. No. 1 vl'r 23372 Amd. No. 1 VTT 23373 Amd. No. 1 1183 33-37, 42-45 1197 232 41 234 348 38 348 A dest~h man~l h~s been prepared for all'three vesttng maps which provtdes guidelines for landscaping; ~1oor plans, elevations and zontng. Acoustical studtes have been proposed and v111 be Implemented as required by the cgndtttons of approval. Mitigation for potential tmpacts to Mr. Palomr are also tncluded tn the conditions of approval. Additional evaluation found no cultural resources onstte. Vesttag Tentative Tract 23371, Amended No. 1 tncludes an 18 hole golf course. As also requtred by the speclftc plan conditions, the tract has been conditioned to 1reprove the park tn Planning &tea 45. Zn conformance wtth the spectftc plan Vesttrig Tentative Tract 23372, Amended #o. I has been conditioned for litigation of tmpacts to the Stephens Kangaroo Rat. %t should be noted that the number of unlts for congregate care are on esttmate and wtll be revtewed at the development plan stage. Environmental assessments have" been prepared on all three tracts. Envtrommental tmpacts were assessed in EIR 107 and EIR 202 prepared for the Rancho Vtllage Spectftc Plan and the ~rgartta Vtllage Spectftc Plan. Additional environmental evaluation has been provided by the reports prepared for the specific plan amendment and the acoustical studtes prepared for the three tracts. No significant environmental tmpacts have been found. FTRDZNGS: 1. Vesttrig Tentative Tract NO. 23371 Amended No. 1,'23372 Amended No. 1, and* *' 23373 Amended No. I are located tn Vtllage A of the Margarita Vtllage Spectftc Plan. The three tracts will provtde 1763 dwelltrig units and golf course open spaR on 354 164 acres. (Amended by Plan~Ing Commission 10-5-88) Tract 23372 Amended No. I has been conditioned per the Specific Plan's condition of approval to mtttgate tmpacts to the Stephens Kangaroo Rat. 4. The tracts have been conditioned to comply with Spectftc Plan No. 199, Change of Zone No. 5107 and Development Agreement No. 5. 5. A~mtver for length to ~dth ratio will be ~eded fo Vesting Tentative Tract 23371 ~nded No. %, CONCLUSIONS: All environmental concerns have been addressed in EIRs :107, 202 and the initial studies for these tracts and' no significant impacts have been found. 2, The ,tracts are consistent with General Plan Amendment No. 150 Change of Zone No. ~107, and Specific Plan No. 199, Amendment No. 1. 3. Tb, e:,tract~? ~fom to the requirements of Ordinances 346 and 460. RECO~DIDATlOlIS ~- ADOPT]ON of R Negattve Declaration for EA Nos; 32546, 32547, 32548 on a finding tha~ the pro~ects will not have a significant effect on the environment. , APPROVAL of Vesting Tentative Tract Nos. 23371 Amended No. 1, 23372 Amended No. and 23373 Amended No. I subject to the attached conditions of approval. G:mcb:lp RIVERSIDE COUNTY PLANNING DEPARTM£NT SUBD~V~$ZON CONDITIONS OF APPROVAL VESTING TERTATIVE TRACT #0, 23371 AHENDED~Do 1 'STANDARD CONDITIONS The subdivider shall defend, Indemnify, and hold harmless the County of RtversJde, 1rs &gents, officerS, and employees from any clatm, action, or proceeding agatnst the County of Riverside or 1rs agents, officers, or e~_ployees to attack, set astde, votd, or annul an approval of the County of Riverside, 1rs advtsory agencies, appeal boards or legislative body concerning Vesttng Tentative Tract 23371 Amended No. ~I ~hlch actton ts brought about ~thtn the ttme pertod provtded for tn tfornta Government Code Sectton 66499.37. The County of Riverside wtll promptly nottry the subdivider of any such clatm, action, or proceeding agatnst the County of Riverside and w111 cooperate fully tn the defense. If the County fatls to pr.omptly nottry the subdivider of any such clatm, actton, or proceeding or fatls to cooperate fully tn the defense, the subdivider shall not, thereafter, be responsible to defend, Indemnify, or hold harmless the Count3, of Riverside. e The tentative subdfvtston sha~l comply ~th the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule A, unless modtfied by the condtttOhs 11sted below. e Thts condtt~onally approved tentative map wt11 exptre tv~ years after the County of RiversideBoard of Supervlsors approval date, unless extended as provided by Ordinance 460. The final mp shall be prepared by a 11censed land surveyor subject to all the requirements of the State of California Subdivision Map Act and Ordinance 460. The subdivider shall submtt one copy of a sotls report to the Riverside County Surveyor's Office and t~o copies to the Department of But.ldtng and Safety.. The report she11 address the sotls stability and geological conditions of the site. Z~~ any-'g~&~Jng ts .proposed, the subdivider shall submit one print of c_omp~henstve gradtrig t~an shall comply ~t'plan't° .the Department of Butldtng and Safety. The th the Untform Buildtrig Code, Chapter 70, as amended- O~dtnance 457 and as maybe additionally provided for tn .these conditions of approval. Conditions of Approval Tentmtive Tract No. ~3371 Mended No. 1 Page 2 7. A grading permit shall be obtatned from the DepartMnt of Butldtng and Safety prior to cmmmncement of any gradtrig outstde of county mtntatned road right of way. " 8. My delinquent property taxes shall be patd prior to recordation of the ftn&l ~p. 9. The subdivider shall comply with the street improvement recommendations outltned tn the Riverside County Road_Department's letter dated 9-30-88 a copy of which ts attached. [~mended by Planning Co~tsston 1o-s-m8) .. 10. Legal access is requtred by Ordinance 460 shall be provided from the tract map boundary to a County maintained road. ]1. All road easements shall be offered for dedication to the ,publtc and shall conttnue tn force unit1 the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved the Road Commissioner. Street names shall be subject to approval of e Road Commissioner. :12. Easements, ~en utilities, etc., within the land conveyances shmll Surveyor. required for .roadway slopes, drainage facilities, shall be shown on the final map if they are located division boundmry. All offers of dedication and be submitted and recorded as directed by the County 14mter and sewerage dtsposal facilities shmll be installed in mccordance ~tth the provisions set forth in the Riverside County Hemlth'Depmrbnent's attar dmted 7-25-88 m copy of which is attached. 14. 1S. The sdbdtvtder shall comply with the flood control recommndmttons outlined by the Riverside County Flood Control Dtstrtct's letter dated 7-22-88 m copy of whtch ts attached. Zf the land dtvtston lies within an adbpted flood control drainage area pursuant to Section 10.25 of .Ordinance 460, appropriate fees for the construction of &tea drainage facilities shall im collected by the Read Commissioner. eutltned In ~e ~unty Ft~e ~rsh~l's letter da~ed 8-17-88 a copy 1s attache. 16. Subdivision p~as~ng, ~cludt~) m~y prppo'sed. common open spmc~ area !mproyeme~t phasing, 1~ mppmlcmble, shall be subject to Planning ueparment approval. ~ny proposed phasing shall provide for adequate vehicular access to mll _lots in each phase, and shall substantially conform to the tntent and purpose of the subdivision approval. Conditions of Approval Tentative Tract #o. 23371 ~ended No. 1 Page 3 17. Lots created by this subdt'~tston shall comply with the foilwing: Corner lots and through lots, if any, shall be provtded wtth &ddttlonal area pursuant to Sectton 3.88 of Ordinance 460 and so as not to contatn less net area than the least ~nount of net area tn non-corner end through lots. Lots created by this subdivision shall be in conformance with the development standards of the Spectflc Plan No. 199 knendment No. ! zone. c. When lots are crossed by ma~or publtc uttltty easements, each lot shall have a net usable area of not less than 3,600 square feet, .~ exclusive of the uttltty easement. d: Graded but undeveloped land shall be maintained in a weed-free condition mnd shall be either planted with interim landscaping or ~rovtded with other erosion control measures as approved by the lrector of Building and Safety. e. Trash bins, loading areas-.and incidental storage areas shall be located away and visually screened from surrounding areas with the use of block walls and landscaping. 18. Prtor to RECORDATION of the final mmp the following conditions shall be satisfied: Prior to the recordation of the final map the applicant shall submit written clearances to the Riverside County Road and Survey Department that all pertinent requirements outlined in the attached approval letters from the following agencies have been met. .... 'CountY Fire Depmrtment ~unty Flood Control County Parks Depart~nt .E~tefn 14untctpal Water Dist. be County Health Department County Planning Department Rancho Water District Spq. ctflc Plan No. 199 Amendment No. 1, Development Agreement No. 5, ~nd Cl~nge of Zone #o. 5107 $ha11.. be approved by the Board of. pq.lso~ ~.nd_s~all .be effect~yp... L~ts .created by this land ~Vl$10n sTta/i De ~n conTomance mtn the aevelopment standards of the zone ultimately applied to the property. Prior'to the recorda~on ~f the:final mp, General Plan Amendment 150, Conditions of Approval Tentative Tract No. Z337! Amended No. ! Page 4 19. All e~tsttng structures on the sub;iect property shall be removed prtor to recordation of the final map. " l~e Common open space area shall be'shoMn as a nude red Jot on the final map Ifid shall be Banaged b3~ a master propar~y o~ers association. Prior to recordation of the final subdivision map, the subdivider shall submtC the folioMing documents to the Planntn9 Department for revtew, ~tch documents shall be sub:lect to the approval of that department and the Offtce of the Count~ Counsel: 2) A declaration of covenants, conditions and restrictions; and A sample document conveyed tttle to the purchaser of an Individual lot or untt ~tch provtdes that the declaration of covenants, conditions and restrScttons ts Incorporated theretn by reference. The declaration of covenants, conditions and restrictions submitted for revtew shall (a) provtde for a mlntmum term of 60~ears, [b) provtde ~or the establishment of a property owners' association comprised of the owners of eac~ Individual lot or untt, (c) provtde for ownership of the cone~on and (d) contaln to following provisions verbatim: ~Nothwtthstandtng an~ provision tn thts Oeclaratton to the contrary, the following provision shall apply: The property owners' association established heretn shall manage and continuously matntatn the 'common area'~ more parttcularl~ described on Exhtbtt ~[~Zo27' of the spectftc plan attached hereto, and shall not sell transfer the 'con,non area', or any part thereof, absent the prior written consent of the Planntng 01rector of the Count~ of Riverside or the count~'s successor-In-Interest. The property owner's association shall have the rtght to assess the - owners of each Individual lot or unit for the reasonable .cost of eatntatntng. the 'commn area' and shall have the right to lien the 9ropetry OT an~ ~uc~ o~.er ~o defaults tn the payment of a '. eatntenance assessment. An .assessment 1ten, once created, shall be 9rtor to all 'other 1tens recorded subsequent to the nottce of assessment or otheF"document cresttrig the assessment 1ten. Tht$ Oeclaratton shall ~otbe temtnated. 'substantially' propert~ deannexed therefrom absent the pr~or wrttte~ ~en~ .... Planntng o ~rector of. the County of Riverside or the Cou~t~'~ successor tn Interest. A proposed amendment shall be constoe~eo "substantial' tf tt affects the extent, usage or mtntenance of the ndtttons of Approval entattve Tract #o. 23371 Mended #o. ! Page $ 22. 23. 25. In the event of any'conVict between thts Declaration and the Arttcles of Incorporation, the Bylaws or the property owners" association Rules and Regulations, tf any, this Declaration shall control." Once approved, the declaration of covenants, conditions and restrictions shell be recorded at the same ttme that the ftnal map ts recorded. '" trtor to recordation of the final map, clearance shall be obtatned from #etropolltan Vater Dtstrtct relative to the protection of applicable easements affecting the subject property. Lot 11ne adjustments shall also be completed. The developer shall comply with the following parkway landscaping requirements as shown in Specific Plan No. 19g Amendment No. 1 unless maintained by. ~ H0A or other public entity: (Amended by Planning Cm~tsston 10 5 88) 1) Prtor to recordation of the final map the developer shall ftle an application wtth the County for the formation of or annexation to, a parkway maintenance dtstrtct for Vesting Tentative Tract No, 23371 Amended No. 1 tn accordance wtth the Landscaping and Lighting Act of 1972, unless the project ts wtthtn an existing parkway maintenance. Prtor to the tssuance of butldtng permits, the developer shall secure approval of proposed landscaping and Irrigation plans' from the County Road and Planntng Department.' All landscaping and.lrrtgatton plans and specifications shall be prepared tn a reproducible format suttable for permanent flllng wtth the county Road Department. 3) Th~ developer shall post ~ landscape performance bond which shall be released concurrently with the release of subdivision performance _ bonds, :quaranteetng the viability of all landscaping ~tch wtll _be 1nsta11~d.p~tor to the assumption of the mintchance responsibility by th~ district.' '~) Th~-'de~eloper.: the developer's successors-in-Interest or assignees, shall be respons?ble for all parkway landscaping maintenance until such Ume as malntenance ts taken over by the district. The · developer shall be responsible ~or,. maintenance and upkeep,of all slopes, landscaped areas and trr?gatJon systems until such t?me as those o~eratlons are the respons?b?l?ttes of other part?es as approved by the Planntng Dfrector. Street lights shall be provtded wtthtn the subdivision tn accordance ~th the standards of Ordinance 461 and the following: Conditions of Approval Tentative Tract No. 23371 /~mended No. ! P&ge 6 26. 27. Coacurrently ~th the ftllng of subdivision Improvement plans ~th the I~ad I)epartmant, ~he developer shall secure approval oT the proposed street 11ght layout first from the Road Department's trafftc engtneer and then from the appropriate uttllt,y purveyor. Following &pproval of the street 11ghttng layout by' the Road Department's traffic engineer, the developer shall also ftle an &ppltcatton with LAFCO for the CoYmarten of a street 11ghttng district, or annexation to an extsttng 11ghttng district, unless the site ts wtthtn an extsttng 11ghttng district..' 3) Prlor to recordation of the final map, the developer shall secure conditional approval of the street 11ghttng application from LRFCO, unless thastte is wtthln an extsttng lighttng district. 4).. All street 11ghts and other outdlor 11ghttng shall be sho~ on electrical plans submitted to the Department of Buildtrig and Safetx for plan check approval and shall comply vrlth the requirements of Riverside County Ordinance No. 655 and the Riverside count~ Comprehensive Senate1 Plan. The park area (Planning Rrea No."45) of the spectftc plan shall be tmproved along with all road Improvements prior to the issuance of butld[ng permtts for 800 dwelltrig untts tn Tract 2337! Amended No. 1. Tke t~a~--map--for-Vestfng-~ract-~337~-~ha~-~hew-the-park-a~-a-nu~bered-~et~ Amended b~ Planning Commission 10-$-88) Prtor to the lssuance of GRAD]NG PER~]TS the following conditions shall be satisfied: Prlor to the issuance of-grading permtts, detatled common open space area parking landscaping and $rr?gatton plans shall be submitted for' Planntng ~partment approval for the phase of development In process. The.plans shall be certified b~ a landscape archtract, a~d shall provide ~or the following. Per~nen~ eutomat?c irrigation systems shall be Installed on landscaped areas ~qut.r?ng irrigation. 2) Landscape screening Where requtred shall be destgned to be opaque up tea minimum height of six (6) feet at maturity. All uttllty servtce areas and enclosures shall be screened from view ~rtth landscaping and decorative barttars or baffle treatments, as approved b~ the Planntng Director. Uttllttes shall be placed underground. Conditions of Approval Tentative Tract No. 23371 ~mended #o. ! Page 7 I~rk~ays end 1andsca'ped'.butldlng setbacks shall be landscaped to r~vtde vtsual sc~eenlng or a transition tnto the prtma~ use area of he stte. Landscape elements shall tnclude earth be~tng, ground cover, shrubs and spectmen trees In conjunction with meandering sidewalks, benches and other pe. destrlan amenities where appropriate as .pproved ~). ~h.e Planntng-'Department .rid Spectftc Plan No. Zg9 ~ndment 5) Landscaping plans shall Incorporate the use of. spectmen accent trees at key visual focal points within the project, $) Where streets trees cannot be planted within rtght-of~way of tntertor streets and pro~ect parkways due to Insufficient road right-of-way, -'~ they shall be planted outstde of the road right-of-way. 7) Landscaping plans shall Incorporate nattve and drought tolerant plants where appropriate. 8) All extstfng specimen trees and significant rock outcroppings on the )ct prol shall be shown on the proJect's Iradang plans and subJe .operty .~'s graa~ shall note those to be ~emoved, relocated and/or retained. 9) &ll trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. 10. Parking layouts shall comply with Ordinance 348, Section 18.12. 28. All extsttng 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, lf~h~ pro~e~t is to be phased, prior to the approval of grading · permits, an overall conceptual grading plan shall be submitted to the Planning !)~?ector for approval. The plan shall be used as guideline for subsequent detatled grading plans for individual phases o~ and development shall include the followin. g: .- 1) Techniques which will be utilized to prevent erosion and sedimentation during and after the grading p~ocess. 2). ~pproxtmate time frames ~or gradtrig and identification of areas which may be graded during the htgtmr probabt!t~ ratn months of danuary ~hrough March. 3) Preliminary pad and roadway elevations. Conditions of Approval Tentative Tract No. 23371 ~mended No. 1 Page 8 30. 31. 32. 33. 4) Areas of temporar~ gra~tng outstde of a particular phase. Gradtrig plans shall conform to Board adopted Hillside Development Standards: A1 cut and/or fill slopes, or individual combinations thefor, ~htch exceed ten feet in vertical height shall be modified by an appropriate combination of a special terracing (benchtng) plan, increase s)ope ratio .(i.e.', 3:1), retaining walls, and/or slope planting combined ~!thtrrtgatton. All driveways shall not-exceed a fifteen percent grade. All c~t Slopes located adjacent to ungraded natural terrain and exceeding ten' (XO) feet in vertical heights shall be contour-graded incorporating the following grading techniques: 1) The angle of the graded slope shall '.- of the natural terrain. 2)' Angular forms shall be discouraged. natural rounded terrain. be gradually adjusted to the angle The graded form shall reflect the 3) The toes and tops of slopes shall be rounded with curves with radii designed in proportlon 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. 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 paleontologtcal impacts. Should the paleontologist ftn. d the potential is high for impact to significant resources, & pre grade meeting betwen the paleontologist and the excavation .and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily dtvert,'redirect or halt grading activity to allow recovery of fossils. .~tor.to .the issuance of BUILDING-PERMITS the following conditions shall be satisfied: .~. ~ I. In accordance with th written request of the developer to the County pf Riverside, · ;opy~f which is on f)le, and in furtherance of the agreement between the oevel. oper and the County of Riverside, no build!rig permits .shall .be issued by the County of Riverside for any parcats within the sub3ect tract until the developer, or the developer!s successors-in-interest_ provided evidence of compliance with the terms of said Development Agreement No. 5 for the financing of public facilities. Conditions of Approval Tentative Tract No. 23371 ~.ended #o. 1 Page 9 ¥~th the subatttal of IxJtldtng plans to the Depart.ant of Butldtng and Safety the developer wtll demonstrate compliance with"' the acoustical study I~epared for Vesting Tentative Tract 23371 knended No. ! v~tch established appropriate mitigation measures to reduce an~tent lntertor notse levels to 45 Ldn and exterior notse levels belo~ 6$'Ldn. Roof-mounted rochanice1 equlpment ~he11 not be permitted wtthtn the subdivision, except for the clubhouse ~htch may have screened~ equipment as approved by Planntng Director.'" However Solar equipment or any other energy saytrig devtces shall be permitted wtth Planning Department approval. (Amended by Planntng Commission 10-5-88) d. Butldtng 'separation between all buildings Including fireplaces shall not be less than ten (10) feet unless approved by Department of "Butldtng and Safety and Ftre Department per Spectftc Plan No. 199 k~endmant No. ( by 1, Amended Planntng Commission 10-5-88) e. All street side yard setbacks shall be a mtntmum of 10 feet. 34. f. All front yards shall be provtded wtth landscaping and automatic Irrigation. '- Prtor to the issuance of OCCUPANCY PEPStITS the following conditions shall be satisfied: Prtor to the final butldtng Inspection approval, by the Butldtng and Safety Department, walls shall be constructed along Katser Parkway and Rancho California Road, La Serena ~ay, Kaiser Park ~ay and ~rgartta Road per the Destgn ~anual. The requtred wall shall be subject to the approval of the Otrector of the Department of Butldtng and Safety an~ the Planntng Otrector and may be phased wtthtn the pro~ect (A~endea _ by Planntng Commission 10-5-88). b. ell and/or fence locations shall conform to attached Ftgure III-17 of ~ Spe~lftc Plan No. 19g Amendment No. 1. c. All landscaping lmd ~trr~gatto~ shall be Installed tn accordance ~th approved plans ~rtor to the tssuance of occupanc~ permtts. ]f seasonal · conditions do not pemtt planting, tntertm andscaptng and eros!on control measures shallbe uttllzed as approved by the Planntng 01rector · and the Director of Butldtng and Safety. d. M1 parktrig landscaping and Irrigation shall be Installed tn accordance ~tth approved plans and shall be vettried by ·Planntng Department field Inspection. Conditions of Approval Tentative Tract No. 23371 ~mended No. ! Page 10 e,--~nE~ete--s4dewa~ks-ska~-be-eenst~,cted-tkrevgkeut-t#e-~,bd4v4s4e~-4n i¢~o~dan~e-w~h-the-$~anda~de-ef-G~d~nance-4GA-afid-Gpec4f4G--P3an--#e~ ig~-Amendment-Ne~-~ (Delete b~ P]ann?ng Comm?sston f. S~reet trees shall be planted throughout the subdivision tn accordance" #lth the standards of Ordinance 460 and Spectftc P~ah NO. 19g Amendment No. 1' 35..Development of Vesttn9 Tentative Tract No. ~3371 Amended No. 1 sha~l comply ~tth all provisions of $pect¢tc Plan No. 199 Amendment No. 1 and Development Agreement No. $. KG:mcb:mp C LAND U~ VACA.T~.,U:'~ "~ ' "1 VACANT HILLY HILLY ..__ VACANT ORCHARD_ VA¢ ,,~ AG PRESERVE jr ii#O. GAL. #0. II, ~NO. ~. wO I · '* ~P WO. G47 MAP IO. I01 HILLY RES czM,, HILl Y VACANT HILLY R ESI~E .N'~....A_L CZ 4110 VACANT HILLY ...... VACANT VACANT .- ~,~~,, VAC,NT ~ ,,c..-/ '~ ~' ~'~ LDG&TION&k MAP App. KACOR '~' - ,': ' ~.. SPECIFIC PLAN OF LAND USE . ... .- · Element SO. GENERAL. ~ARNY, RANOHO VIST 88 ~, R~ Bk.~.ssA hie 313 86 Y ~ ~ "~ .. leroy D. Smoot ',~ I ~ ~a & C04M1~ lUlV1~01 OFFICE OF ROAD COMMISSIONER ~ COUNTY SURVEYOR September 30, 1988 liverside County Planning Coastssion 4060 Lemon Street Riverside, CA 92501 Re:" &l~dl#fl?11ATI VI 11141 ~l?.11ti Tract 14ap 23371 - Amend #1 - Road Correction Schedule A - Team SP I~p #1 Lidtes and Gentleran: ¥1th respect to the conditions of approval for the referenced tentative land division map, the Road Department recommends that the landdivider provide the following street improvement plans and/or road'dedications In accordance with O~tnance 460 and Riverside County Road ]mprovement Standards (Ordinance 461). ]t Is understood that the tentative rap correctly shows acceptable centerline profiles, a11 existing easements, traveled ways, Ind drainage courses with appropriate Q's, and that thetr omtsslon or unacceptebility my require the mp to be resubmitted for further consideration. These O~dtnances and the following condttlons are essential parts and a requlremant occurring In ONE Is as binding as though occurring tn all. They are tntended to be complementary and to describe the conditions for a co. plate design of the improvement. All questions regarding the true meaning of the conditions Commisstoner's Office. shall be referred to the Road The landdtvlder shall protect doomstream properties from damages caused by alteration of the drainage patterns, I.e., concentra- tion of diversion of flow. Protection shall be provided by constructing adequate drainage facilities Including enlarging .existing facilities or by securing a drainage easement or by both. All dratnage easements shall be shovm on the final map and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by land fills are &11owed". The protection shall be as approved b~ thI Road Departant. 3he linddivider shall accept and properly dispose of a11 offsite · dralnage flowtrig onto or through the site. Zn the event the Road Co~,lssIo~ec pemits the use of streets for dratnage purposes, the provisions of Article X! of Ordinance No. 460 will apply. Should the quantities exceed the street cspoctty or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage" facilities is approved by the Road Department. ?r~ct'h~ 23371 - Mend fl o ilar"-. Correction Hap fl September 30, 1988 ' Page :P 3. PaJor drainage Is involved on this landdivision and its resolution shall be as approved.. by. the Road Department. 4. raiser Parkay sha11'.be Improved within the dedicated )'lght of way In accordance with County Standard No. 101, (38'/50*). S. Lm Serena Way shall be improved within the dedicated right of way in accordance with County Standard No. 102, (32'/44'). 6. Street 'A', '8' (from Street 'C' to '~') shall be Improved as approved by the Road Commissioner. (66'/66,), ?. Street e8' (from Street 'De to* 'E' end from Street 'C' to La Serena Way) end Street 'C' (from Street "8' to approximately 700' west of Kaiser Parkway) shall be improved in accordance with Modified County Standard No. 103, Section A. (48'/48'). '8. Street "C' (700'2 westerly of Kaiser Parkway) $ha1~ be Improved in accordance with Modified County Standard No. 102, (60'/60'). g. Street 'X', Street 'B' (from Street 'I' Wly), Street 'MM' (from Street 'B' to Street 'SS') shall be improved tn accordance with Modified County Standard No..!03, Section A. (44'/44'). 10. Street 'R", shall be Improved in accordance with Modified County Standard No. 104, Section A. (40'/40'). . 11. Streets 'D" thru 'H", 'I', 'O" thru 'Q", 'S" thru "W', "Y" thru 'DD" Street, 'EE', Street 'FF", qG$" thru eLL', Street "IqM" (from Street 'SS' Sly), Streets 'NN" thru 'AAA' end t~ unnamed streets running between Street "B" and "BB" and between Street "B" and Street "CC" s~all be improved In accordance with Modified County Standard No. 105, Section A. 12~ "South General Kearny Road shall be Improved within the dedicated right of way in accordance with County Standard No. 103, Section A. (22'/33'). 13. ~he landdivider ~hall provide utility clearance frm Rancho Calif. Water District prior'to the recordation of the final map. · ,Trmct~ Nap Z3~71 - Amend September 30, 1988 . Page { 16. 16. 17. :Road Correction ~p #1 h Nximla centerline gradient shall not' exceed 16%. The minimare centerline red11* ~ha11 be as N~proved by the Road Oepertamnt. I~ncho Calif. Road and Margarita Road shal_l be fm.prove. d wtth concrete curb and gutter located 43 feet from cente..rl. lne. and match up_&sphalt concrete pmvlngl reconstructlon~ or resurTacl_ng of existtrig paving as determined by the Road Cona~issloner.wlthtn a 55 foot I~lf width dedicated right of way In accordance wlth County StandelM No.. 100. Frlorto the ftling of the final mp wtth the County Recorder's Office, the developer shall provide evidence of continuous mlntenance of all proposed private streets'within the development as approved by the Road Commissioner. 18. Sidewalks within the development shall'be as approved by the Road Commissioner. The minimum lot frontages along ~he cul-de-sacs and knuckles shall be 35 feet unless othe~ise specified in the particular zoning classification. 20. All driveways shall conform to the applicable Riverside County Standards and shall be shown on the street improvement plans. A minimum of four feet of full height curb shall be constructed between driveways. 21. When blockwails are required to be constructed on top of slope, debris retention wall shall be constructed at the street right of way line to prevent silting of sidewalks as approved by the Road Con~fssioner. 22. .The mtntmum garage setback shall be 30 feet measured from the face of curb. Should the developer provide evidence of roll up doors on the butlding plans, a reduction of 4' may be allowed but in no case shall:' the garage be closer than 20 feet from back of sldAwalk or ~urb'tn the absence of sidewalk. ~23. 24. P~lm~ and secondar~ access ~oads to the nearest paved road main- -rained by the County shall be constructed within the public right of way tn accordance with County Standard No. 106, Section 6. (32'/ /60') ·t · grade and ai*fgnment as approved by the Road Comml~s{oner. Prior to the recordation of the final.map, the developer Shall deposlt wtth the Riverside County Road Department, a cash sum of $160.00 per lot as mitigation for traffic signal ~mpacts. Should ..,. Tr&ct' .~p Z3371 - Amend '~ .m~ber 30, 1988 4. &d COTTKttOn Map fl e 2S. 26. 27. the developer choose to defer-the tim of payment. he my enter tnto · ~rltten ·greement with the County deferring said plymerit to the tim of issuance of · building permit. /reproveant plans shall be based upon a centerlln_e p,r.oflle extending ·mtntmum of 300 feet beyond the project boundaries at ~ grade and · 11gnment Is approved by the Riverside County Road ~m~fssl_oner. completion of road improvements does not imply &ccepT~qce TOt milntenance by County. .. Electrical end communications trenches shall be proyIded in · ccordance with Ordinance 461o Standard 817. Aspbaltic emulsion (fog sea1) shall be applied not less than fourteen days followIng placement of the asphalt surfacing and shall be applied it a rate of O.OS gallon per square yard. Asphalt emulsion shall conform to Sections 370 39 and g4 of the State Standard Specifications. Standard cul-de-sacs end knuckles and offset cul-de-s&cs shall be constructed throghout the landdivision. Corner cutbacks in conformmnce with County Standard No, 806 shall be shown on the final map and offered for dedication where applicable. 30. Lot access shall be restricted on Rancho Californfa.'~omd, Margarita Road, Kaiser Parkway and La Serena IMy and so noted on the final I~p. 31. Landdivtslons creating cut or fill slopes adjacent to the streets shall provide erosion control, sight distance control and slope easements as approved by the Road Department. 32. All centerline Intersections shall be it 90% The street design end improvement concept of ~hls project shall be c6ordtnated with TR ~337~ ·rid TR ~3373. "34..STreet'lighting sha]l be required in accordance wtth Ordinance 460 · rid 461 throughout the sutx!Ivlston. The county Service Area (CSA) Jdmtnlstrator determines ~hether ~his proposal qualifies under an · "[;"acT,,, Ig, p ' I'&ge 5 ': 35. 36. 37. existing issessment district or not. If not, the land omer shall file In application with LAFCO for annexation Into or creation of · 'Lighting Assessment District' In accordance with Governmental Code Section 56000. All private and pubtlc entrances end/or Intersections opposite this project shill be coordinated with this project end,shorn on the street Improvement plans. A striping plan Is required for Rancho Coilromic Road. of the existing striping sh&11 be the responsibility of thThee removal · ppllcant~ Traffic signing and strlplng shall be done by County forces with ell Incurred costs borne by the eppllcant. The nmfn entrance gate shall be located a minimum of 160' from the.. flow line Of Pancho California Road. GH:lh ./_..,~,' Gus I~ughes · .. ~r Road Dtvtston Engtneer -- /. C~ounty or' lt~verslae ~: Tract 23371. Amended #o. I The Envlronmental Health Services has revleved Tract Kip 23371, Amended Kap No. I dated July 19, 1988. Our current con~ents v111 remaln as previously Itlted In our latter dated June 13, 1988 RIVER$;DF. PLA !~:,~1;~,G COUt~Ty COUNTY c. [RIVERSIDE, ' i of HEALTH ILltim RIVE~SI~COUNTYPLANNINGDEPT. 4080 Lemon Street .Riverside, CA 92S02 &tan: Ks&by Gifford RIVEa$[UE COUNTY PLANNING DEPARTMENT 1~1:; TRACT HAP 23371: That certain land situated in the unincorporated territory of the County of Riverside. State -: 'of California, being Parcels 1, 2,3.4 and S of Parcel .. 21884 &s shorn on t map thereof filed in Book 144, Pages 24 through 33 of Parcel Haps in the Office of the County · ~ecorder of said Riverside:County together vith a portion of the Rancho Temecula granted by the Government of the United States of America to Luis Vignes by patent dated January 18, 3860 and recorded in the Office of the County Recorder of Sun Diego County, California C~,029 Lots) Gem t I amen: The Department of Public Health has revieved Tentative He. 23371 and recommends that: A rarer system shall be installed according to plans and specification as approved by the rarer company and the Health Department. Permanent prints of the plans of the rarer system shall bb submitted in triplicate, vith a minimum pcale not less than one inch equals 200.feet, along vith the original dr&ving to the County Surveyor. The prints shall ahoy the internal pipe diameter, location of valves.and fire hydrants; pipe and ~otnt specifications, and the size of the main at the Junction of the nay system to the axisLing system. The plans shall comply in all respects vtth Day. S, Part 1, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 22, Chapter 18, and General Order He. 103 of the Public'Utilities Commission of the State of California, vhen applicable. I~iverstde County Pl~nnin0'Dept. Page Two .. Attn.* Kathy Gifford The plane shall be signed by a registered engineer and water company with the following certificationc 'I certify that the design of the water system in .Tract Hap 23371 ts accordance with the'water system expansion plans of the Rancho California Water District and that the water service,storage and distribution system viii be adequate to provide water service to such tract. This certification does not constitute a guarantee that it viii supply water to such tract at "any specific quantities, flows or pressures for fire protection or any other purpose". This certification shall be signed by a responsible official of the vater company. This Department has a statement from the Rancho California Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It viii be necessary for the financial arrangements to be made prior to the recordation of the final nap. This Department has a statement from the Eastern Municipal Water District agreeing to alloy the subdivision sewage system to be ~onnected to the sewers of the District. The sewer system shall be installed according to plans and specifications as approved by the District, the County Surveyor and.the Health Department. Permanent prints of the plans of'the sewer. system shall be submitted in triplicate, along with the ortgi~&'l drawing, to the County Surveyor. The prints shall show the internal pipe diameter, location of and the size of the sewers at the junction of the new syste~ to the existing system. & single plat indicating location of sever lines and water lines shall be a portion of the sewage plans and profiles. The plans shall be signed by a registered engineer and the sewer district with the following certification: 'I certify that the design of the sewer system in Tract Map 23371 is in accordance with the sever system expansion plans of the Eastern Hunicipal Water Distract and that the waste disposal system is adequate at ~tverside Co~nty Planning Dept. P&ge1'hree &TX14: Kathy Gifford .lu~e ,3, 1988 this time to treat the anticipated v&stes from the proposed tract.~ It viii be necessary for financial arrangements to be made pr~or to the recordation of the final'map. Sincerely, rtinez. Environmental Health Services SM:tic ~ iC~NI4LrTM L IJ)WAg~ ~ Illl II&MKI-r Illlrr P.o. BOx loll · lLS?I40N1 I~ld) ll?-lOll RIVERSIDE COUNTY FLOOD CONTROl- AND WATER CONSERVATION DISTRICT Riverside County Planning Department Cmaty AdalntstrattVl Center Riverside. C311fornla kin m!lwed thSs Call and have the:following c~ents: CO** Except for nutsance nature local runoff whtch lay traverse porttons of thel property the project ts cons?tiered free from ordSnary storm flood hazard. However, e storm of unusual magnitude could cause some damage. New construc- tto~ should co~1~ wtth il1 applicable ordinances. ~e topographx of the Itel conststs o~ well defined r?dges and natural water- coarses vhtch traverse the property. There ts adequate area outstde of the natural watercourses for butldtng sttes. The natural watercourses should be kept free of buildings and obstructions tn order to matneath the natu~a~ dritnage pa~te~s of the itel and to prevent flood damage to new buildings. A uote should be placed on in envlronmentl~ constraint sheet sti~tng, 'A~I new bu?ldings shall be floodproofed b~ e~evittng the ftnSshed ~oors a mtntmum o~ ~6 1riches above ideacent ground surface. Eroston protection shall be provtded for mobtle h~e supports.' This project ts In' the ~ A~ea dratnage plan ~ees shall be pitd tn accordance wtth the applicable r~les and regul it t ohs. The proposed ZOntng ts consistent wtth existtrig flood hazards. Some flood control Cactitries or fioodproo¢tng may be requtred to fully develop to the tmplled density. The Olstrlct's ~eport dated :T~ne 2o. lift ts st111 current for thts project. Very truly yours, KENNETH L. EDWARDS ef/,£,ngtnee · HN H. KASHUBA ~nlor CIvtl Engineer The'~ttachidcO~ments apply. The Dlstrttt does not object to the proposed minor change. RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ~une 20, 1988 · .iverside Comity Planning Department County Administrative Center ~tlverside, ~ali£ornia &ttentionz ~peci£1c Plans ~athy Gifford Ladies and Gentlemens Re~ Vesting Tract 23371 This is a proposal to divide about 400 acres in the Temecula Valley area. The site is along the east side of Nargarita Road between Rancho California Road and La' Serena Way. This project is a portion o5 Specific Plan 199 (Nargarita Village). Offsite t'lo~s from t~o ma~or watersheds are tributary to the site*s northeast and southeast corners. The applicant proposes to accept and convey the £1o~s from the northeast with a storm drain system, and the flows from.the southeast with a golf course grasa channel from where the flows cross under Rancho California Road in e culvert. Oneits flo~s would be drained into the above two systems with streets and storm drains according to their natural drainage pat- tern. According to the applicant, the site would be roughly graded with offsite and oneits flows directed into the proposed golf course and temporary drainage facilities. This is allowable.. if the na{ural drainage patterns are preserved and the temporary l&cllltles have the 100 year storm capacities. are ~he Districtes recommendationst This tract is located within the limits of the Nurrieta ¢~eek/Temecula Valley Area Drainage Plan £or ~hich 'drainage fees h~ve been adopted by the Board. Drainage £ees shall be paid aS set forth under the provisions of the 'Rules and Regulations for &dministration ofArea .Drainage PlansWe ~en~ed February 16, 1988s Drainage Sees shall be paid to the Road Commissioner as part oft he filing for record of the subdivision £inal map or parcel map, or if the recording of a ££nal parcel map is waived, drainage fees shall be paid as a condition of the Waiver prior to recording a certificate o5 compliance evidencing the waiver of the parcel ~ap~ or Planning Department l~e~ Vesting Tract 23371 -2- Oune 20, 1988 b. At the option of the land divider, upon filing a re- quired affidavit requesting defermeat of the payment of less, the drainage fees may be paid to the Building Director at the time of issuance of a grad- ing per,it or building permit for each approved par- cel, ~hichever'may be first obtained after the recording of the subdivision final map or parcel ~ap~ provided howcyst, this option to defer the fees may ~ot be exercised for any parcel where grading or structures have been initiated on the parcel within the prior 3 year period, or permits for either ac- tivity have been Issusd on-that parcs1 which remain &CtlVa. Pads should be elevated at least I foot above the 100 year flood plain in the adjacent drainage facilities. Erosion protection should be provided for all fill slopes expossd. to the potential erosion hazards. Hydrological ~nd hydraulic calculations for both the tem- porary and ultimate drainage facilities should be submit- ted to the District for approval. Oneits drainage facilities located outside of road right of way should be contained within drainage easements 8hewn on the final map...A note should be added to the final map stating, 'Drainage easements shall be kept free of buildings and obstructions'. Offsite drainage facilities should be located within publicly dedicated drainage easements obtained from the affected property owners. The documents should be re- corded' and & copy submitted to the District prior to rscordation of the final map. All lots should be graded to drain to the adjacent street or an ~dequats outlet. The 10 year storm flow should bs contained within the curb and the 100 year storm flow should be contained within .the street right of way. ~hen either of these .c~lteria Is'exc~sded,,additional drainage facilities should be installed. ;' Drainage facilities outletting sump conditions should.be deslgnsd to convsy ths tributary 100 year storm flows. Additional emergency escape should also be provided. Riverside County ~lann~ng Department Rez' Vesting Tract 2337! ll. -3- June 20, 1988 The property*s street and lot grading should be designed in a ~anner that perpetuates the existing natural drainage patterns with respect to tributary drainage ~rea, outletpoints-and outlet conditions, otherwise, a drainage easement should be obtained from the, a£fecte~ property o~ners for the release of concentrated or di verted ato~ £1o~s. A copy of the recorded drainage easement ~hould be submitted to the District for review prior to the recordation oft he f~nal map. If the tract Is built in phase.~ each phase shall be pro- tected £rom the I ~n 100 year tributary storm flo~s. Temporary erosion control measures should be ~plemented ~n~ediately following rough grading to prevent depos£tion of debris onto downstream properties or drainage facilities. Development oft his property should be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. Evidence of a viable maintenance mechanism should be sub- nitted to the Dis%r£ct and County for review and approval prior to recordation of the f£nal map. A copy of the improvement plans, grading plans and final map along with auppor~ing h~drologic an~ h~raulic cal- culations should be submitted to the District via the Road Department for review and approval pr~or to recorda- ~ion of the final map. Grading plans should be approved pr~or to ~ssuance of grading permits. Ouestions conce~ning this matter may be referred to Robert Chiang o£ thio office at 714/787-2333. cct Rick Engineering Compan~ Very truly yours, KEITH Lo EDWARDS ~"~le~f E~(c'lnee~d OHS n. ASHU A ,~enior Civil Engineer J ltC~pln !~080 Lemon S~ [edU IlL I~. CA Y~S0! (T14) ?8?~dd)6 TIACT 23371 - Lv, n~ED fl, ROA~ COIt~CTIOH fl With respect to the conditions of approval for the ·boys referenced land division, the Flre DepartBent reco~nende the following fire protection netsurea be provided In accordance vithltiverside County Ordinances and/or recognized fire protection ot·ndardsf FII~ PROTECTION ' Tns vatar uniao shall be capable of providing · potential fire flew of 2500 Gl~l and au actual fire flay available frou an7 one hydrant shall be ~$00 GPH for 2 hour· duration at 20 PSI residual operating pressure. Approved. ·uper fire hydrants, ¢6"xa"x2ix2j) shall be located at each street intersection and spaced not Bore than 330 feet apart in any direction with no portion of any Xot frontage Bore than 165 feet free a~hydrant. Applicant/developer shall furnish one copF of the water orates plans ~o t~e Fire , DepartBent for review. Plane shall condom to fire hydrant types, location and spacing, and. thesyBase shall neet the fire flay requirements. ~lane shell be signed/approved by · registered civil engineer and the local water coupany with the follovin&'certificetion: ~I certify that the design of the water ayeten b in accordance with the requireneats prescribed by the !riverside County Fire Department.u TArt flo~s'~or the couutr~ club v ill bt datemined when plot plan is.reviewed. 31~ xeqvirei water eyetee, including fire hydrants, shall be installed and accepted the' ~pprop~atc' water agenc~ prior to ·n~ coubuetible building naterin1 being placed on an individual lot;%- " All buildings ·hall be constructed with fire retardant roofing usatrial as described lu Section 3~03 of the Uniforu BuildingCods. An~ road shingles, or ·hakes shall have · Class 'g~ rating and shall be approved b7 the Fire 'Oepsr~-ent prior to installation, IIITI~GAT~OH Prior to the recordation of the final nap, the developer ohsll deposit rich the Riverside Count7 Dire DepartBent, a. sash am of 0~00.~ per lot/unit as ultllation for fire protection bpacCe. ~ouXd the developer choose co darer the the of pa~enC. be/she us7 enter into a ~itten as~eeueuc ~ the ~ut7 derstraus said pa~u~ to ~e ~e of Issuance of a bulld~ pe~c. All questions regarding the ueanl~g of conditions ohs1! be re[erred to the ~rs DepartBent ~lauuiu~ and Eusiuseriug etBff. ; Chief Fire DepartBent June 9, 1988 · - · -. Development Review 08-Rtv-15-# .98 Your Reference: VT 23371, 23372, and 23373 Related to SP 199 Planning DepartBent ' Jetenrich Kathy Giftford County of Riverside #080 Lemon Street Riverside, CA 92501 Dear )is. Gifford Thank you for the opportunity to review the proposed Vestins Tracts 233710 23372, and 23373 located easterly of 1-15 and Margarita Road between Rancho California Road and La Serena gay ~n Rancho California. Please refer to the attached material on which our comments have been indicated by the Items checked and/or by those items noted under sdd~tional comments. .. Zf us7 work is necessary within the state highway risht oft way, the developer must obtain an encroachment permit from the ¢altren.s Dlstr2et 8 Permit Oftflue prior to basinning work. additional information is desired, please call Mr. Patrick M. Cormally st (71#) 383-~38#. Very trul~ yours, . If. LEWAN~OWSE! Dlstr'Xct .lr~rni'ts Engineer . Art. Lee Johnsons Riverside County Road Department thLll~ TO lion: ~ the h "kin sad drainage sanerated by this proposal dot~not appear t~ hav~ I al~lf*ieent etTeet on the atate higl~'ay syste~, consideration must be given to the cumulative e~fect ca* continued development in this area. Any measures necessary to aitipte the eunulative impact of tmtMMmmmd .drainage should be Irovided prior to or with de. ve~opme~t of the area that necessitates then. It apgears that the trnffie --d ~- ' ~ Kencrated by this proposal could have a sl~niflcnnt effect on the state hl~ay aysten of the area. Any measures necessary to ndtipte the traffic - J ~(' j impacts should be included ~dth the develepmnt. - 1his portion 'of state highway in included in the California Naster Plan of State Hl~aya £ll$1ble for Official Sconie Hlg~ay Designation, and ~n the future your ~ency my. ~ to have this route officially designated as a state acehie This portion of state highway has been officially designated as a state scenic highway, end developneat in t!~ts eo~rido~ should be ecn~mtib~e ~dth the scenic .h~s~ay concept, ~t"is ~eeognized that there is considerable public concern about noise levels adjacent to heavily traveled hig~ays. Land development, in order to be ec~patible ~ith this concern, may require special noise attenuation measures. Development oF property should ~nclude any necessary noise attenuation. Norml right off ~ay dedication to provide Norn~ street ~,~nprovenonts to provide half-~dth on the state ht~vW. halfo~ddth on the state biscay. ~b ~d ~tt~, S~te S~dard along ~e stl~ M~. P~ktng ~ pr~tblt~ m~ong the sta~e highly by painting ~e ~rb r~ ~d/or b~ ~e p~p~ pla~e~nt .of 'no parkin&" a~s. rndius mrb re, ns ~ provid~ nt intersections ~th t~ sta~ ~&~ay. ~dnrd ~le~r r~ ~st ~ provided ~n ~e re~. positive vehicular barrier along the pro~erty frontage be provided to limit' [~ysioal access to the atate Mih~!Y. Ve~Icula~ access not be ,deve2ol~ d~reetly to the state hi~l~ay. ~ehtcular access to the state his~Ml~ be provided by exiatin~ public road TeMcular access to the state ht~ay be provided by, standard . dr~ve~mys. Ve!~eular access ~ not be provided ~lth~n of the intersection at V~deular access to the state hi~ay be provided by a road-type connection~ .. -Form (Continued on reverse) 4ue~s polutJ to t.' state hiihwny be deve2oped in m ~Mr tMt will provide si~ht Lnnde~ nlcmg b state M{hwiy be led and levitTlag in nnture. A lel~-tm~ bus, ineludi~ any neeesnry widelag, be provided on the state Mlh~7 mt . Ikasider~tion be [ivm to 12m provision, or ~e ~H{~, of si~alintion and ~tiq of ~ b~~~ of ~d Idequn~ off-street parida, Mhich d~tl not require beckin~ onto the slmte highway, ,arklag lot be developed in · stunner thet will not esume any vehicular movement sonfilets, ineludinl parking stall entrance and exit, within of the ~mtranee from the ~tate hisbray. {hadleap parking n~t be developed Ln the busy drLveway entrance ertl. C~e be taken ~hen developing this property to preserve end perpetuate the existing dratMge p~ttern oF the state highway. hrticuler consideration shcu2d be given to etn~J. letive increased stun runoff to insure'that s highway drainsis proble~ is not ~reJted. lay necessary n~lse ettenustton be provided ss part off the developeeat off this property. Fltl~e refer to ottache~ a~ltic~al cc~enta. Any pro~on2s to further deve2op this I~o~rty. I ~k print of t~ ~ f~ ~ ~e~nts ~thin the stnte hl{h~y right of ~. If r~ul~. ~ ~ ~2nt ~ h ~r, din{ ~d ~lMie ~I~M for this pro~rty ~n ~ INORE SHER,1]rF $ STATION June xO, 2986 O14) 674-3131 .7 s. i' i::,~ '~ ,': J= it,. JU;i 1 $ ~tvez~l~e County Plam'~ing Department #080 Lemon Street, 9th Floor Riverside, California 9250:] RIVERS;DE COUNTY PLAN N I NG DEPAR'rM ENT AttestS: XIthy Gifford, Planner Vesting Tracts: 23371, 23372 and 23373 Hargarita Village .... Dea~ 'Hs. Gifford: Me me'in receipt of your letters dated June l, 1988; received by thisoffice on Ju'ne 9, 1988. St. Deputy Sni~ders has reviewed the material, and we offer the following information for your upcoming report° l~o~ect 23371, will increase the population grouch by approximately #,788; project 23372 will increase th$ population by approximately 1~936~ and project 23373 will increase the population by approximately 1,392. The combined projects, upon completion will impact the Rancho Califormia area by an increase of 8,116 persons. These figures are arrived at by assumini that all residences have a minimum of three bedrooms. The desirable resident/deputy ratio is 1.5 deputies per 1,000 persons. This pro.~ect, upon completion of all three phases, will require 12.1 deputies to facilitate law'enforcement protection. ~ is of ~rtance to note ~ha~ ~his area is ~ithin our designated Beat ~1 ~ea, ~ith an existing population of approximately ,3,000 per- sons. ~ presents ~e ~ve one deputy ~o cover ~is a~ea. . ~o~tion offerads please do not hesz~ate to contact this off~ce. a.D. Vtllfn ~. R~nolds, Capta~ ~e Ell~ore Station CITY OF TEMECULA AGENDA REPORT AB#: ? TITLE: DEPT HD MTG: ?.z4-~e FINAL VESTING TRACT 23371-q CITY ATIY DEPT: qPJ~q. C[TY I~R Re~.o,,.,~,:,dation That the City Council APPROVE Tract 23371-~, subject to the attached Conditions of Approval. Discussion Tract 23371-~ was submitted to the Riverside County Planning Department on January 26, 1988 for processing and was approved by the Board of Supervisors on November 8, 1988, subject to the attached Conditions of Approval. The Office of the Road Commissioner and County Surveyor is recommending that the City Council approve the tract map as submitted. The tract is located east of Margarita Road, south of South General Kearney Road, and north of Rancho California Road. The tract contains 120 lots within 27.72 gross acres. This tract is part of Margarita Village Specific Plan No. 199 and Development Agreement No. 5. The developer has posted the following bonds for this project: Improvement Faithful Performance Security Material 8 Labor Security Streetand Drainage $ 6~7,500 $ 323,750 Water 169,000 8q,500 Sewer 188,000 9~,000 Total $ 1,00~,500 $ 502,250 The following fees have been paid for this tract: Fee Amount RCFC Drainage Fee Signal Mitigation Fee Inspection Fees Fire Facilities Fees 19,366.96 17,850.00 ~2,222.00 q7,600.00 Staff recommends that the City Council APPROVE Final Vesting Tract 23371-q, subject to the attached Conditions of Approval. OFFICE OF THE ROAD COMMISSIONER AND COUNTY SURVEYOR COUNTY OF RIVERSIDE Ivan. F. Tennant Acting Road Cos~issioner County Administrative Center Mailing Address: PO Box 1090 Riverside, CA 92502 Telephone (714) 787-6554 June 29, 1990 SUBMITTAL TO FRANK ALESHIRE, CITY MANAGER OF THE CITY OF TEMECULA FRO~4: Acting City Engineer for the City of Temecula SUBJECT: Tract Nap 23371-4 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 The City of Temecula Re= Tract 23371-4 2 June 29, 1990 The developer wishes to enter into the following agreements to cover the improvements within this subdivision for: IMPROVEMENT OF STREETS (Bond No. 7900 532469) WATER DISTRIBUTION SYSTEM, (Water to be supplied by Rancho Water District) (Bond No. 7900 532469) SANITARY SEWER SYSTEM (Service to be provided by Eastern Municipal Water District) (Bond No. 7900 532469) SETTING OF LOT STAKES AND SUBDIVISION MONUMENTS (Bond No. 7900 532472) MATERIALS AND LABOR (Bond No. 7900 532469) in the amount of $502,250 is also attached. TRAFFIC SIGNAL MITIGATION (Bond No. 7900 532473) SECURING TAXES, (Bond No. 7900-532467) The above referenced bonds are issued by Allied Mutual Insurance Company. This map complies in all respects with the provisions of Division 2 of Title 7 of the Government Code and applicable local ordinances. The dedications made on said map are for: 1. Lots "A" through "G", inclusive are retained as private streets. 2. Lot 120 is retained as a private open space. l- id id 3: g) " :IiVE:I )iDE cOUnC.u 'PL, nnin(s DEPA:IClTIEnC DATE: November 23, lg'JO RE: TENTATIVE TRACT MAP NO. 23371 Amd. 1 E. A. N~BER: 32546 REGIONAL TEAM NO. Specific Plans -learn Dear Applicant: The Riverside County Board of Supervisors has taken the following action on the above referenced tentative tract map at its regular meeting of 11-8-88 . X 'APPROVED tentative map subject to the attached conditions. DENIED tentative map based on attached findings. APPROVED withdrawal of tentative map. The tract map has been found to be consistent with all pertinent elements of the. Riverside County General Plan and is in compliance with the California Environmental Quality Act of 1970. .l~te-pr~d~F,.t will not have a significant effect on the environment and a Negative Declaration has 5e~,Q-_~,adopted. A conditionally approved tentative.-~-~ract map shall expire ~_t~.~..~.months after the approva.~ha.~ the Board of Supervisof~Hear-in~,_the..~at~,-~f--wh~¢h--is-$h~'"~a~bov'~.', unless within ~ aT period of time a fina.~,~,~.J)C~?.h,.alil!_.Ji~'~,;,;'.~ep approved and~.,~ith the County Recorder: Prior to the expiration d~,=J~li~i~,),~..t~.~'vfU~,i~yi'a)~P!~ilj~,l.~.'ji. ng f. or. an extension of time. Application shall'lbej.)O"a~'.~!~he Plann'ing o]F~e~f~..~,~iYty (30) days prior to the expiration date of the tent~t~""~P)-~;;' ]~)B~'~ ,~'j~j~e~,~t~S~il)n~a'y extend the period for one year and upon further ap.~~e~-a-~=e~-er, d ~ a third year.' '"~..~-- i Very truly yours, ~ RG :top RIVERSIDE couNTY ROAD & SURVEY DEPARTMENT RIVERSIDE COUNTY PLANNING DEPARTMENT Roger S. Streeter, Planning Director ...,..... :.~_ ,, .~/,p..,., - ___ !<o,'~ (Joltnan, Principal Planner FILE- WHITE APPLICANT - CANARY ENGINEER- PINK 205-39 (by. 10/83) 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIF, ORNIA 92501 (714) 787'6181 46-209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 ~ ~UBMITTAL TO THE BO~*~D OF SUPER .,ORS KG :'a~cb ,: o,:,,~s,~,,~.,,,.~ o,: ~,:o~,,~ ,~, ./.,~~ SUBJECT: VESTING TENTATIVE and TENTATIVE TRACTS located tn the ~,~ Margarita Village Specific Plan (SP 199 Amendment No. 1) - First and Third Supervtsortal 0istricts - Rancho California Zoning Area. RECOMMENDED MOTION: Receive and File the Planning Commission action of 9-28-88 and 10-5-88 for APPROVAL of Vesting Tentative Tracts 23371 Amended No. 1, 23372 Amended No. 1, 23373 Amended No. 1, 23470 and 23471 and Tracts 22915, 22916, 23100 Amended No. 1, 2310L 23102, and 23103 Amended No. 1. Streeter, Planning Director Prey. Agn. tel. Depts. Comments Dist. AGENDA NC RIVERSIDE COUNTY PLANNING COMMISSION MINUTES OCTOBER 5, 1988 (AGENDA ITEMS B-Z, 5-3,.5-4 - REEL 1003, SIDE I - TAPE 6, SIDE 1) VESTING TRACT MAP 23373 AMENOED NO. 1 - EA 32548 - Margarita Village Development Company - Rancho California Area - First/Third Supervisorial Districts - south of Rancho California Rd, west of Kaiser Parkway - 34B units - 31± acres - SP 199 Zone. Schedule A VESTING TRACT MAP 23371 AMENDED NO. I - EA 32546 - Margarita Village Development Company - Rancho California Area - First/Third Supervisortal Districts - north of Rancho California Rd, east of Margarita Rd - 1183 units - 398± acres - SP 199 Zone. Schedule A VESTING TRACT 23372 AMENDED NO. I - EA 32547 - Margarita Village Development Company - Rancho California Area - First/Third Supervisortal Districts - north of Rancho California Rd, west of Kaiser Parkway - 469 units on 66 lots - 44± acres - SP 199 Zone. Schedule A The hearings were opened at 6:50 p.m. and closed at 7:11 p.m. STAFF RECOMMENOATION: Adoption of the negative declarations for EA 32548, EA 32546, and EA 32S47, approval of Vesting Tract F~ps 23373 Amended No. 1, 2337! Amended No. ! and 23372 Amended No. 1, all subject to the proposed conditions. Ms. Gifford also recommended approval of a waiver of the length to width ratio for Vesting Tract 23371 Amended No. 1. The subject tract maps were located within Village A of the Margarita Village Specific Plan, and would create 1763 residential lots and a golf course on 254 acres. Staff had found the tract maps to be consistent with the adopted specific plan. Ms. Gifford recommended several changes to the conditions of approval. Commissioner Purviance asked about a fiscal impact report, and was informed this report had been furnished recently for Amendment No. 1 to the specific plan. Jim Resney, representing the applicant, briefly reviewed ~he development, advising they were proposing a state-of-the-art adult retirement community which included a championship golf course with a 37,000 square foot clubhouse facility in the center of the project. He then referred to Condition 33(f} for all three tract maps, which required front yards to be provided with landscaping and automatic irrigation, and requested that this requirement deleted for larger lots, as it was his opinion that these homeowners would prefer.to do their own landscaping. The CC&Rs would require them to comply with specific standards. Mr. Resney requested that this condition be amended by adding to the end 'or shall be installed within 75 days after close of escrow as provided in the CC&Rs in the 45x100 square foot lot areas". Romd Department Condition 21 for Tract Hap 23371 and Condition 14 for the other two tract maps required a debris retention wall where block walls were required at the top of slopes. Mr. Reshey requested that this condition be amended by adding: 'If applicant can demonstrate to the satisfaction of the Road.Commissioner that a Master Homeowners Association or other entity will satisfactorily maintain the slopes, the Road Comissioner may, at his option, waive this requirement of a debris retention wall.' He thought that if they could convince the Road Comissioner that there ~uld be no silting problems and that the slopes would be maintained, the debris retention wall would not 53 RIVERSIDE COUNTY PLANNING COMMISSION MINUTES OCTOBER 5, 1988 be needed. For aesthetic reasons, he felt it would be better not to have the small wall. Road Department Condition 22 for Tract 23372 and Condition 15 for the other two tract maps related to the minimum 30 foot garage setback from face of curb. Mr. Reshey felt this condition conflicted with the specific plan development standards which allowed 16 foot driveways with roll up doors, setback either from the back of curb or the back of sidewalk. He would prefer to have the specific plan standards applied, but requested that the hearings not be continued. Lee Johnson advised the slump wall delineated in Road Department Condition 21 was a wall they had been requiring for the past three or four years when the Planning Department required a block wall at the top of a slope. Depending on the size of the slope, the Road Department Design Enginee~ could require a two block high wall at the ~roperty line to keep the debris washing down the slope from crossing the sidewalk. They would be willing to consider any other alternative the developer might suggest, as long as it accomplished the purpose of this condition. He requested that this condition be retained. Commissioner Oonahoe asked whether adding to the end 'or as approved by the Road Department" would give the developer the opportunity to provide an alternative plan, and Mr. Johnson agreed that it would. Mr. Johnson advised the garage setback required by Road Department Condition 22 for Tract 2337! {Condition 15 for Tracts 23372 and 23373) was the minimum setback required by Ordinance 460. He had read the language requested by the applicant, but would prefer to retain the condition as originally proposed in the Road Department letter. Mr. Resney explained they had been discussing the possibility of providing a 4 foot sidewalk, and would like to have a 24 foot setback rather than the 26 foot setback required by this condition. However, if the Road Department preferred the existing language, they would accept it. Mr. Johnson advised the condition would not alter the width of the sidewalk in anyway. Commissioner Beadling referred to Mr. Resney's request that front yard land- scaping and irrigation not be required for the larger lots, and stated she felt they should be required for all lots. Mr. Goldman requested that the condition be retained as originally written. There was no further testimony, and the hearing was closed at 7:11 p.m. FINDINGS ANO CONCLUSIONS: Vesting Tentative Tract Maps 23371 Amended No. 1, 23372 Amended No. 1 and 23373 Amended No. 1 are located within Village A of the Marg&rtta Village Specific Plan (No. lg9); the three tract maps will provide 1763 dwelling units and a golf course on 254 acres; Tract 23372 Amended No. I has been conditioned with the specific plan's condition of approval to mitigate impacts to the Stephens Kangaroo Rat habitat; the tracts have been conditioned to comply with Specific Plan 199, Change of Zone Case 5107, and Development Agreement No. $; and a waiver of the lot length to width ratio will be needed for Vesting Tentative Tract 23371 Amended No. 1. All environmental concerns have been addressed in EIRs 107, 202, and the initial 54 RIVERSIDE COUNTY PLANNING COMMISSION MINUTES OCTOBER 5, 1988 studies for these tract maps,'and no significant impacts have been found; the tract maps are consistent with the Comprehensive General Plan (as amended by CGPA 150), Change of Zone Case 5107, and Specific Plan 199 Amendment No. 1; and conform to the requirements of Ordinances 460 and 348. The proposed project will not have a significant effect on the environment. MOTION: Upon motion by Commissioner Donahoe, seconded by 'Commissioner Bresson and unanimously carried, the Commission adopted t~e negative declarations for EA 32546, EA 32547 and EA 32548, and approved Vesting Tentative Tract Maps 23371 Amended No. I with a waiver of the lot length to width ratio, 23372 Amended No. 1, and 23373 Amended No. 1, all subject to the proposed conditions amended as follows, based on the above findings and conclusions ahd the recommendations of staff. Tract No. 23371 9 - Amend to reflect the September 30, 1988 Road Department letter. 23(2) and 23{3) - Amend to require the developer to comply with the parkway landscaping requirements as shown in Specific Plan No. 199 Amended No. 1 unless maintenance is provided by a homeowners association or other public entity. 26 - Delete the last sentence ("The final map for Vesting Tract 23371 shall show the park as a numbered lot"). 33{c) - Roof-mounted mechanical equipment shall not be permitted within the subdivision, except for the clubhouse which may have screened equipment as approved by the Planning Department; however, solar equipment or any other energy saving devices shall be permitted with Planning Department approval. Condition 34{~) for Tracts 23371, 23372, and 33(a) for Tract 23373 Add "and may be phased with the project". (to clarify that walls may be phased with the development of the tract. Condition 33(d) for Tracts 23371 and 23372, and 32(d) for Tract 23373 Building separation between all buildings including fireplaces shall not be less'than ten feet unless approved by the Department of Building and Safety and the Fire Department per Specific Plan 199 Amended No. 1. 34{e) for' Tracts 23371, 23372 and 33{e) for Tract 23373 - Delete Road Department Condition 21 for Tract 23371 and 14 for Tracts 23372 and 23373 Add to the end "or as approved by the Road Department" 55 RIVERSIDE COUNTY PLANNING COMMISSION MINUTES SEPTEMBER 28, 1988 (AGENDA ITEM 1-2 - REEL 1002 - SIDE 1 - T~PE 1, SIDE 1) TRACT MAP 23100 AMENDED NO. I - EA 32318 Marlborough Dev. Corp. - Rancho California/Skinner Lake Area - First and Third Supervisorial Districts - west of But~er?eld Stage Rd, north of Rancho California Rd - 291 lots - 122.5± acres R 1/SP Zones. Schedule A TRACT RAP 23101 - EA 32533 - Marlborough Dev. Corp. - Rancho California/Skinner Lake Area - First and Third Supervisorial Districts - east of Kaiser Pkwy, west of Butterfield Stage Rd - 263 lots - 87± acres - SP/R-2-6000 Zones. Schedule A TRACT MAP 23102 - EA 32534 - Marlborough Dev. Corp. - Rancho California/Skinner Lake Area - First and Third Supervisorial Districts - north of La Serena Way, west of Butterfield Stage Rd - 37 lots - 16.4± acres - SP/R-1 Zones. Schedule A TRACT MAP 23103 AMENDED NO. 1 - EA 32535 - Marlborough Dev. Corp. - Rancho California/Skinner Lake Area - First and Third Supervisorial Districts - west of Butterfield Stage Rd, north of Rancho California Rd - 18 lots - 29± acres - SP/R-A-1 Zones. Schedule A The hearings were opened at 9:49 a.m. and closed at 10:08 a.m. STAFF REC~MENDATION: Adoption of the negative declarations for EA 32318, 32533, 32534 and 32535, and approval of Tentative Tract Maps 23100 Amended No. 1, 23101, 23102, and 23103 Amended No. 1 with a waiver of the lot length to width ratio, subject to the proposed conditions. The subject tract maps were located within Village B of the Margarita Village Specific Plan, and would divide the 254 acres into 605 residential lots. Staff had found the tract maps to be consistent with the Comprehensive General Plan, Specific Plan 199 Amendment No. 1, and the zoning which had been applied to the specific plan through Change of Zone Case 5107. Ms. Gifford recommended several changes to the conditions for these tract maps, relating to requirements for maintenance of the open space areas, park requirements, useable yard areas, and fencing requirements. fir. Klotz suggested modifying the last condition for each tract map by beginning with the phrase "Developinent of the". Cmmatsstoner Bresson requested that changes be made throughout to refer to either 'public use trails" or 'recreational trails" instead of "equestrian tr&tls"~ be felt these terms would more accurately describe their use. Barry Burnell, representing the applicant, accepted the conditions as amended. It was his understanding that in the event any portion of the development agreement was held to be invalid {for any reason), the conditions requiring compliance with that agreement would be null and void~ this was confirmed by County Counsel. There was no further testimony, and the hearings were closed at 10:08 a.m. FINDINGS AND CONCLUSIONS: Tentative Tract Maps 23100 Amended No. 1, 23101, 23102, and 23103 Amended No. 1 are located within Village B of the Margarita RIVERSIDE COUNTY PLANNING COMMISSION MINUTES' SEPTEMBER 28, 1988 Village Specific Plan; the four tract maps would divide the 254 acres into 605 residential lots; the tract maps have been conditioned in accordance with the specific plan's conditions of approval to mitigate impacts on the Stephens Kangaroo Rat; the tract maps have been conditioned to comply with Specific Plan 199 Amendment No. 1, Change of Zone Case 5107, and Development Agreement No. 5; a waiver for the lot length to width ratio will be needed for Tract 23103 Amended No. 1. All environmental concerns have been addressed in EIR 107, EIR 202, and the initial studies for these tract maps, and no significant impacts have been found; the tract maps are consistent with the Comprehensive General Plan (as amended by General Plan Amendment No. 150), Specific Plan 199 Amendment No. 1 and Change of Zone Case 5107; the tract maps confdrm to the requirements of Ordinances 34B and 460. The proposed projects will not have a significant effect on the environment. MOTION: Upon motion by Commissioner Bresson, seconded by Commissioner Beadling and unanimously carried, the Commission adopted the negative declarations for EA 3231B, EA 32533, EA 32534 and EA 32535, and approved Tentative Tract Haps 23100 Amended No. 1, 23101, 23102, and 23103 Amended No. 1 with a waiver of the lot length to width ratio, subject to the proposed conditions, amended as follows, based on the above findings and conclusions and the recommendations of staff. Tract Map 23100 Amended No. 1 22. Amend to conform to Condition 24 (to provide for maintenance of the common open.space area by either a County Service Area or a Homeowners Association). 23. Prior to the issuance of occupancy permits for 160 units on Tract 23100, the park area shall be developed per Specific Plan No. Amended No. 1. 24. Replace with the standard alternative condition providing for maintenance of the common open space area by either a County Service Area or Homeowners Association. 37(b)-. Wall and/or fence locations shall substantially conform to attached Figure 111-2B of Specific Plan No. 199 Amendment No. 1. 38. The development of Tentative Tract No. 23100 Amended No. I shall comply with all provisions of Specific Plan No. 199 Amendment No. 1 and Development Agreement No. 5 Tract Map 23101 17(h) Rear yards and useable side yards shall have an average flat area of 2000 square feet. 22. Amend to conform to Condition 24 (to provide for maintenance of the common open.space area by either a County Service Area or a Homeowners Association). 3 RIVERSIDE COUNTY PLANNING COMMISSION MINUTES SEPTEMBER 28, 1988 23. Prior to the issuance of occupancy permits for 160 units on Tract 23101, the park area shall be developed per Specific Plan No. Amended No. 1. 24. Replace with the standard alternative condition providing for maintenance of the common open space area by either a County Service Area or Homeowners Association. 37(b) Wall and/or fence locations shall substantially conform to attached Figure III-2B of Specific Plan No. lg9 Amendment No. 1. ' 3B. The development of Tentative Tract No. 23101 shall comply with all ~rovisions of Specific Plan No. 199 Amendment No. I and Development greement No. 5 Tract Map 23102 21. Amend to conform with Condition 33 {to provide for maintenance of the common open space area by either a County Service Area or a Homeowners Association. 33. Replace with the standard alternative condition providing for maintenance of the common open space area by either a County Service Area or Homeowners Association. 3S(b) Wall and/or fence locations shall substantially conform to attached Figure III-2B of Specific Plan No. 19g Amendment No. 1. 36. The development of Tentative Tract No. 23102 shall comply with all ~rovisions of ~pecific Plan No. Igg Amendment No. 1 and Development greement No. Tract Map 23103 Amended No. I 21. Amend to conform to Condition 22 (to provide for inaintenance of the *common open space area by either a County Service Area or a Homeowners Association. 22. Replace with the standard alternative condition providing for maintenance of the common open space area by either a County Service Area or Homeowners Association. 34(a) Wall and/or fence locations shall substantially conform to attached Figure III-28 of Specific Plan No. 199 Amendment No. 1. 35. The development of Tentative Tract No. 23103 Amended No. I shall comply with all provisions of Specific Plan No. 199 Amendment No. 1 and Development Agreement No. 5 4 RIVERSIDE COUNTY PLANNING COMMISSION MINUTES SEPTEMBER 28, 1988 (AGENDA ITEMS 1-3 AND 1-4 - REEL 1002, SIDE I - TAPE 1, SIDE 1) TRACT MAP 22916 - EA 32505 - Rancho California Dev. Co. - Rancho California Area - First Supervisorial District - north of Pauba Rd, west of Butterfield Stage Rd - 259 lots - 103.3~ acres - R-R/SP Zones. Schedule A TRACT RAP 22915 - EA 32504 - Rancho California Dev. Co. - Rancho California Area - First Supervisorial District - south of Rancho Vista Rd, west of Butterfield Stage Rd - 287 lots - 91.6~ acres - R-R/SP Zones. Schedule A VESTING TRACT NAP 23471 - EA 32518 - Kaiser Development Co. - Rancho California Area - First Supervisorial Oistrict- south of Rancho California Rd, west of Kaiser Pkwy - 155 lots - 44± acres - R-1/SP Zones. Schedule A VESTING TRACT MAP 23470 - EA 32517 - Kaiser Development Co. - Rancho California Area - First Supervisorial District - north of ,Rancho Vista Rd, west of Kaiser Pkwy - 325 lots - 106.3 acres - R-1/SP Schedule A' The hearings were opened at 10:10 a.m. and closed at 11:10 a.m. STAFF RECOMMENDATION: Adoption of the negative declarations for EA 32517, EA 32518, EA 32504, and EA 32505 and approval of Tentative Tract Maps 22915 and 22916, and Vesting Tentative Tract Maps 23470 and 23471 subject to the ~roposed conditions, and a waiver of the lot length to width ratio for all our tract maps. These four tract maps were located in Village C of Specific Plan 199 Amendment No. 1, and would divide the 345 acres into 1020 residential lots, provide a 10 acre school site, a 5 acre park site and 3 tot lots. Staff had found the proposed maps to be consistent with the Comprehensive General Plan, the adopted specific plan, and the zoning which had been applied to the property through Change of Zone Case 5107. Ms. Gifford recommended several changes to the conditions of approval; these changes related to the minimum lot size, lot length to.width ratio requirements, park requirements, landscaping/irrigation requirements, and a requirement for development of the tract maps in accordance with the adopted specific plan and approved development agreement. Commissioner Beadling questioned Ms. Gifford's recommendation for deletion of the conditions for Tract r~ps 23470, 22915 and 22916 requiring landscaping and irrigation. Ms. Gifford explained these three tentative maps proposed minimum 7200 square foot lots and the County did not normally require landscaping and irrigation for lots of this size. Mr. Streeter felt this condition could be retained, as it wms County policy to require landscaping and irrigation for 7200 square foot lots in the Rancho California area. Robert Kimble, representing the applicant, advised they would prefer not to provide the front yard landscaping and irrigation, and requested that the condition be deleted. Commissioner Beadling asked whether Mr. Kimble had seen the letter submitted by Mr. and Mrs. Pipher objecting to the density proposed in the area adjacent to their estate type homes. At her request, Mr. Kimble located Mr. Pipher's subdivision which was next to Rancho Vista Road. They were proposing the 7200 square foot lots allowed by the specific plan for this area. Ms. Gifford advised the tract map was a refiltng of a previously RIV£RSIDE COUNTY PLANNING COMMISSION MINUTES SEPTEMBER 28, 19BB approved map, and there was no change in the density; the proposed tract map was within the density range allowed by the specific plan. Commissioner Beadling quoted from the letter, which requested that the density be reduced w~the density originally proposed by the specific plan. She wanted to know at this density was, and was informed there had been no change in the density. Mr. Kimble requested that Condition 4 of the Flood Control Dtstrtct's letter for Tract 2347! be deleted. This condition required maintenance ramps in the Long Canyon C~annel~ these ramps were not needed because they had designed this channel for their underlying map with 4:1 slopes. Mr. Lotz ag'reed to the deletion of this condition. Mr. Kimble then requested that Road D~partment Condition 26 for Tract 22915 and Condition 28 for Tract 22916 be amended by adding to the end "or as approved by the Road Commissioner"; Mr. Johnson agreed to this change for both tract maps. Condition 20 for Tract 22916 required the park to be fully improved and developed prior to the issuance of building permits for 150 units, and Mr. Kimble requested that this condition be amended to require the park prior to the issuance of occupancy for the 25gth lot. Providing the fully improved park prior to 150 units would be a burden to the developer. Ms. Gifford advised Mr. Ktmble's request would delay completion of the park until after the entire tract had been completed~ staff felt 150 units would afford the applicant an opportunity to build some units, and at that point the improve- ments could be tied into road improvements. The park would also be useful for the tract to the north, which was being developed by the same developer. Mr. Kimble requested clarification of the new condition staff had suggested for Tract 22g16 regarding mitigation for the Stephens Kangaroo Rat. Mr. Goldmmn explained this condition referred back to the specific plan condi- tions, which required either a Memorandum of Understanding with the Department of Fish and Game or that the applicant comply with the Countywide program being established by Riverside County. Robert Oudonay, also representing the applicant, advised he was actively involved with the task force'appointed by the Board of Supervisors regarding the Stephens Kangaroo Rat program. There was no set program at the present time, and he wanted to know whether they would be charged the $750 per lot fee, or whether they would be held up until a specific program was estab- lished. He did not want to be delayed, as they would be ready to pull build- ing permits within the next few weeks. Mr. Klotz explained the Board had generally endorsed the concept of having a developer make a deposit of $750 per lot, accompanied by an agreement to pay the fee as ultimately adopted; this would allow the project to go forward. He felt this option would be available to the developer. He explained this was not necessarily the u)ttmate fee, but was only a security to be deposited against the ultimate mitigation fee. This explanation satisfied Mr. Dudonay's concerns. Mr. Kimble advised it was their understanding that in the event Development Agreement No. 5 should be held invalid at some time in the future, the approval of the four tract maps would still stand, but the condition for RIVERSIDE COUNTY PLANNING COMMISSION MINUTES SEPTEMBER 28, 1988 compliance with the development agreement would be null and void. Mr. Klotz advised this was explicitly provided within the development agreement. OPPONENTS: Bob Pipher, 41825 Greentree Road, Temecula, advised the development in which he lived (known as Green Tree) contained approxim..tely 96 acres and he and his wife owned approximately one-third of this property. They had submitted the letter requesting that the portions of the subject tract maps adjacent to their area be required to create lots similar in size. Mr. Pipher had a map of the Margarita Village Specific Plan dated March 30, 1986, which showed the density in this area to be approximately half of the density currently ~roposed. Mr. Pipher advised this was an equestrian area, and people residing n the area needed riding trails. He requested a connecting trail from Pauba to Rancho Vista along the boundary between their subdivision and the subject development or along Kaiser Parkway; this would provide an additional landscaped buffer area. Hr. Pipher advised they had no problem with the proposed school site, but felt the circulation systen proposed to serve the school was inadequate. In his opinion, Street 'B" should be extended to Kaiser Parkway; this would then ~rovide access to both the school site and the park from Kaiser Parkway. At he present time there was a steady flow of traffic, and providing an access to the park site and school from Kaiser Parkway would help everyone in the area, in addition to making the park more accessible. Because of the traffic on Kaiser Parkway, Mr. Pipher thought it would be difficult for people living on the other side to reach the park. He therefore suggested that one or two ~arks be required on the other side of Kaiser Parkway, to benefit residents in hat area. Mr. Pipher requested a solid wall along the boundary between their development and the subject project. The people residing in this area were requesting a buffer, and would appreciate anything the Commissioners could do to help them. In answer to a question by Commissioner Bresson, Mr. Pipher advised there was no street between the area he was representing and the subject site; the lots from the subject tract map were backing up against the lots in his subdivision. ~en Mr. Pipher again requested equestrian trails, Ms. Gifford briefly reviewed the proposed trail system, which included a trail along Rancho California Road, going up the Kaiser Parkway and laid easement; no trails were proposed in the southern area as requested by Mr. Pipher. Commissioner Bresson requested that these trails be designated as public access or recreational trails instead of equestrian trails. Mr. Burnell advised that an equestrian trail had been established all along Pauba Road, going east and west, and there was a north/south trail in the ~tropolttan Water Oistrict easement going by the school administration site, along Rancho California Road to Kaiser Parkway. The residents of the Green Tree area could use the trail along Pauba, which connected to the trail along Green Tree Lane. This was a regional trail system, established under the direction of the Parks Department. 7 RIVERSIDE COUNTY PLANNING COMMISSION MINUTES. SEPTEMBER 28, 1988 Commissioner Bresson requested information on the type of buffer to be provided. Mr. Burnell advised there would be masonry walls in the area north and south of Rancho Vista Road; he thought this would satisfy Mr. Pipher's concerns. Mr. Burnell advised the Margarita Village Specific Plan had originally been approved with a slightly higher density in this area. They had added land with the amended specific plan but had not changed densities in the area of the subject tract maps. The exhibit presented by Mr. Pipher was a conceptual exhibit prepared by the engineer for internal use only and had never been presented to the County. Mr. Kimble responded to Mr. Pipher's request for an additional park on the other side of Kaiser Parkway, by advising Costain Homes was providing a park planned for Tract 22715 to the north; they were planning to upgrade both parks over and above the requirements of the specific plan. Commissioner Donehoe asked whether staff was recommending that a condition be added to require the wall as a buffer between the subject tract maps and the area represented by Mr. Pipher, and was informed this was a condition of the specific plan. Lee Johnson referred to Mr. Pipher's suggestion that "B" Street be extended to Kaiser Parkway, and advised both he and John Johnson (Transportation Planning Section of the Road Department) felt this was an excellent recommendation. Circulation in this area might be improved by making this connection rather than having the school served by a cul-de-sac street. This would also give both the school and the park site access from a 66 foot wide street. When Commissioner Bresson asked whether this could be accomplished without redesigning the map, Mr. Johnson replied he felt the map would have to be amended. Mr. Streeter felt this provide a much better access.. Commissioner Beadling felt that a long cul-de-sac street going into a school was poor planning, as it required the cars and school busses bringing in children to wrap around and come back out the same way. Extending the street would allow the vehicles to drop off the children and go out a different way. Commissioner Bresson was concerned about creating a 4-way intersection, and ~r. Johnson agreed that a 3-way intersection created les~ problems. However, he still felt that providing access to Kaiser Parkway would result in better circulation service to the school site. Mr. Burnell did not feel it was necessary to extend 'B" Street to Kaiser Park- way in order to provide adequate circulation for the school. He was concerned that the change in the roadway might cause problems with regard to the sewer lines. Mr. Burnell was also concerned about a 4 way intersection at Kaiser Parkway; he felt retaining the existing 3-way intersection would provide an overall better ctrculatio~ s~stem for residents of the area. Commissioner Bresson preferred the cul de sac street because it would not encourage through traffic along the school site. Mr. Johnson pointed out that there would be less opportunity to eventually obtain stgnaltzatton for a 3-way intersection than for a 4-way intersection. RIVERSIDE COUNTY PLANNING COMMISSION MINUTES SEPTEMBER 28, 1988 Mr. Kimble advised they had met with the school district and showed them the tentative map; they were pleased with the configuration of the school site as well as the proposed street system. Mr. Burnell advised their original design showed the school/park site adjacent Kaiser Parkway, and the school district had objected to this plan because they did not want the children adjacent to a major street. Commissioner Bresson supported the tract map as currently designed, as it was satisfactory to the school district. There was no further testimony, and the hearing was closed at 11:10 a.m. FINDINGS AND CONCLUSIONS: Tentative Tract Maps 22915, and 22916, ~nd Vesting. Tract Maps 23470 and 23471 are located within Village C of Specific Plan 199 Amendment No. 1 (the Margarita Village Specific Plan); the four tract maps would divide the 345 acres into 1020 residential lots; design manuals have been prepared for Vesting Tentative Tract Maps 23470 and 23471; the tract maps have been conditioned to comply with Specific Plan 199 Amendment No. 1, Change of Zone Case 5107, and Development Agreement No. 5; a waiver for the lot length to width ratio will be needed for all four maps. All environmental concerns have been addressed in EIR 107, EIR 202, and the initial studies for these tract maps, and no significant impacts were found; the tract maps are consistent with the Comprehensive General Plan (as amended by General Plan Amendment 150), Specific Plan_lgg Amendment No. 1 and Change of Zone Case 5107; and conform to the requirements of Ordinances 348 and 460. MOTION: Upon motion by Commissioner Bresson, seconded by Commissioner Beadling and unanimously carried, the Commission adopted the negative ~ declarations for EA 32517, EA 32518, EA 32504 and EA 32505, and approved Tentative Tract Maps 22915 and 22916, and Vesting Tract Maps 32470 and 23471, all with a waiver of the lot length to width ratio, subject to the proposed conditions and based on the above findings and conclusions and the recommenda- tions of staff. Tract No. 23470 17(a) - All lots shall have a minimum size of 7200 square feet net. 17(b)~- Delete entirely 20 - Prior to the issuance of occupancy permits for 150 units, one tot lot shall be improved and fully developed. 21 - Prior to the issuance of occupancy permits for 275 units, the second tot lot shall be improved and fully developed. 27 - Prior to the issuance of building permits (balance to remain the same) 36 -The development of Vesting Tentative Tract Map 23470 shall comply with its Oesign Manual, with all provisions of Specific Plan No. 199 Amendment No. I and with Development Agreement No. 5 Tract No. 23471 RIVERSIDE COUNTY PLANNING COMMISSION MINUTES SEPTEMBER 28, 1988 20 - Prior to the issuance of occupancy permits for 200 units, one tot lot shall be improved and fully developed. 26 - Prior to the issuance of building permits (balance to remain the same) 32(f) - All front yards shall be provided with landscaping and manually operated, permanent underground irrigation. Flood Control Condition 4 - Delete entirely 35 - The development of Vesting Tentative Tract Map 23471 shall'comply with its Design Manual, with all provisions of Specific Plan No. 199 Amendment No. 1 and with Development Agreement No. 5 Delete Condition 4 of the Flood Control letter dated June 17, 1988. Tract No. 22915 24 - Prior to the issuance of building permits (balance to remain the'same) 32 - The development of Tentative Tract Map 22915 shall comply with all provisions of Specific Plan No. 199 Amendment No. I and Development Agreement No. 5 Road Department Condition 26 - Add to the end "or as approved by the Road Commissioner". Tract No. 22916 2 - Add the following: except for the lot length to width ratio. 20 - Prior to the issuance of occupancy permits for 150 units in Tentative Tract 22916, the park shall be fully improved and developed. 25 - Prior to the issuance of building permits (balanc~ to remain the same) 32 --The development of Tentative Tract Map 23916 shall comply with all rovtsions of Specific Plan No. 199 Amendment No. 1 and Development greement No. 5 33 - Prior to issuance of grading permits, impacts to the Stephens Kangaroo Rat Habitat shall be mitigated per the specific plan conditions of 'approval. Road Department Condition 28 - Add to the end "or as approved by the Road Commissioner". 10 Lontng Area: Itlncho California pervtsortal District: Ftrst and Thtrd E.A. Nos: 3~545, 32547, 32548 Spectfic Plan Sectton ¥esttng Tentative Tract Nos.: 2337! Amd. No. I, 23372 And. No. 1, 23373 And. No. ! Planntng Cmntsston: 10-5-88 Agenda Ztem No.: 5-2, $-3, and 5-4 ~IVERSID[ C~UIrlT FLM~II~ DEPARll~RT · ~'[~.rF 113q]tT 1. Applicant: #argartt~ ¥tllage Developmen. t Co. 2:. £ngtneer: Rtck £ngtneertng Company 3. Type of Request: The 3 tracts wtll subdlvtde 472 acres ~ tnto 1763 residential untts ~ 4. Location: East of ~rgartta Road, north of Rancho ~ Ca1 tfornta Road " Board of ~pe~vtsors on ~ 13 88 p~oposes P ~99 ~d. No. 1 zontng). = 6. e Surrounding Zontng: Stte Characteristics: Area Characteristics: Comprehensive ~eneral Plan Zontng to the north and west ts R-4, A-2-20, R-R, R-l; Zontng to the south Vacant land traversed wtth lo~ htlls Located on eastern edge of ~ncho California community Rancho Vtllages (General Plan Amendment No. 150 proposes a general plan ~estgnat~on of ~pectflc Plan No. ~mendment No. 11 10. Land Dtvtston Data: Vesttrig Tract Acreage Untts Danstry (Du/Ac) 2:3371 And. No. 1 2337Z And. No. 1 2:3373 And. No. I 394 37 31 1183 3 232 6 348 11 11. Agency Recon~endat~ons: 23371 Md, No, I 23372 lknd, No, I 23373 ~d, No..1 Road 9-22-88 3-22-88 9-22-88 Health 7-25-88 9-7-88 7-26-88 Flood 7-22-68 7-22-68 7-22-68 Ft re 8-17-88 8-17-68 8-17-88 ~hertff 6-10-68 6-10-68 6-10-88 ]2. Letters: None ~ecetved as of thts w~tttng 13. Spher~ of Influence Znfluence Not wtthtn a Ctty sphere ANALYSIS: Vesttrig Tentative Tract Nos. 23371 ~md. No. 1, 23372 ~d. No. 1, and 23373 ~d. No. 1 Implement Vtllage as planned retirement community tn the Ha~artta Vtllage Spectftc Plan ($P ~99 Amd. No. 1) Spectftc Plan No. 199 Amendment No. 1, Change of Zone No. 6107, General Plan Amendment No. 150 and Development Agreement No. 6 were heard by the Board of Suporvtsors on September 13, 1988. These tracts have been destgned to be consistent wtth these documents. .The table belo~ summarize the tracts' relationship and consistency vrlth the Spectftc Plan's planntng areas. As shown, none of the tracts exceed the pe~ttted number of residential untts. COI~ARISOII OF TRACT ~ SPECIFIC PLAN !~JEI.LIII~ UNITS Tract No. Proposed Spectftc Pl an Pe rmt tted No. of Untts Area No. of Untts YTT 23372 Amd. No. I 1183 33-37, 42-45 1197 VTT 23372 ~nd. No. I 232 41 234 V1T 23373 Amd. No. I 348 38 348 A destgn mnual has been prepared for a11' three vesttrig maps Whtch provtde~ guidelines for landscaping, floor plans, elevations and zontng. Acoustical studtes have been proposed and vtll be Implemented as requtred by the conditions of approval. Mitigation for potential tmpacts to Mr. Palomar are also tncluded tn the conditions of approval. Additional evaluation found no cultural resources onstteo Vesttrig Tentative Tract 23371, Amended No. I tncludes an 18 hole golf course. As also requtred by the spectftc plan conditions, the tract has been condttton~ ~ taprove the pa~ tn Planntng Area 45. In confo~nce ~tth the spectftc ptan Vesttrig Tentative Tract 23372, Mended No. I has been conditioned for mittgat?on of tapacts to the Stephens Kangaroo Rat. It should be noted that the number of units for congregate care are on esttmate &rid wtll be revtewed at the development plan stage. £nvl~onmental issessments hive been prepared on all three tracts. Envtromnental lapacts ~ere assessed tn EIR 107 and E]R 202 prepared for the Rancho Vtllage Spectftc Plln and the IMrgarlta Vtllage Spectftc Plan. Mdlttonal env$ronmental evaluation has been provtded by the reports prepared for the spectflc plan amendment and the acoustical studtes prepared for the three tracts. No significant environmental tapacts have been found. FINDZNGS: Vesttng Tentative Tract No. 23371 Mended No. 1, 23372 Amended #o. 1, and 23373 Amended No. I are located tn Vtllage A of the 14argartts Vtllage Speclftc Plan. 0 Tee three tracts ~11 provide 1763 dwelltrig units and golf course open spac.e on 364 164 acres. (Amended by Planntng Convission 10-5-88) Tract 23372 Amended No. I has been ~ondtttoned per the Spectftc Plan's condition of approval to mittgate tmpects to the Stephens Kangaroo Rat. 4. Tee tracts have been conditioned to co~ply ~Ith Spectftc Plan No. 19g, Change of Zone No. 6107 and Development Agreement No. 6. A watver for length to width ratto wtll be needed fo Vesting Tentative Tract 23371 Amended No, 1. CO~CLUSIOItS: All envlronmental ~oncerns have been addressed in £IRs 107, 202 and the tntttal studtes for these tracts and no significant tmpacts have been found. 2. 'The tracts are consistent vlth General Plan ~endment No. 150 Change of Zone No. 6107· and Specific Plan No. 199, Amendment No. 1. 3. The tracts conform to the requirements of Ordinances 346 and 460. RECOW4E:Nt)ATIOItS ADOPTtON of M Negattve t:)eclaratton for EA Nos. 32646, 32547, 32548 on a ftndtng that the pro, acts ~111 not h~ve a significant effect on the environment. PR0¥It~ of Vesttrig Tentative Tract Nos. 23371 Amended No. 1, 23372 Amended No. · and 23373 Amended No. ! subject to the attached conditions of approval. ICG:m~b:mp RZVERSZD£ COUNTY PLANNING DEPARTMENT SL~D?V?S?ON CONDZTZONS OF APPROVAL V£STI~ TERTATIVE TRACT NO. Z3371 AI4ENDED NDo I CONDITIONS 1. The subdivider shall defend, Indemnify, and hold hamless the County of RtversJde, 1rs agents, officers, and employees from any clatm, action, or proceeding agatnst the County of Riverside or 1rs agents, officers, or employees to attack, set astde, votd, or annul an approval of the County of I~iverslde, 1rs advtsory agencies, appeal boards or legislative body concerning Vesttrig Tentative Tract Z3371 Amended No. actton ts brought a6out wtthtn the ttme perlod provtded for tn ~l whtch tfornta Government Code Sectton 66499.37. The County of Riverside wtll promptly nottry the subdJvtder of any such clatm, actton, or proceeding agatnst the County of Riverside and wtll cooperate fully tn the defense. If the County fatls to pr~ptly nottry the subdivider of any such clatm, actton, or proceeding or fatls to cooperate fully tn the defense, the sulx!tvtder shall not, thereafter, be r~sponstb]e to defend, Indemnify, or hold harmless the ~ County of Riverside. ~ 2. The tentative subdivision shall comply wtth the State of California Subdivision Iqap Act and to all the requtrenmnts of Ordinance 460, Schedule = A, unless modtfted by the conditions 115ted below. o 3. Thts condtttonally approved tentative map wtll exptre t~o years after the ~ County of Riverside Board of Supervisors approval da~e, unless extended as e provided by Ordinance 460. 0 ~ 4. The final map shall be prepared by a 11censed land surveyor sub~ect to all the requirements of the State of California Subdivision t4ap Act ~nd Ordinance 460. 5. The subdivider shall submtt one copy of a sotls report to the Riverside County Surveyor's Offtce and t~o coptes to the Department of BuUdtng and Safety. The report shall address the sotls stability and geological conditions of the stte. If &ny gradtng ts proposed, the subdivider shall submtt one prtnt of c_omprehenstve gradtng plan to the Department of But~dtng and Safety. The plan shall comply wtth the Unt¢orm Bulldtng Code, Chapter 70, as amended. by Ordinance 45? and as maybe &ddttlona~ly provtded for tn these conditions of approval. Gondtttons of ~proval Tentative Tract No. 23371 Mended P·ge 2 o 4, A ~&dtng permtt shall be obtatn~ from the Departant of ~tldtng and ~fety prior to co~nce~nt of aV grading outside of counV maln~tned road right of may. lb~y delinquent property taxes shall be paid prior to recordation of the final map. The sutxJtvtder shall comply w$th the street Improvement ~econ~endattons ~utllned tn the Riverside County Road_Department's letter,dated ~.~-~ 9-30-88 · copy of ~htch ts attached. (Amended by Planning Commission 10-S-~) 20. Legal access as ~equtred by Ordinance 460 shall be provtded from the tract map boundary to a County mint·tried road. ' 21. All road easements shall be offered for dedication to the public and shall conttnue tn force untt1 the governlag body accepts or abandons such offers. A11 dedications shall be free from all encumbrances as approved the Road Con~tsstoner. Street names shall be sub~ect to approval of e Road Commtss'loner. 12. F~sefiJentso utilities, wtthtn the ~uOnVeyances rveyor. ~hen requtred for roadway slopes, dratnage facilities, etc.. shall be sho~n on the ftnal map tf they are located land dtvtston t~undary, All offers of dedication and shall be submttt~ and recorded as directed by the County 23. ~t~r and sewerage dtsposal facilities shall be Installed tn accordance ~tth the provisions set forth tn the Riverside County Nealth*Delmrtmnt's. tatter d~ted 7 25-~8a copy of which ts attached. 1S. The suMtvtder shall comply with the flood control recommendations outltned by the Riverside County flood Control Dtstrtct's letter d~ted 7-Z2-ff~l copy of which ts attached. If the land dtvIston 11es w~thIn an Idopted flood control dratnage area pursuant to Sectton 10.Z5 of Ordinance 460, approprtite fees for the construction of area dratnage facilities $hall be collected by the Road Commissioner. The subdivider shall cmply wtth' the ftre tmprov~ent recommendations outltned In the County Ftre lkrshal,s letter dltad ~-17-~ · copy of ~htch ts attached. Subdivision phasing, ~cludt99 ~y prppesed. common open space area ~mproyemept phasing, 1~ app:~cao~, ~a~l M. s~bJect to Planntng ueperunenc approval. Any propose· phasing shall provtde for adequate vehicular access to all lots tn each phase, and shall substantially conform to the tntent and purpose of the subdivision approval. T~Ondlttons of ~pproval ent~tlve Tract No. Z3371 Amended No. ~ Page 3 Lots c~eated by thts subdivision shall comply vlth the following: Corner lots and through lots, tf any, shmll be provided with &ddtttona1 area pursuant to Sectton 3.88 of Ordinance 460 and so as not to contatn less net area than the least amount of net area tn non°corner and through lots. Lots created by thts subdivision shall be tn conformance vlth the development standards of the Spectflc Plan #o. 199 Amendment No. ! zone. c. t~en lots ire crossed by ma~or Publlc uttllty easements, each lot shall have a net usable area of not less than 3,600 square feet, exclusive of the uttltty easement. Graded but undeveloped land shall be mtntatned tn a ~eed-free condition and shall be etther ptanted ~tth tntertm landscaping or provtded wtth other eroston control measures as approved by the Director of Butldtng and Safety. Trash btns, 1oadtng areas and tnctdenta~ storage areas sha~l be located av~y and vtsually screened from surrounding areas wtth the use of block mlls and landscaping. Prtor to RECORDkTZON of the ftnal mp the follo~ng conditions shall be satisfied: Prtor to the ~ecordatton of the ftnal map the applicant shall su!~tt vrltten clearances to'the Riverside County Road and Survey Department that all pertinent requirements outlined tn letters frma the follovrlng a9enctes have been me~t~ attached approval Ftre Departrant flood Control Parks Depart~nt lalstiri Nunlctpal ¥ater Dtst. Count~ Ikalth Department · County Pl&nntng Department IMncho #iter Dtstrtct Prtor to the recordation of the final map, Gener&l Plan Amendment 160, ~ni~cdtftc Plan No. 199 Amendment No. l, Development Agreement No. 5, Cling. of Zone No. M07 shall be approved I~ the Board of. l~v~tsers and shall be effective. Lots created by thts land o~ shall be tn conformance wtth the development standards of the zone ultimerely applied to the property. Conditions of Approval Tentative Tract No. 2337! Mended No. ! Page 4 lg. All mtsttng structures on the Subject property shall be removed prtor to · ecordatt on of the ft hal top. ~0. 1he--COmmon open spice aroa shall be shov~ is a nunberod lot o~ the ftnal Bip:.&nd shill be Binaged by a easter property mme~s association. zi. Prior. to recordltlOn of the final subdivision top, the subdivider sha~l submtt the folioring documents to the Planning Department for review, vhtc# documents shall be sub~Ject to the approval of that department and, the Office of the County Counsel: 2) A declaration of covenants, conditions and restrictions; and 2) A sample document conveyed tttle to the purchaser of in Individual lot, or untt vhtch provides that the declar&tton of covenants, conditions &rid restrictions ts Incorporated theretn by reference. Th~ doclaration of covenants, conditions and restrictions submitted for,' revte~ shall (a) provtde for a mintmum tem of 60 ~ars, (b) provtde ~ for the ,stablists,he of a property ovmers' association comprised of the. ovners of each Individual lot or untt, (c) provtde for o~nershtp of the ¢o~on and (d) contatn to following provisions verbatim: "Nothwtthstandtng any provision tn thts Declaration to the contrary, the following provision shall apply: The property o~ners' association established heretn shall mnage and continuously mtntatn the 'con,non area', more particularly described on Exhtbtt '~ZZ-!?' of the spectftc plan Ittach~ hereto, IM sh~11 not sell transfer the 'c~on Irea', or any ~rt ~ereof, absent the prtor ~ttten consent of the Planning Dtrector of the ~unU of. Riverside or the ~unti's successor tn Interest. The property ovmer's association shall have the rtght to assess the ovmers of eJch tndqvtdual lot or unit for the r~asonable .cost of mtntatntng the 'comma area' and shall have the rtght to 1ten the property Of any such owner ~o defaults tn the I~ment of a I~tntenance assessment. An .assessment lien, once created, shall be prtor to &11 other 1tens r~corded Subsequent to the nottce 'of assessmnt or other document creattng the assessment 1ten. Thts Declaration shall.not ~ temtnatedt 'substantially' amended or ~opecty deannex.ed the~Tr~ aosent the pr~or vrttten consent of the Planning ~rec~or of the County of Riverside or the County's successor-In triter, st. A proposed amendment shall be considered 'substantial' tf tt affects the extent, usage or mtntenance of. the 'common ItelI. TCO~dtttons of ~pproval entatlve Tract No. 23371 Mended No. I Page "In the event of any confitct between thls t)eclaratton and the Arttcles of Xncorporatton, the Bylaws or the property omers' association Rules and Regular(ohs, tf any, thts Declaration shall control.' 22. 23. Once approved, the declaration of covenants, conditions and restrtcttons~ shall be recorded at the same ttme that the ftnal amp 1s recorded. (." Prlo~'.'..:t~ ricm~litton of the ftnal map, clearance shill bi~ebtat"~f~ IlltroIMfiltln-tilterDtstrlct ,N~ttve to the protection of. applicable easements affecttrig the subject property. Lot line adjustments shall also be completed. The developer shall comply vlth the follwlng parkwy landscaping · equtrements as shom tn Spectftc Plan No. 199 ~,mendment No. 1 unless maintained by a HOA or other publlc anttry: (Amended by Planntng Cowlssion xo-s-88) 1) Prtor to recordation of the ftnal map the developer shall ftle'an application wtth the County for the formtton of or annexation to, a parkway mintchance dtstrtct for ¥esttng Tentative Tract No. 2337T Mended No. ! tn accordance wtth the Landscaping and Ltghttng Act oT 1972, unless the pro, act ts ~th¶n an extsttng p&rkwaymtntenance. Prtor to the tssuance of butldtng Permtts, the developer shaT1 secure approval of proposed landscaping and Irrigation plans fro~ the Co~nty Road and Planntng Department. All landscaping and Irrigation plans and specifications shall be prepared tn a reproducible format suttable for permnent ftllng wtth the County Road Department. 24. 25. 3) ~he developer shall post a landscape performnce bond ~htch shall be released concurrontly wtth the release of subdivision performn~~ bonds~ ClUaranteetng the vtabtllty of ali landscaping v~tch vtli - Installed prtor to the assumption of the mintchance responstbtllt, y by 4) ~e developer, the developer's successors-In-Interest or isstgnees~ shall _be responsible for ill parkv~y landscaping mtntenance untt1 such ttme as mtntenance ts taken over by the district. for mtntenance and u keep~of The developor shall be responsible p slopes. landscaped areas and Irrigation systems untt1 such time as. those o~erattons 'are the responsibilities of other pirates as approved b~ the Pl&nntng Director. Street 11ghts shall be provtded ~thtn the subdivision tn accordance ~!th the standards of Ordinance 461 and the folioMing: . ...,'. Conditions of A~proval Tentative Tract No. 23371 Amended No. 1 // Z) Concurrently wfth the flllng of subdivision Improvement plans vlth the.. Road Department, the developer shall secure approval of the p~oposed' street 11ght laj~out first from the Road Department's trafftc engtneer" and then from the appropriate ut111~ purveyor. .~ ,' .,.- 2) Follmdng approval of the street 11ghttng layout by' ~he~ Road Department's trafftc engineer, the developer shall also file an application with LAFCO for the formation of I street 119httng district, or annexation to an extstlng 119httng district, unless the' stte ts wtthtn an extstlng 11ghttng district. 3) Prtor to recordation of the ftnat map, the developer . shall secu'~e'~' conditional approval of the street 11ghttng appllcltl.0n from LAFCO, unless the stte Is ~tthtn an extsttng 11ghttng district. 4).-All street 11ghts and other outdoor 11ghttng sha~l' be shovm electrical plans submitted to the Department of Butldtng and Safet~_~ for pl an check approval and she31 comply vd th the requirements -: of 'Riverside County Ordinance No. 666 and the Riverside. County Comprehensive General Plan. 26. The park area (Planning Area No. 45) of the spectftc plan shall ~ tmproved along ~tth a~l road Improvements prtor to the tssuance butldtng penntts for 800 d~elltng untts tn Tract 2337! Mended No, ~. ~a ~$naT-~nap--for-Vestfng-Tract-Z3~-s~a~T-show-the-park-as-e-nu~bered-tot~ (Amended b~ Planntng Commission ~0-5-88) - 27. Prtor to the tssuance of GRADZNG PE:RFtZTS the following conditions shall be satisfied: · . Prtor to the tssuance of'grading permtts~ detatled common open space area parktrig landscaping and Irrigation plans shall be submitted for Planntng Dkpartment approval for the phase of development tn process. "The plans shall be certified by a landscape architect, a~d shall ;..provide for the following.. ~.) Permanent automatic Irrigation systems shall be Installed on all landscaped areas requiring Irrigation. 2) Landscape screening ~ere requtred shall be destgned to be opaque "up to · mtnlmum hetght of stx (6) feet at maturlt, y. 3) All uttllty servtce areas and enclosures shall be screened from vtew u4th landscaping and decorative barrters or baffle treatments, as approved' by the Planntng Director. Utilities shall be placed underground. Conditions of Approval Tentative Tract #o. ~3371 hnended No. ! Page 7 4) Ftrk~ys end landscaped butldtng setbacks shall be_ landscaped to proveda vtsual screening or a transition tnto the prlmar~ use ~rea o~ the stte. ~ndscape el~nts'sha~ tnclude ~th ~tng, ground ~ve~, shrubs ~ s~ct~n trees tn con~unctt~ ~t~h ~andeHng side, ks. ~nches Ind other ~destrlan ~entttes ~ere appropriate as ~n~n~. P]annl~ ~pa~en~ ~ S~c~ftc Plan ~o. ~99 S) Landscaping plans shall tncorpor&te the use of spectmen accent trees at ke~ visual focal potnts vtthtn the pro:Sect. 6) klhere streets trees cannot be p~antedwlthtn right-of-way of tritertot streets and project parkrays due to Insufficient road right-of-way. : they shall be planted outstde of the road right-of-way. 7) Landscaping p~ans shall Incorporate nattve and drought tolerant p~ants where appropriate. 8) M1 extsttng spectmen trees and stgnfflcant rock outcropptngs on the sub,act property shall be show~ on the pro,ace's gradtrig plans and $hell note those to be removed. relocated end/or retained. 9) All trees shall be mintmum double staked. Weaker and/or slow growtrig trees shall be steel staked. lO. Parktrig layouts shall compl~ vSth Ordinance 348, Sectton 18.12. 28. M1 extsttng native spectmn trees on the subject property shall be preserved ~erever feasible. Where they cannot be preserved they shall be relocated or _replaced wtth specimen trees as approved by the Planntng Director. Replacement trees shall be noted on approved landscaping plans. 29. If-the pro;~ect ts to be phased, prtor to the approval of gradtng. permtts, In overall conceptual gradtng plan shall be sutxnttted to the Plenntng I)l_rector for_approval. The plan shall be used as guideline for subsequent detatled grad!ng plans for tndtvtdual phases o~ and development shall tnclude the Collowing: l) Techniques ~tch wtll be uttllzed to prevent eroston and sedimentation durtng and after the gradtrig process. 2) Approximate time frames ~or gradtng and Identification of areas Whtch ma.y be graded during the htgher probability rain months o~ ~anuary through~rch. 3) Preltmtnar~ pad and roadway elevations. Conditions of Approval Tentative Tract No. 23371 Mended No. 1 Page 8 30. 31. 4) Areas of temporary grading outside of a particular phase. reding plans shall condom to Board adopted Htllside Development tandards: A1 cut and/or ftll slopes, or Individual combinations the~of, which exceed ten feet in vertical height shall be modified by an appropriate combination of a special terracing (benchtng) _plan, increase s)ope r&tto (t.e., 3:1), retaining walls, and/or slope planting combtried withIrrigation. All driveways shall not exceed a fifteen percent grade. All c~t )lopes located adjacent to ungraded natural t~rratn and exceeding ten' (10) feet in vertical heights shall be contour graded incorporating the following grading techniques: 1) The angle of the graded slope shall be gradually adjusted to the angle .- of the natural terrain. 2) Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. 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. 32. Prior to the issuance of grading permits, a qualified paleontologist shall 33. be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontologtcal impacts. Should the paleontologist ft~ the potential is high for impact to significant resources, a pre grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading acttvtty to allow recovery of fossils. Prior to the issuance of BUILDING PER~ITS the following conditions shall be satisfied: - Xn accordance with the wrttten request of the developer to the County of Rivers!de, i .copy .of which is on ftle, and in furtherance of the agreement between the aeveloper and the County of Riverside, no build.trig pem_lts .shall..be issued by the County of Riverside for any parcels wlthin ~ne subject tract until the developer, or the de_veloper's successors-in-interest provided evidence of compliance with the terms of satd Development Agreement No. 5 for the financing of public facilities. ndtttons of Approval ntattve Tract No. 23371 Mended ~o. ! Page 34. ¥tth the submittal of butldtng plans to the Department of Building and Safety the developer w?11 demonstrate compliance wtth the acoustical study I~epared for Vesttrig Tentative Tract 23371 ~nended #o. l w~fch established appropriate mttfgatton masures to reduce ambtent interior noise levels to 45 Ldn and extertor notse levels below 65'Ldn. c. ~oof-mounted mechanical equipment shall not be permitted wtthtn the suMivtston, except for the clubhouse vhtch my have screened equipment as approved by Planntng Director. However Solar equipment or any other energy saytrig devices shall be permitted w~th Planntng Department approval. (Amended by Planning Commission d. Building separation between all Buildings Including fireplaces shall not be less than ten (10) feet unless approved by Department of "But141ng and Safety and Ftre Depar_tment per $pectftc Plan No. lgg knendment #o. ( by 1. Amended Planntng Commission 10-$-88) e. All street stale ~rd setbacks shall be a mtntmum of 10 feet. f. All front ~rds shall be provtded with landscaping and automatic Irrigation. Prior to the tssuance of O¢¢UPA~ICY P£~]TS the following conditions shall be s&t! sft ed: Prtor to the final butldtng Inspection approval. by the Butldtng and lafe~y Department, walls shall be constructed along Katser Parkway and ancno California Road, La Serena Way, Kaiser Park Way and ~rgarlta Road per the Destgn Hanual. The requtred wall shall be sub~ect to the approval of the DtreFtor of the Department of Butldtng and Safety an~ the Planntng Dtrec~or aria may be phased wtthtn the pro~ect (A~endea b~Plann~ng Commission 10-5-88). b. ~11 and/or fence locations shall confom to attached Figure III-17 of $peclftc Plan No. 19g Amendment No. 1. c. All landscaping and trrlgatloh shall be Installed tn accordance ~tth approved plans prtor to the tssuance of occupancy permtts. If seasonal · conditions do not permtt planting, tntertm landscaping and erosion control measures shallbe uttllzed as approved by the Planntng Dtrector· and the Director of Building and Safety. d. M1 park1 landscaping and Irrigation she11 be Installed In accordance ~th approved plans and shall be vertfted by a Planntng Department fteld Inspection. Conditions of ~pprova~ Tentative Tract #o. 23371 Amended NO. 1 Page 10 e.--ConErete-*s4dewa~ks-ska~-be-coas~rve~ed-~rovgkou~-~#e-Gdbd4v~s4:~ ~ 8¢co~dance-w4th-t~e-s~anda~ds-of-G~d4nanee-461-a~d-$pe~4Y4e--P3aa--#o~ &OO-~aendnen~-No~-~ (Delete b~ P~ann~ng Conn~ss~on ~0-S-88) 35. f. $~reet trees shall be planted throughout the subdivision tn accordance ulth the standards of Ordinance 460 and Spectftc Pla~ Amendment No, 1 ~evelopment of Vesttng Tentative Tract No. Z3371 Amended No. ! sha~l comply wtth all provisions of Spectftc Plan No. 199 Amendment No. 1 and Development Agreement No. 5. KG:mcb:mp LAND USE . VACANT VA~KNT HILLY SP 199 VAC I/IARGARITA VILLAGE "---- I" t',-I... ~ HILLY ~"-- :l O.CHA"O.. RES VACANT '--i HILLY RE$10E .N'~..~L VACANT : ??..-: Hill a 4,~10 VACANT HI!! ..... VACANT VACANT SPECIFIC PLAN OF LAND USE . ' ' ~ ~ - Element so. O[NERA~ ~kRNY,RANCHO VIST e~ ---'% ~ RANCHO EXISTING ZONING I $p 199 · *.. R-A-20 R-A-I/2 R-R App. UIt Area KACOR -' SPECIFIC PLAN OF LAND USE RANCHO CAL '-' I.OCATI0.NAI., MAP Sup. Dist. q Circularbit It~NCHO CALIF. RD.,MARGARITA RD. I10' Ellmild SO. GENERAL KEARNY, RANCHO VIST~ iS' Rd. lk.l"g.e"'[ Dale 3-13-86 Cka~ By ~ ..... RIVE'~Z)E' CO(~V7~ P[.AA,'NIN6' ~)E'PARTMENT .o mCAL~' iALIFORNtA lOAD LeRoy D. Smoot OFFICE OF ROAD COMMISSIONER 8 COUNTY ,SURVEYOR September 30, 1988 liverside County Planning CMatsslon 4080Lemon Street Riverside, CA gZS01 Re :" IJdtls end Gentleman: Trect Kip Z3371 - Amlnd tl - Road Correction Schedule A - Tell SP I(Ip tl Vlth respect to the conditions of approval for the referenced tentative 1&rid division map, the Road DepArtment recommends Chat. the landdivider provide the folioring ,trier improvement plans and/or raid dedications in accord&nee vtth OT~lnance 460 and Riverside County Paid Zmprovement Standards (Ordinance 461). Zt is understood that the tentative lip correctly sho~s acceptable centerline profiles, al1 existing easements, traveled vlys, and dretnage courses vlth approprllte q's, and that their emtsslon or unacceptlblllty my require the mp to be resubmitted for further consideration. These Ordinances and the foiloffing conditions are essential parts and a requlrement occurring In ON£ is as binding as though occurring in a11. They are intended be complementary Ind to describe the conditions Car a complete design of t~ improvement. All questions regarding the true meaning of the conditions shall be Commissioner's Office. '. referred to the Road The land~tvider shall protect do~streem prOper~les from damages caused by alteration of the dr&lnage potelmS, i.e., concentra- tion of diversion of flor. Protection shall be provided by constructing adequate drainage facilities Including enlarging extstlng f&cllltles'or by securing a drainage easement or by both. All drainage easements shall be sho~n on the final map and noted Is Collows: "Drainage [esemlnt - no tmilding, obstructions, or encroachments by land fills are allo~ed". The protection shall be as approved by thl Road Department. The landdivider shall accept and properly dispose Oflall offsite dralnsgt flowing onto or through the site. In the event the Road Cm~nlssloner permits thl use of streets for drainage purposes, the provisions of Article XZ of Ordinance No. 460 will apply. Should the quantities exceed the sireli capacity or the use of streets be prohlblted for drainage purposes, the subdivider shall provide adequate dretnage- f&cllitles as approved by the Road Department. J o. , TrAct ~' 2337! - Amend Siptimber 30, 2988 Correction I(ap ~! 0 :8. 10. '$2. %3. ~or drAinAge Is Involved on this 1Anddivtslon And its resolution shall be As Approved by the RoAd Dlpar~ent. Kaiser PArkay shall be laproved wtthtn the dedicated right of way In accordance with County StAndard No. 10!, (38'/50'). LI ~erenA klay shall be Improved within the dedicated right of ~ay tn &ccordAnce with County StAndArd No. %02, (32'/44'). Street 'A', 'B' (from Street 'C' to 'D') shall be ImproVed &pproved by the RoAd Commissioner. Street 'B" (from Street 'D' to "E' And from Street 'C" to LA Serena WAy} And Street 'C' (from Street 'B' to Approximately 700' ~est of Kaiser Parkway) shall be Improved tn Accordance wtth I~dtfled County StAndard N~. !03, Section A. (48'/48'). Street "C" (700'= westerly of Kaiser PArkway) shall be Improved in tccordance with HodSfled County Standard No. !02, (60'/60'). Street "X", Street "B" (from Street Street "B" to Street "SS") shall be Improved Nodtried County Standard No. %03, Section A. Street "1~t" (from in AccordAnce wtth (44'/44'). Street "R", shall be improved tn AccordAnce with Modified County StAndArd No. 104, Section A. (40'/40'), . Streets "D" thru "H" "%", "J" thru "Q", "S" thru "W", "Y" thru "DD" Street, "EE", Street "FF", "GG" thru "LL", Street "Hid" (from Street 'SS' Sly), Streets 'NN' thru 'AAA' lnd t~o unnamed streets running between Street 'B' And 'BB' And between Street 'B" And Street 'CC" shall be Improved In Accordance with HodSfled County Standard NO. 105, Section A. (36'/36'). South GenerAl Kearn.y RoAd shall be Improved within the dedicated right of way In &ccordAnce with County StAndArd No. 103, Section A. (Z2'/33'). lt llmMIvfder shall provide utility cleAr&nee from Rancho Calif. tietar District prior to the recordation of the fln&l ip. 14. 15. l~emaxl~lcenterllna gradient shall not exceed 15X. ~e minimum centerline radii' ~hall be ·s approved by the Road Department. 16. Rancho Calif. Road end Rirgart'te Road shall be Improved with concrete curb and gutter located 43 feet from centerline and match " op asphalt concrete pavtng~ reconstruction; or reCurfacia9 of existing paving is determined by the Road Commissioner mthln a 55 foot half ~ldth dedicated right of my In accordance vlth County · Standard No. 100. 17. Prior to the filing of the final mp with the County. Recorder's Office, the developer shall provide evidence'of continuous maintenance of ill proposed private streets ~tthtn the development · s approved by the Road con~tsstoner. 18. Sldewalks within the development shill'be ·s approved by the Road Commissioner. The mtnlmum lot frontages along the cul-de-sacs and knuckles shall be 35 feet unless otherwise specified In the particular zontng classification. 20. All driveways shall conform to the applicable Riverside County Standards and shall be sho~ on the street Improvement plans. A minimum of four feet of full height curb shall be constructed between driveways. 21. Vhen blockwalls are requtred t~ be constructed on top of slope, a debrts retention ~all shall be constructed it the street right, of way line to prevent sllting of sidewalks is approved by the Road Con~Issioner. 22. The minimum garage setback shall be 30 feet measured from the face of curb. Should the developer provtde evidence of roli up doors on the butldtng plans, a reduction of 4' may be ·11owed but In no case shall the garage be closer than 20feet fro~ back of std~alk or curb tn the absence of sidewalk. 23. Z4. Primary end secondary access roads to the nearest paved road main- rained by the County shall be constructed within the public right of w!~ In accordance with county Standard No. 106, Section g, (32'/ /60'3 ·t · grade and ·llgnMnt as approved by the Road connlssfoner. Prior to the recordation oft he elna1 map, the developer shall deposit vrlth the Riverside County Road Department, I cash sul of $150.00per lot as mitigation for traffic signal Impacts. Should , ct 73371 - Mend #1 - ad COTTatrim ~p fl 2S. 26. 27. 30. 31. 32. "33. :34. tk. developer choose to defer'tM tim of payment. M my enter into a vritten agrumnt with the County d. ferrlng said piyment to the ZIm of Issuance of · building peruIt. Zmprovmnent plans shall be based upon. a_~ntJr.11.no pt?file ox. tendlng · minimum of 300 feet beyond ~he pro3ec~ oounGirles at I grIGe Ind alignment as approved by the Riverside County Road Con, listener. completion of road Improvements does not imply acceptance for maintenance by County. k'!ectrlcal and connunications trenches shall be provided In accordance with Ordinance 461. Standard 817. Aspbaltic mulsion (fog seal) shall be applied not less than fourteen days following placement of the asphalt surfacing and shall be applied at a rate of O.OS gallon per square ~lrd. Asphalt emulsion shall conram to Secttons 37. 39 lad 94 of the S~lte Standard Specifications. Standard cul-de-sacs and knuckles and offset cul-de-sacs shall be constructed throghout the landdivision. Corner cutbacks in conformance with County Standard No. 805 shall be shown on the final Imp and offered for dedication where applicable. Lot access shall be restricted on Rancho Clllfornfa~Koad. Mmrgarlta Road. raiser Parkay end LI Serena Idl~&nd so noted be ~Ae final nap. Landdivisions creating cut or fill slopes adjacent to the streets shall provide erosion control. sight distance control and slope* easements as approved by the Road Department. All centerline Intersections shall be it gO'. The street design and Improvement concept of this project shall be coordinated with TR 23372 and TR 23373. Street lighting shm]! be required In accordance with Ordinance 460 and 46! throughout the subdivision. The County Service Area (CSA) Mmlnlstr&tor detemines uhether ~hls proposal qualifies under an ., ,Tr, aCt, Kip 2337~ - Amend JX .- Road Correction Fhp J! , Sept-~dd)er 30, 1988 I'age u 3S. 36. 37. existing assessment distrlct_~r_not. If n.o.t.t.h?_l?n_d_o_vner' she1.1 file an applJc&tlon with LAF~ for annexation In.~??r_creacton OT I 'Lighting Assessment District' tn accordance WiTh ~overnmntal Code Section S6000. All private and public entrances end/or IntersectJ. on.s opposite this pro~ect sh&11 be coordinated vl~h thts prolect &n~ Shorn on the street Improvement plans. A striping plan Is required for Rancho collfornl& Road. of the existing striping shall be the responslblll~Y of t~e removal applicant, Traffic signing and striping shall be done b~ County forces With 811 Incurred costs borne b~ the applicant. The .win entrance gate shall be located a mtnlmum of 160' from the ~ov line of Rancho C~lifornla Road. GH:lh /_' Gus ~ghes ... r-~r' Road Dtvtston E:ngtneer County ol ~IVERSID£ COUNTY PLANNING OEPARTHE#T DATE:: July 2~. Iq88 Attn: ~.Cethv Gifford jr~OM: ~'gm'RoT~'nez~ lt,S..~Sr% Slnltarlln. EnvlronMntml #emlth ~ervVce~ Tract 23171. Amended No. I ,he Envlromnentel Health Services his reviewed Tract Kip 23371, Amended Kip Iio. I ditad July 19, 1988. Our curran: commnts vill remain as previously stated In our letter dated June 13. 1988 RIVERS:DE CO~JI'~Ty PLA!~'~¢G DEPARI'ME~T '" "COUNTY c., .I IVERSIDE I)EPARTMENT of HEALTH I¥1 #l~q IVAC? m&~ (POST 0~,~ ~o~ re?o}. t~vf~f0~.G~. Otl0l June 13. 1088 RIV~:RSIDECOU~TY PLAN~INGDEPT. 4080 Lemon Street Riverside, CA 02502 JUN RIVEK::;IUE COUNTY PLANNING DEPARTMENT Atari: Kathy 0ifford J~E; TRACT MAP 23371: That certain land situated in the unincorporated territory of the County of Riverside. State of California. being Parcels I. 2.3.4 and S of Parcel Hap 21884 as shown on a map thereof filed in Book 144. Pages 24 through 33 of Parcel Haps in the Office of the County Recorder of said Riverside County together with t portion of the Rancho Temecula granted by the Government of the United States of America to Luis Vignes by patent dated January 28S0 and recorded in the Office of the County Recorder of San Diego County, California (1,029 Lots) Gentlemen: The Department of Public Health has reviewed Tentative Hap No. 23371 and recommends that: X water system shall be installed according to plans and specificiLion &s approved by the water company and the Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with · minimum ~cale not less than one inch equals 200 feet, along with the original drawing to the County Surveyor. The prints shall show the internal pipe diameter, location of valves.and fire hydrants; pipe ~oint specifications, and the size of the main &t the lunctton of the new system to the existing system. The plans sh~ll comply in all respects with ~iv. S, Part 1, Chapter 7 of the California Health ·nd Safety Code, California Administrative Code, Title II, Chapter 16, and ~eneral Order No. 103 of the Public Utilities Commission of the State of California, when applicable. l~tverstde County Planning Dept. Page Two .. AStra: ]C&Lhy Gifford The plsAI shall be signed by a registered engineer and water company with the Following certification: 'I certify that the design of the vicar system in Tract Nap 23371 is accordance with the water system expansion plans of the Rancho California Water District and that the water service,storage and distribution system viii be adequate to provide water service to such tract. This certification does not constitute & .guarantee that it viii supply water to such tract at any specific quantities, floes or pressures for fire protection or any other purpose'. Tlail certification shall be signed by a responsible official of the water tg£ t g£ll_0l£ist_tg_£t it _lt_ttlal_t g_ tt t_u£1g£_tg This Department his a statement from the Rancho California VaLor DilLticS agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It viii be necessary for the financial arrangements to be made prior to the recordation of the Final map. This Department has t Iratemeat from the Eastern ~unicipal Water District agreeing to alloy the subdivision sewage lye~em to be connected to the levers of the District. The sever system Ihali be instilled according to plans and specifications as approved by the District, the County Surveyor and the Health Department. Permanent prints of the plans of the sever system shall be submitLed in triplicate, ilsrig with the original dr&vine, to the County Surveyor. The prints shall show the internal pipe diameter, location of manholes, complete profiles. pipe and ~oint specifications and the size or the severs at the ~unctton or the new system to the existing system. A single plat indiciatag locaLion of sever lines and valor lines shall be a portion of the sewage plans and profiles. The plans shall be signed by a registered engineer and the sever district with the Following certirtcutton: 'I certify that the design of the sever system in Tract Nap 23371 is in accordance with the sever system expansion plans of the Eastern Nunicipal ~ater District aJ~d that the waste disposal system is adequate at Riverside County Page Three ATTJ4: Kathy oaf ford .~me 33, 2988 this time to treat the Inttctpated vistas From the proposed tract.' t9-£tz~t~-iLltlll_i~0_~tt~l_u£1/£_ia_lbt_£tgalxl_£i£_ihl It viii be necessary for Financial arrangements to be Ride prJor to the recordation of the rinil map. ~ sM:tic RIVERSIDE COUNTY FL-OOD CONTROL. AND WATER CONSERVATION DISTRICT Riverside County Planning Department CountzAdetntstrattve Center Riverside, California Attention: Megtonal Area: Re: .4me~d,d No. I have reviewed this case and have the following Clanants: Except for nuisance nature local runoff uhtch may traverse porttons of the property the project ts considered free from ordinary storm f~ood hazard. However, e storm of unusual magnitude could cause some damage. New construc- tion should comply with all applicable ordinances. . The topography of the area conststs of well deftned ridges and natural water- courses uhtch traverse the property. There ts adequate area outstde of the natural watercourses for butldtng sites. The natural watercourses should be kept free of buildings and obstructions in order to matntatn 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 stattng, "All new buildings shall be floodproo~ed by e~evattng the ftntshed ~oors a minimum of 18 Inches above adjacent ground surface. Erosion protection shall be provtded for mobtle home supports." This project ts tn the . Area drainage plan fees shall be patd tn accordance with the applJcable rules and regulations. The proposed zontng ts consistent wtth existtrig flood hazards. Some flood control facilities or floodproofing may be required to fully develop to the taplled denstry. The D!strlct's report dated ::T-~e 2o, II#t ts stt11 current for this prelect. 7h~Dlstrlct does not object to the proposed mtnor change. attached connents appl~. Very trul~ yours, RIV[R$IDE COUNTY FLOOD CONTIROl- AND ~VATEFt CON$£RVATION DISTRICT ,3'une 20, 1988 IIII MAIKrr rrRIrr 'I'B, JEPNO#E ('/14) I'e'/-i~lg, Riverside County Planning Depot t~nent County administrative Center Riverside, California AttendLent Specific Plans Kathy Gi£ford Z~les and Gentlemeat Re~ Vesting Tract 23371 This is · proposal to divide about 400 acres in the Temecula Valley area. The site is along the east side of Nargarita Road between Rancho California Road and La Serena Way. This pro~ect is ·portion of Specific Plan 199 (Margarita Village). Offsite flows from two meier watersheds are tributary to the eite'e northeast and southeast corners. The applicant proposes to accept and convey the flows from the northeast with a storm drain system, and the flows from the southeast with a golf course grabs channel from where the flows cross under Rancho California Road in · culvert. Oneits flows~ould be drained into the above two systems with streets and storm drains according to their natural drainage pat- tern. Ac~ording to the applicant, the site would be roughly graded with o//site and oneits flows directed into the proposed golf course and temporary drainage facilities. This is allowable if the natural drainage patterns are preserved and the temporary facilities have the 100 year storm capacities. ZfolXowlng are the Dlstrict's reconnendationst This tract is located within the limits of the Mugtiara Cr®ek/Temecula Valley Area Dr·image Plan for ~hich drainage fees have been adopted by the Board. Drainage fees shall be paid as set forth under the provisions of the 'Rules and Regulations for Administration of Area Drain&re Plans', amended February 16, 1988t Drainage fees shall be paid to the Road Commissioner · s part oft he filing for record of the subdivision final map or parcel map, or if the recording of a final parcel map is waived, drainage fees shall be paid as i condition of the Waiver.prior to recording · certificate of compliance evideJJ~ing the waiver of the Parcel map! or Riverside County Planning Department Re, Vesting Tract 23371 -2- June 20, 1988 At the option of the land divider, upon filing · re- quired affidavit requesting defermeat of the peMment of fees, the drainage fees may be paid to the Building Director at the time of issuance of a grad- ,ns permit or building permit for each approved par- eel, whichever may be first obtained after the recording of the subdivision final map or parcel map~ provided however, this option to defer the fees may not be exercised for any parcel where grading or structures have been initiated on the parcel within the prior 3 year period, or permits for either ac- tivity have been issued on that Parcel which remain active. Pads should be elevated at least I foot above the 100 year ~1ood plain in the adjacent drainage facilities. Erosion protection should be provided for all fill slopes exposed to the potential erosion hazards. Hydrological and hydrsulic calculations for both the tem- porary and ultimate drainage facilities should be submit- ted to the District for approval. 0 Onsite drainage facilities located outside of road right of way should be contained within drainage easements shown on the final map. A note should be added to the final map stating, "Drainage easements shall be kept free of buildings and obstructions". 0,,site drainage facilities should be located within publicly dedicated drainage easements obtained fromthe affected property owners. The documents should be re- corded and a copy submitted to the District prior to recordation of the final map. All lots should be graded to drain to the adjacent street or an adequate outlet. The l0 year storm flow should be contained within the curb and the 100 year storm flow should be contained within t. he street right of way. When either of these criteria is exceeded, additional drainage facilities should be Aristalied. Drainage facilities outletting sump conditions should be designed to convey the tributary 100 year storm flows. Additional emexgency escape should also be provided. liveraide County Rot Ves~;lng TTact 23371 -3- ~une 20, 1988 10. The property*8 street and lot grading should be designe~ An .a manner that perpetuates the existing natural drainage patterns vith respect to tributary drainage area, outlet points and outlet conditions, otherwise, a drainage easement should be obtained from the effected property owners for the release of concentrated or di- verted storm flows. A color of the recorded drainage easement should be submitted ~o the District for review prior to the recordation of the final map. If the tract is built in phases, each phase shhll be pro- tected from the I in 100 year tributary storm flows. Temporary erosion control measures should be ~mplemente~ lnu~ediately following rough grading to prevent deposition of debris onto downstream properties or drainage £acllitiee. Development of this property should be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another, This may require ~he construction of temporary drainage facilities or offsite construction and grading. 13. Evidence of a viable maintenance mechanism should be sub- nitted to the District and County for review and approval prior to recordation of the final map. 14. A COl~ of the improvement plans, grading plans and final map along with supporting hydrologic and hydraulic cal- culations should be submitted to the District via the Road Department for review and approval prior to recorda- tion of the final map. Grading plans should be approved prAo~ to Asauanca of grading permits. ~ues~lons concerning this matter maybe referred to Robert Chl&ng oft. his office at 714/78702333. Very truly yours, KENNETH L. EDWARDS cct Rick Engineering Company .~enior Civil Engineer 4O80 Lmm ~ Sub I IL IJ1,m~, CA ~2S01 (?14) ?874406 11)I ~ 2337X - ~I) IX, IOAZ) COX.~CTXON With respect to the saudiclans of approval for the above referenced land division, the Yire Departuent geesesends the following fire protection usaseres be provided in accordance vithlAveraide County Ordinaucea and/or recognized fire protection standards: TZ~ PROT£CTIOH The vater s~sius shall be capable of providing · potential fire flay of 2500GPH and au actual fire flay available from an7 one hydrant shall be iS00 GPHfor 2 hours duration at 20 PSi residual operating pressure. Approved nuptr fire hydrants, (6"xA"xYixYJ) shall be located at emc~ street. %acersection and spaced not more than 330 feet Split In any dlrectiou vith us portion of an~ lot frontage more than X6S feet from ashydrank. Applicant/developer shall furnish one copy of the voter system plans ~o t~e Fire Department for review. Plans shall conform to fire hydrant types, location and opecins, and, the syateu shall ueet the fire flay requirements. ~lans shall be gigned/approved by a registered civil engineer and the local voter company rich the foilerins'certification: aI certify that the design of the voter systests in accordance rich the requirements prescribed by the lAverside County FAre I~artnent.n TAro flays for the eauetA7 elub vfiAbe deteruluedvheu plot plau ls.revieved. The requires voter s7steu, ~nclod/ns firs hydrants, shall be installed and accepted by the appropriate voter agency prior to any coubu.t~ble bulldiuluaterioX be~ng ~loced on an Individual lot. ' All buildings shall be constructed vtth fire retardant roefLus material is de,crtbed lu Sectiou 3203 of the Uniform Building Code. Aay Mood shinSIts or Shakes shall have · Class nS# retina and shall be approved by the Deportneat prior to Lustall·tiaa. ~ract 2337! Prior to the record·eLse of the final u~p, the developer oh&~l deposLt vLth the Riverside Count7 Fire Depertuent, · sash mm of 4~00,00 per ~ot/uult is uitLSetlon for fLre protection ~Bpects. Should the developer choose to defer the the of pe:ruent, he/she uay enter into · vritten airesneet rich the Count! deferrLu~ ss~d peynent to the t~ue of Issuance of · huLldin8 petlAt. JGl questions resardlns the ueenl~S of eondItlous aha2~ be referred to the fire DepartBunt fAanulua and tnAineerIus staff. IATHOHDI. IZGZS BTGeorse Tetun, FZenulns Officer DEPARTMENT OF TRANSPOR ~ ~TION Development !toyicy 08-Rtv-lS-q Your Reference: Releted to SP 199 Ylenntng DeportBent JttentSon Eethy Gifford County of Riverside ~080 Lemon Street RLversLde, CA 92501 Deer Hi. G~ffords Thauk you for the opportunity to reviev the proposed Vesting Treets 233710 23372, snd 23~73 1oel~ed elsterry of Io15 ~nd ~n Rancho California. ?lease refer to the attached material on whioh our comments have been tedLeered by the items ehecked and/or by those items noted under &dd~tional comments, %f 8ny work ts necessary within the state hlshway rLsht of way, the developer must obtain an encroachment permit from the Coltrans District 8 Permit Office prior to bestnninl work. 7f eddttl~nel information is desired, please call Mr. Petrick M. Cormally st (?lq) 383-~38#. truly yours, n. I. LEWAN~OWiK! District Permits £nfineer Art. ool Lee Johnson, Riverside County Road Department This portion of state highMay has been offtelally designated as a state scenic hla~May, mad developmerit in th~a corridor should be cc~pBtible with the scenic .lfir~May concept. ~t.' is ~eeoGnizod that there is considerable public coneere about noise levels adjacent to heavily traveled hi~ays. Land development, in ~ede~ to be ec~pntible - with this emcern, my require special noise attenuation measures. Developne~t of property should include any necessary noise attenuation. No~al right of ~ay dedication to I)rov/de llora~ street improveneats to provide Curb and ~utter~ State Standard , half-width on the state hia, hww. . half-width on the state hisby. along the state hL~sy. Farkin8 be prohibited along the at~te hl~May by painting the curb red rand/or by the proper placeneat of 'no parkink' ai~na. radius curb returns be provided at intersections with the state l'~ndard uheel~uLr ran~ mdst be provided in the returns, A~osttive vehicular barrier clans the property frontese be provided to I~YS~Ol oQ~ess to the state VeMcul~ leoess not be develoged dS~eotly to the stat~ hiib~ay, Td~tcubr o~ess to the state hl$~sy be provided b~ existinS public rMd ~tcular uc~ess to the state hl~ny be p~ovtded by standard mess shill not be p~ovided within of the intersection at Td~lculmr Becess to the state hir~M8~ be p.-ovided by a roadotype connection. 'F~rm 8,-.PD'19 CRev. S/B7) (Continued on reverse) Assess points to t distance for state hllhuBy be developed in a' mph &Inns the state Mfhuuy. Aner that Will PrOvide LBudsoepin~ alertS the state highway be 10~ and Forliving in nature. A leftstorn lane, ~neludtns any naeessa~ Widening, be provided on the state the interNetim of end J t~afffle study indiestin[ ~u-~nd o~fe~te flue patterns Bed vol~es, Probable fn~octe, and proposed mitigation mssurea be Prepared. Adequate offooY~oe~ parkir~, vd'd. ch does not require bockin~ onto the state highway, be provided. F~rkln~ lot be developed in i manner that will not cause Buy vehicular novcheat oemfll~to, lnoluding perking stall entrance and exit, witlain or the ~trenoe frae the state hLSIMM. Handicap 1:4rlcinl, not be developed ~n the busy drivevly entrance it#. C~re be taken Vhen developing this property to preserve Ind perpetuate the existing drainage I~ttern of the state highMay. Particular consideration should be given to c~u~4.lstive increased stc~ r~noff to insure that I h~h~ay drainage problen is not oreoted. Any necessary n~ise eatonunties be provided Is part of the developeeat of th~s property. Please refer to etaached edditionLl consents. JI copy of any conditions of approval Or revised JL espy of' any doeLuuente providing additional state hl~lM¥ right of' ray upon "' recordation oF'the top. _~Any proposals to further develop th~s property. J espy of the traffic or Buvlro~enta2 JtudT, ~ required. ,A cheek print of the Paree2 zr Trm~ Jf~p, ~f required. cheek print oF the ?lane for us7 ~ave~ents within the state highway right of u!Y, If required. check print oF the Gradins Bud griirdge PIBUo for this property vhen svilla~!e. Riverside County Planning Department · 080 Leuon Street, 9th Floor ]tive~oide, California 0250:2 RIVERStDE COUNTY PLANNING DEPARTMENT Attention: Yathy Gifford, Planner Jteja~d~nf: Yesting Tracts*. 23371, 23372 ~d 23373 ~g~ta V~llmge ~*Hs. Gifford: We a~e'ln receipt of your letters dated June 1, 1.q88; received by this 'office on June 9, 1988. St. Deputy Sni~ders has reviewed the 'material, end ~e offer ~he following info~atton for your upcon~ng ~oJ~ 233~1, wi31 ~crease the population ~o~h by approx~ately q,788; pro, act 23372 will increase Xh~ population by approximately 1,936; and pro, act 23~73 will increase the population by approximately 1,392. ~e combined pro~ecXs, upon complexion will impact the Rancho Califo~ia ~ea bY an increase of 8,116 persons. These figures are a~ived ~ by ass~ing that all residences have a minim~ of three bed~. The desirable resident/deputy ratio is 1.5 deputies per 1,000 persons. This pro~ect, upon completion of all three phases, will require 12.1 deputies to facilitate law'enforcement protection. Xt As of importance to note that this area is within our designated Beat ~1 area, with an existing population of approximately ,3,000 per- sons. At present, we have one deputy to cover this area. · If y~u~have any further questions or concerns in regards to the ~for~ation offered, please do not hesitate to contact this office. S~otrely, Lake Elsinore Station CITY OF TEMECULA AGENDA REPORT AB#: *-~ TZTLE: DEPT HD HTG: 7-~-4-q= FINAL PARCEL MAP 22886 CITY ATTY DEPT: P~. CITY HGR Recc,,,',.*~ ~ ~ ,clarion That the City Council APPROVE Final Parcel Map 22886, subject to the Conditions of Approval. Discussion Tentative Parcel Map No. 22886 was submitted to the Riverside County Plannin9 Department on June 21, 1988 and was approved by the Riverside County Board of Supervisors on February 7, 1989. The project is a schedule "E" commercial parcel map located west of Jefferson Avenue and south of Winchester Road. The parcel map, upon recordation, will create 3 lots varying in size from 1.29 acres to 1.67 acres from an existin9 ~.3 acre parcel. The applicant is James L. Ramsey. The engineer is Soil Tech, Inc. Two existing uses are on the site, Burger King on Parcel One and Rancho Carpets on a portion of Parcel three. No bonds were required to be posted for the project. A street light will be installed by the developer at the Burger King location upon final approval of the plans by Southern California Edison. The Project has paid the following fees: Flood Control Traffic Signal Mitigation $ 8,~71.00 $ 10,750.00 Sul/in~r'y Staff recommends that the City Council APPROVE Final Parcel Map 22886, subject to the Conditions of Approval. OFFICE OF THE ROAD COMMISSIONER AND COUNTY SURVEYOR COUNTY OF RIVERSIDE Ivan F. Tennant Actin9 Road Commissioner County Administrative Center #ailing Address: PO Box 1090 Riverside, CA 92502 Telephone (714) 787-6554 June 28, 1990 SUBMITTAL TO FRANK ALESHIRE, CITY MANAGER OF THE CITY OF TEMECULA FROM: Actin9 City En9ineer for the City of Temecula SUBJECT: Parcel Map 22886 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. Actin9 City Engineer IFT:GAS:MSB:rdb OFFICE OF T~R ROAD COMMISSIONER AND COUNTY 'SURVEYOR COUNTY OF RIVERSIDE Ivan F. Tennant Acting Road Commissioner County Administrative Center ~.ailing Address: PO Box 1090 Riverside, CA 92502 Telephone (714) 787-6554 June 28, 1990 SUBMITTAL TO THE CITY CLERK OF T~ CITY OF TEMECULA FRO~: SUBJECT: Acting City Engineer for the City of Temecula Parcel Map 22886 in the First Supervisorial District SPECIFIC REQUEST: Pursuant to the Subdivision Map Act and local ordinance it REQUESTED that you place your signature on the above referenced Map and transmit it to the Recorder's Office. is All required certificates and documents have been filed and the map is ready for recordation. Acting City Engineer qiVE:I)iDE councv DATE February 7. ~,8,'l)LAn a' RcmEnc To: s.. or u SEP Road Butldtng i Safety ttlVERSIDE COUNTY Flood Control Health R~AD OEPARTMENT Fire Protection RE: TENTATZVE RIRIKX/PARCEL MAP NO. 22886 REGIONAL TEAH NO. One The Riverside County r-! Planntng Dtrector/!~iBoard of Supervisors has taken the following action on the above referenced tentative map: XX APPROVED tentative map subject to the attached conditions (no rotvet request submitted). DENIED tentative map based on the ittached findings. APPROVED tentative map subject to Ittached condtttms and DENZED request for vatvet of the final top. APPROVED tentative map and APPROVED request for watver of the ftnal map. APPROVED ! Extension of Ttm to Ill previously ipproged *con,cljtJons. , ~ · APPROVED ~. Extension of-Ttne.to .... Ill previously Ippmve.d,c~ndtttons Ind.the attached a. ddttf. onal conditions. t' .- ..:-.', i.' ', DENIED Extenstcm of Time,'.'.' :~','.:',,'.- ...... .:~'.~:':~; ". ", '"-~. .' .... ' ) ' ' , ~- ' - ~ ,- .L..'.~ ' .- *- . /, I!/. I,. lief ,,, . ,,~; APPROVED wtthdrlwal of '~trUve map~-.~: ..... .' APPROVEO Mtnor Change to r~-~s~)~j~'t'~illy approved conditions as shown (attached) . APPROVED Mtnor Change to revtse ortglna11~ approved map (attached). subject to subject to DENZED request for Minor Change. APPROVED Mtnor Change to vatve the ftnll mp. Very truly ~ours, RZVERSIDE COUNTY PLMN]NG DEPARINENT Roger/~. St~ter.Planntng Director Kfm' Jartell 3ohnson, Sen{c;r Planner SURVEYOR -IdHZTE ROAD- BLUE m~m.,..m) HEALTH - PXNK BUZLDING &SAPETY-GREEN FIRE P~ION - ~L~NROD FLOOD- CANARY 4080 LEMON STREET, g~" FLOOR RIVERSIDE. CALIFORNIA g2501 (714) 787-8181 48-209 OASIS STREET, ROOM 304 INDIO. CALIFORNIA 92201 (619) 342-8277 , , COUNTY OF ~SID~. STA~ 0F ~FORNIA ~~: ~ATIVE P~CEL ' trtct -.~a~fornJa Area 4.30 ~say - First ~tsortal ~res - 3 Lots - Schedule E - C P-S Zonnng. lIECOMMENDED NOTION: RECEIVE AND FILE the above referenced case acted on by the Planning Caratssion on December 14, 1988. THE PLANHING COW4I SSION ADOPTED the Negative Declaration for Envfronmental Assessment 11o. 32883 based on the findings incorporated in the environmental assessment end the conclusion that the proposed project will not have a significant effect on the environment; and, APPROVED TENTATIVE PARCEL I~AP NO. 22886 AHD. 110. 1, subject to the attached conditions based on the ftndtngs and conclusions incorporated tn the Planntng Cawnisston mtnutes dated December 14, 1988. Roger~'Streeter, Plann ng ~c AGENDA Zontng Area: Rancho California Ftrst Supervtsortal Dtstrtct E.A. Number: 32883 Regional Team No. I PAICEL Rif NO. 22686 ~l~mED Ira. 1 Pl&nntng Conntsston: Continued from: 11-16-88 Agenda item No. 7-6 Appl 1cant: Engt near/Rap.: Type of Request: Locatio.: Extsttng Zontng: Surrounding Zontng: 7. Stte Land Use: 8. Surrounding Land Uses: 9. Comprehensive General Plan Designation: 10. Land D1vtston Data: 11. Acjenc~ Reconmmndattons: 12. Letters: 13. ~phere of Influence: IZV!~11~ ~ I~Jlllll~ DI3~T S~/U~ ~T Janes and lqaryannRamsay ~bb Hawktns and Associates To dtvtde 4.30 acres tnto 3 Schedule E commercial lots. South of ginchester and East of Jefferson Avenue. C-P-S C-P-S, R-R, C-l/C-P, N.-N and ~-SC The stte currently supports one service building. #tn~ Storage, Serv?ce Starton, Shopptng Center, Veterinary Office and 1-15. Land Use: Category II Total Acreage: 4.30 Total Lots: 3 Proposed Iqtn. Lot Stze: 1.28 acre gross See letters dated Road: 9-28-88 Health: 9-29-88 Flood: 9-29-88 Ft re: 9-27-88 Bldg. & Safety - Land Use: 9-26-88 Gradtng: 7-20-88 Co. Geologist: 9-07-88 Dept. of Trnsprtn.: 7-07-88 Opposing/Supporting: None recetved Not wtthtn a CIILy Sphere NIALVSlS: Project Description Cmmerctal Parcel Nap No. L~886, 4nended No. I ts a Schedule "E" subdivision ot' 4.30 acres tn the Rancho California - Temecula land use pollcy area. Located west of ~efferson Avenue and south of I~tnchester Road, thts tentative comerctal parcel map proposes the creatton of 3 lots wtth lot stzes varytng from 1.29 acres to 1.67 acres., 1'Mr:EL Jl~ NO. f2886 JN31X3) BO. 1 Staff kpa~ .Page 2 Planntng Staff ts currently revtedng Plot Plan #o. construct a Burger Ktng on Parcel No. 1 of thts map. Ijnd Use end Zentno: 10657, Anended No. 1 to The subject stte currently supports a servtce building. Surrounding land uses tnclude a mlnt-storage factllty end a servtce starton to the northwest, Itlnchester Square Shopplng Center across Jefferson Avenue to the southwest, a veterinary offtce to the southeast end I-1S to the northeast. The subject stte ts currently zoned C-P-S wlth R-R to the northwest and Southeast end C-1/C-P across Jefferson Avenue to the Southwest. Other zontng Jn the area tncludes C-P-S, 14-SC, C-l/C-P, R-R and Pl-H. bvtronmental Analysts: The lntttal study conducted for Environmental Assessment No. 32883 determined that the stte my tmpact or he tmpacted ~y fault hazard, liquefaction, floodtag, notse, Stephens Kangaroo Rat hobtrot, scentc htghway, archaeological Tesources, #t. Palomr Observatory and paleontologtcal resources. Project Conststancy/CemHttbt 1 try: The project stte 1t. wtthtn the Rancho california - Temecula Planntng Area. Rancho California - Teuecula Connuntty Pollctes state that future land uses wlthtn the 1-16 growth corridor shall conttnue to be Category I and Category II land uses. Due to the availability of all utilities to the stte, adequate ctrculatJon capactty end area cmapattbtltty, the stte satisfies the standards for category II land uses. category I! land uses tnclude Neighborhood Comerctal land uses. The project meets the lot stze requirements of the C-P-S zone, and the &ppltcable requirements of Ordinance 348 end Ordinance 460. Therefore, based on the foregoing, Staff finds the proposed project to be consistant vtth the ramera1 Plan. 1. 1he applicant ts proposing to sul)dtvtde a 4.30 acre stte tnto 3 connerctal lots. 2. lMrcel Nip 22886 ts · Schedule "E" Subdivision Mth a 1.29 acre .tntmum lot stze. 3. The project stte ts zoned C-P-S. 4. ~rrou~dtng land uses tn¢lude, m mtnt storage fac111t.y and a servtce stetton to the northvest, Idtnchester Square ShoPPotng Center to the Southuest, a vetertnar~ offtce to the southeast and ! 15 to the northeast. S. Surrounding zontng tncludes C-P-S, R-R, C-l/C-P, FIS(: and FiN. 6. The subject stta falls withtn the Rancho California - Temecula Coeuuuntty !~ll~ Area. 7. Environmental concerns Include fault hazard, liquefaction ~1oodlng, notse, ~tephens rangarco Rat Hebttat, scentc htghuay, archaeological resources, Nt. Paloar Observator~ and paleontologtcal resources. CONCLUSlOIIS: 1. The proposed counerctal parcel map. ts compatible with the established pattern of coanerctal land uses ano zoning tn the area. 2. The proposed 1.29 acre mtntmum lot stze ts consistent with the zontng and developant standards. 3. The proposed project ts consistent with the tntant of the Rancho Ci11fornta/Temcula Plan Area of the Riverside ~oun~y General Plan. 4. The subdivision meets the applicable requirements of Ordinance 348 and Ordinance 460. Al1 Lmvtronmental tuGuctwill be mtttgated to a level of Insignificant through project destgn and the conditions of approval. Based on the ftnd~ngs and conclusions Incorporated ~n the staff report, staff ficaminds. NNFFIOll of Negative Declaration for Env~romuntal Assessment No. 32883 based on the flndtngs Incorporated tn the tntttal study and the conclusion that the proposed pro;Ject utll not have a significant effect on the environment; and ;I~0VALOfTEITAITfEPKWI. :!fia6, ~ 10. l, sub3ect to the attached conditions of approval. ~lf:SC 10/31/88 ~ KNIIING I:I)11S10ERATIONS DECEIqBER 14, 1988 I~rcel Ikp NO. ~886 ms continued fore the November 16, 1988 Planntng Commtsston Imartng tn o~ler to comply Mth U~gency Interim O~dtnance No. 663. StAff his rtcetved I tr&nsmtttal from U.S. Ftsh and Itlldllfe, dated December 1, 1988, clear~ng the case for further actton by the County. I~CQI~ERDATZOfiS ksed on the ftndtngs and conclusions Incorporated tn the staff rmport, staff recommnds. J~X~l~ of Negattve Declaration for Environmental Assessment No. 32883 based on the ftndtngs Incorporated tn the tntttal study and the conclusion that the proposed project wtl1 not have a significant effect on the environment; and Jtlqql~AL of TERTATIVE PARCEL ~ I~. :~M6, JIREIIDB) frO. 1, subject to the attached conditions of approval. !~:SC ~/06/88 JAP..,K IN THE BOX mBEAL () LAND U8E VAC. COMM. 4.0~ INTO I ~,~ '.V ~[~ '~u. BS T.TL,.,R. MI'. Assessor's Bk. 910 ~.~ ' PM 22e86 ! EXlSTINO ZONINC~ I ~ M-SO '15 ,! IIGDIK Am..or'~ BK. ~0 ' I'1.t~C~4) C-,P-. LOC4TmA& MAP TENTATIVE PARC:EL ~4AP 22886 ~HEDULE 'E' ~tBDIVI$ION t ml ~l~lg g,amf m a,l g IZVEIS]~E C~INITT I~IN8 DEPAR1TENT ~BBITI~S OF APP~OVA~ 1. lke subdivider shall defend, Inclenally, and hold hamless the County of Riverside, 1es agents, officers, end employees frm any claim, action, or proceedtag against the County of Riverside its agents, officers, or ~ ~ Ilp1o)~es to attach, set aside, void, or annul an approval of the County of Riverside, 1es edvtsor~ agencies, appeal boards or legislative body ~,Aca,,ltng TENTATZVE PARCEL )lAP NO. 22886, N4ENDED NO. 1, .htch actton ts _brought vtthtn the tim Pertod provided for in California Government Code Section 66499.37. The County of Riverside wtll promptly nottry the subdivider of any such clatm, action, or proceeding agatnst the county of ~. Riverside and vtll cooperate fully in the defense. if the county fatls to .p .r~p. t.ly ~ottfy the subdivider of any such clatm, Ktton, or proceeding or ' Tails to cooperate fully tn the defense, the subdivider shall not, _thereafter, be responsible to defend, indemnify, or hold hemless the County of Riverside. e ~e tentative Parcel tip shall conform to the requirements of Ordinance 460, Scbedule E unless mdtfted by the conditions 11seed below. This &pproYed tentative parcel mp vtll expire t~o yoars after the Board of S~ervtsors approval date unless extended as provtded by Ordinance 460. l~e ftnal map shall be prepared by a registered civil engineer or licensed land surveyor sub,)act to all the reclutrements of the State of California Subdivision 14ip Act, Riverside County Subdivision Ordinance 460. e All road easements shall be offered for dedlc&tlon to the public and shall continue in force until the governing .body accepts or abandons such offers. A11 dedications shall be free Tree all encumbrances as approved by the County Road con,,tsstoner. Street names shall be subject to ilarOval of the Road Commissioner. 5. Ei._s_~_ts, .vhen. roqutr~d ~or roadway slopes, dretnmge flctltttes, ~tlltles, e~., $nmll ~ sh~ m tM ftnll mp tf ~thtn t~ lend dtvtstm ~unda~. All offers ~ ~dtcmtton shall provide for ~xcl~tN ~bllc ~d aM utt11W access. All ~swnts, offe~ of ~ cltt~ ~d ~nve~ances shell M ~tt~d Ind ~co~ed Is dl~cted b~ ~ Rtv~t~ ~ ~or. 6. Legal access as mqutred by Ordinance 460 shall be provided from the liteel mip boundary to e County maintained road. 7. All dallnquont property taxes shall be Imtd prior to recordation of the ftnal map. ' 1RIIATI~ FIBS. ~ ~. ClmHtl~ of ~1 ~. Prtor to ~!Y gradtng,· ~r&dtng Plan ~n c~,pl~ance wtt. h the Untform shall ~totl.dtng Co.de,_Chapt. er 70, is amended by Ordinance 457, she Coun~ ueparment of Butldtng end Safety. g. __l~e_..~bd. tvt. der .she1_1 comply~tth the street tmprevenent recmmwndattons og~llnea in the county mad Department's let,tar dat,ed 9-28-88, · copy of Ihtch I$ attached. 10. 1he subdivider shall comply vtt,h the e~vtremental he&lth recmmendattons ogtltned tn the County llealth Department's t,ransmtt,t,al dat,ed 9-29-88, a copy of ~htch Is attached. 11. 12. The suMtvtder shall comply vtth the flood control reconmmndattons outltned tn the Riverside County Plood Control Dtst~tct's let,t,er dated g.29-88, a copy of ~htch ts attached. Zf the land dtvlston 11es wtt,htn an adopted flood control dralnage area pursuant to Sect,ton 10.26 of Riverside Count,y Land D1vtston Ordinance 460, appropriate fees for the const,ruction of Ires dretnage factllt,tes shall be collected by the Road Coentsstoner prior to recordation of the ftnal nap roy vatvet of parcel nap. The sutx!tvtder shall comply vtth the ftre Improvement recmmwndattons outltned tn the Count~y Ftre Department,'s let,t,er dat,ed 9-27-88, a copy of Mhlch ts at,tached. 13. The subdivider shall comply vlt,h the recmm~ndattons outltned tn the Bulltit_rig end Safety De~rtment,: Lend Use Sectton's transmtt,t,al dat,ed 9-26-68, s copy of ~htch ts attached. 14. IS. 16. The subdivider shall comply wtth the recommender,tons outltned tn the 6utldlng and Safety Department: 6radtng Sactton's transmittal dat,ed 7-20-88, I copy of ~htch ts attached. The sulxltvtder shall comply vtth the recommendations outltned tn the County Geologist transmittal dated g-07-88, & copy of ~tch ts attached. l~e sulx!tvtder shall cmply vtth the recongnendattons outltned tn the _!~rtmnt of Transportatton's transmittal dated 7-07-88, & copy of' ~htch ls attached. 17. Lots created by thts subdivision shall be tn conformance vlt,h the 4evelolwnt standards of the C-P-S z~ne. TENTATTVE PA~CE~ ~AP NO. 22986 ~ED NO. ! Conditions of AIq~ovsl Page3 28. All lots created by thts l&nd dtvtston she11 have acres gross. 2g. klan lots I~ c~ssed by mJor ~blt~.utt11~ ~nts~ach lot shall ~ve I Mt usable i~a of not less than~ .~l~ ~t,. exclusive of the uttltty ~smnt. 20. All lot length to width rattos she11 be tn conromance with Sectton 3.8C of Ordinance 460. 21. All street 11ghts and other outdoor 11ghttng shall be shown on electrical plans su~ttted to the Department of Butldtng and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. GSS and the Riverside County Comprehensive General Plan. PRXOR TO RECORDATION OF THE FINAL MAP 22. JPrlor to ~co~lmtton of the final map · six foot high chain link d~lvmntzed ~ fence shall ~ tns~11~ mloq ~ m~Y 1t~ adjacent ~ 1-15. 23. Ato copy of the Environmental Constraints Sheet (ECS) shall be transmitted the Planning I~partmnt for review and approval. ENVIIKXgqEMTAL OXISlltAINT SHEET CONDITIONS 24. An Environ·write1 Constraints Sheet (ECS) shall be prepared with the final mp to dellnature 1dentilted environmental concerns and shall be pemanently ftled with the Office of the County Surveyor. Prior to the recordation of the ftnal map, a copy of the ECS shall be transmitted to the Planning I~e. part·ant for review and approval. The approved ECS shall be forwarded with coptes of the recorded ftnal map to the Planntng Department and the Department of Bulldtng and Safety. The following · ote(s) shall be placed on the Environmental constraints Sheet. ~lDmmnl~-~eologlcal Ibmport No. 4~9L ~ms prepared for thts property on 14arch 1988 by Sotl Tach and ts on ftle at the Riverside County Planntng Oeparlment. 26. The following note shall be placed on the final rap: affecting thts property are shown on the ·cc_Qmpanytng Constraints Sheet, the ortgtnal of whtch ts on ft1~ mt the Ittverstde County Survexor.' "Constraints Environmental office of the 1BITATIVE P/tRCEL ~ NO. 12886 /NilBE!) NO. 1 Conditions of Approve1 Page 4 Z7. Prtor to the Issuance of gradtag parmtts, the applicant shall comply vtth Ordinance No. 663 b.y paytag the fee required by that ordinance vhtch ts based on the gross acreage of the parcels proposed for development. Should Ordinance No. 633 be superceded by the provisions of e Habttet Conservation P]an prtor to the payment of the fees requtred by Ordinance No. 633, the applicant shall pay the fee requtred under the Habttat 'Conservation Plan as Implemented by County ordinance end resolution. (lklded per Planning Comntsston lZ-14-88). ~:SC 10/31/88 Riverside Count). Planning Coeanfsslon 4060 Lomon Street Riverside, CA g2SO! OFFICE OF ROAD COMM!$$10~'VER & COUNTY $L'R~EYOR Septenber 28, 1988 Re: Parcel Hip 22886 - Mend Schedule E - Team I Ladles and Marlmen: ¥tth respect to the conditions of approvil for the reforenced tentative land division Iip,.the Road Department rocmlnlnds thit the landdivider provide the following street. Improvement plans and/or re~d dedications tn accordance utth Ordinance 460 and Riverside Coun~ Road bprovenent Standards (Ordinance 461). It i$ understood that the tentative mp correctly shows acceptable centerline profiles, &11 existing easements, traveled ways, and drainage courses with appropriate q's, end that their omission or unacceptabtltq~lKy require themp to be resublltted for further consideration. These Ordinances and the following conditions ere essential parts and a requtrment occurring In ONE Is as binding IS though occurrtllg tn all. They are Intended to be complemntar~ and ~o describe the conditions for a complete design of the la~rovemnt. AI! questions reglrding the true meaning of the conditions shall be referred to the Road Comlsslonor's Office. .. 1. 1he landdivider shall protect dovnstreom properties from damgas caused by alteration of the drainage patterns, i.e., concentre- tlon'of diversion of flor. Protection shall be provided by constructing adequate drainage facilities Including enlarging extstlng facilities or by securing a drainage easemnt or by both. All drainage easements shall be shoNn on the final nip and noted as lolloffs: 'Drainage Easement. no building, obstructions, or encroachlints by land fills are aT10k~d'. The protection shall be as approved ~ the Road Department. 11l linddivider shall accept and proporly dispose of &11 offsite drainage fining onto or through the site. in the event the load CmlnlSSloner pomlts the use of streets for drainage i~_rposis~ W_provisions of Article X! o~fj~e~l~ce No. 460 k111 ipply. should the quantities exceno street capacity or the use of streets be prohibited for drainage. purposes, the subdivider shall provtde adequate drainage facilities as approved by the Road Department. -Parcel'~p 72886- hmnd #1 Page Z . Ilktot drainage is Involv,d on this landdivision end Its rasolutiofi. shell be is approved by the bd Department. The lenddivider shall camply vtth the~i~.trano recommendations as outlined In their letter dated July 7,-1988 ( e copy of uhtch ts detached), prtor to .~he recordation of the ftnal map. S. _Tl~.. liedally!der Ak411 provide 4L~111~ 'L~el~ h ~:~'~ Callf.- .~Kiila IllIra' District prior to l~e recordetlon of the final ip. A copy of the final alp shall be sulanltWl to Celttans. District 08. POst Office Box 231, San Bernardino, California 92403; Attention: Project Development for revtev end approve1 prior Co recordation. ~fferson Avenue shall be improved wtth concrete curb and gutter lncated 38 feet from centerline and Itch up uphelt concrete pavlng; reconstruction; or resurgeting of existing paving as deter- ltned by the Road Cmmntsstoner vlthfn a'~O foot half width dedicated right of may in accordance vith County Standard No. 101. 8. All driveways shall conform to the applicable Riverside County Standards and shall be shorn on the street improvement plans. 9. Concrete sidewalks shall be constructed throughout the landdivision tn accordance wtth County Standard No. 400 end 401 (curb siderelk). 10. Prtor to the rocordatton of the ftnal top, the devg.1oper shall deltasit vlth the Riverside County Road I)ep~rtmnt, · cash sun of $2,600 per gross acre as mitigation for traffic signal trapacts. Should the developer choose to defer the time of payrant. he enter into a m-ltten agra,rant with the County deferring satd payrant to the tim of issuance of I bu!1dtng permit. 11. Improvement plans shall be based upon · centerline profile extending · minimum of 300 feet beyond ~he pro3ect boundaries tta grade end alignmint as approved b~ the Riverside County Road'Commissioner. Completion of road ImproveBents does not tinply acceptance for maintenance by County. 12. Electrical and cmnn~ntcattona trenches she11 be provided In accordance with Ordinance 461, Standard 817. 14. 1S. 17. 18. Asphaltfc mauls ion (fog sesl) shall be applled not less thin fourteen days following placerant of the asphalt surfacing and shall be applied ·t a rate of 0.06 gallon per square )ard. Asphalt ~mlston shall conform to Sections 37, 39 and 64 of the State Standard Specifications. :'~ K c ess sM11 be restricted on SeWer·on Menue and io noted on final lip wtth the exception of (2) 36' wide access easesants · s shokm on the tentative lip. The street design and improvement concept of thts project shall be coordinated ~lth CU 2809, PP 6461 and P/P 868-D. Street lighting shall be required In accordance with Ordinance 460 and 461 throughout the subdivision. The CounlLy Service Area (CSA) Administrator determines whether this proposal qualifies under an existing assessment district or not. Zf not, the land omar shall file in application vlth LAFCO for annexation tnto or creation of · .aLighting Assessment District" tn accordance with Governlints1 Code Sectton 56000. All private and public entrances and/or Inter~ectfons oppostte this pro;Ject shall be coordinated with this pro3ect and shovn on the street Improvement plans. A striping plan Is required for ~lfferson Ave. Th~'ramoval of the existing striptng shall be the responstb111~ of the applicant. Traffic signing and striping shall be done b3( Count), forces wtth ~11 Incurred costs borne b~y the. applicant. ~l:lh Vet), trul~ yours, Gus Hughes Road Dlvtston Engtneer · Coun$ of l i ®z. slde ' M J~VKRS~DE COUNTY FLAILING DEPT. DA~o Septenber 29, 1988 ATTU~ Devil Wahliren B~tOM~n~ian, Znvironnenta! Heslth ServXces PARCEL HAP22886 Bnv~rmmencal Health Services his reviewed Parc~l Knp 22886 dmended He. 1. Our current cements viii reu~in as stated in our letter dated Ju~y 14, 1988. L; OI;~ (,.;, O O (~ ~ :.-) :..) L.) :..) L) L.)'S ...,) ,,) ~) _) ~ :.) :..) .) ) ..)OO q Oe (.7,('~,OI :)~:):) :) L) :..) ::::)00 :.) L)..)..),,)...) COUNTY oF RIVERSIDE DEPARTMENT HEALTH of JUL 15 RIVERSIDE COUNTTPLANNING DEPT. 4080 Lemon Street Riverside, CA 92502 RIVERSIDE COUNTY PLANNIr, I.e, Atari: David Vahlgren RE; PARCEL)t~P 22886: Being a division of a portion of Lot 116 of the Temecula Land and Water Company on file in Book 8, Page 359 of. Haps. Records of San Diego County. California (3 Lots) Gentlemen: The Z)epa/tment of Public Health has reviewed Tentative Nap No. 22886 and reco~ends that: A water lystem shall be installed according to plans and specification as approved by the water company and the Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one inch equals 200 feet, along with the original drawing to the County Surveyor. The prints shall Ihov the internal pipe diameter, location of ¥alvel ~nd fire hydrants; pipe and joint epecifications, and the size of the Lain at the ~unction of the new lystem to the eXtlttng lystem. The plans Ihall comply in all respects with Div. $, Part l, Chapter ? of the California Health and Safety Code, California &dminLItrati~e Code, Title 22, Chapter 16, and General Order No. 103 of the Public Utilitiel Co~ission of the State of California, when applicable. Riverside County Planning Dept. Page ~o Arts: David Wahlgren July 14, 1988 The plans shall be signed by a registered engineer and water company w~th the following certification: certify that the design of the water system in Parcel l~p 22886 is accordance with the water system e~pansion plans of the Rancho California Water District and that the water service,storage and distribution system will be adequate to provide water service to svch parcel. This certification does not constitute ~uarantee that it will supply water to such parcel at any specific quantities, flows or pressures for fire protection or any other purpose". This certification shall be signed by i responsible official of the water company. I~R- Department has a statement from Rancho California Water ~istrict agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. will be necessary for the financial arrangeRents to be ~ade ~rior to the recordation of the final map. This Department has a statement from the Eastern Nunicipal Water District agreeing to allow the subdivision sewage system to be connected to the sewers of the District. The sewer system shall be installed according to plans and specifications as approved by the District, the County Surveyor and the Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate. along with the original dra~ing, to the County Surveyor. The pr~n~s shall shme the ifiternal pipe di~eter, location of ~anholos, complete profiles, pipe and joint specifications ·nd the size of the se~ers at the junction of the ne~ system to the e~isting system. A single. plat indicating location of sewer lines and water lines shall be a portion of the sewage plans and profiles. The plans shall be signed by a registered engineer and the lower district with the relieving certification: 'I certify that the design of the oewer system in Parcel Map 22886 is in accordance with the sewer system expansion plans of the Eastern Municipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed parcel.' Riverside County Planning Dept. Page Three ATTN: Devid W&hlgren ~uly 14, 1988 It viii be necessary for financial arrangements to be made prior to the recordation of the final map. sittc°rel '_, S~t ineZ ,~,~ San i t a r i an · nvirormental Health Services SM:t&c RIVERSIDE COUNTY FLOOD CONTROl- AND WATER CONSERVATION DISTRIer IIV~IDL ~.11~Oll141A II101 Riverside Count), Planning DepartBent County MBtnt strettve liverside, California Center Attention: RegLonal,Te~No. I Re: Am: l,. have mined this case and have the folioring comments: Except for nutsince nature local runoff vhtch may traverse porttons of the oMeperty the project ts considered free from ordtnary storm flood hazard. vet, a stOTll of unusual mgnttude could cause some damage. New construc- tion should comply etth all applicable ordinances. The topography of the area conststs of eel1 deftned rtdges and natural water- courses vhtch traverse the property. There ts adequate area outside of the natural watercourses for butldtng sties. The natural watercourses should be kept free of buildings and obstructions tn order to matninth the natural dretnage patterns of the area and to prevent flood damage to new buildings. A note should be placed on an environmental constraint sheet startrig, 'All new buildings shall be floodproofed by elevating the ftntshed floors a mtntmuB of 38 1riches above adjacent ~round surface. Ernston protection shall be provtded for mobile hone supports. ' Thts pmJect ts tn the Area dretnage plan fees shall be patd tn accordance etth the applicable r~les and TegulatJons. The pFoposed zontng ts consistent etth extsttng flood hazards. Some flood control facilities or floodproofing B~y be required to fully develop to the tBplled denstty. The Dtstrlct's report dated J',,(~ ~t~38 ts sttll current for thts project. The District does not object to the proposed mtnor change. The attached CelNnts Ipply. Very truly yours, KENNETH L. EONARDS Chtef Engtneer M H. KASHUBA Sentor Ctvtl Engtneer DATE: SCl~, ~)~, t~- II,l MARKET ITREET P. O, BOX 1018 TIL&IIt4ONE (714) ?'?-IOIB RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT IIIYBRIID/. C&LIIrOi~NI& IJlOJ ~uly 28, 1988 Riverside County Planning Department County Administrative Center liverside, California &ttentionz Regional Team No. 1 David Nahlgren Lad/el and Gentlemens Res Parcel Map 22886 This tl a propsial to divide 4.30 acres in the Rancho California area. The site il located on Jefferlon Avenue southeast of Winchester Road. A culvert under InterIrate 15 discharges flowl onto the east ~orner of the property. The Murr~eta Creek Master Drainage Plan propelel Line C-1 to pick up these flows. Line C-1 is proposed to be a rectangular channel with a width of $ feet and a depth of 4.5 feet. This parcel map proposes to pick up these flows in a 60' CMP Itorm drain. This proposal is unacceptable. The Master Plan facility should be constructed in order to develop this site. Following are the Diltrict*l reconnendation0z Thil Parcel Map 22886 il located within the limits of the Murrleta Creek/Temecula Valley Ares l~rainage 'Plan for dhLchdra:Ln&ge feel have been &doptedbytheBoard. Drainage feel ~hall be paid as let forth under the provt- lionl of the mRulel and Regulationl for Administration of Area Drainage Planl#, amended February 15, 19885 Drainage fees ~h&11 be paLd to the Road CormListener be part of the filing for record of the subdivision final map or parcel map, or if the recording of a final parcel map il waived, drainage feel ~hall be paid LB a condition of the waiver prior to recording a certificate of compliance evidencing the waiver of the parcel mapj or At the option of the land divider, upon filing a re- quired affidavit requelting deferment oft he payment of feel, the drainage fees may be paid to the Build- ~ng Director at the time of issuance of a grading pern~Lt or building pern~Lt for each approved parcel, whichever maybe first obtained after the recording of the subdivision final map or parcel map~ provided however, th/s option to defer the feel Pay not be exercised for any parcel where grading or structures hve been initiated on the parcel within the prior 3 year period, or permits for either activity have been issued on that parcel which remain active. Planning Department · el l~rcel Map 22886 -2- July 28, 1988 0 Prior to initiation of the final construction drawings for those facilities required to be built as pert of the MuFtieta Creek Master Drainage Plan, the developer should contact the Riverside County Flood Control and Water Conservation District to ascertain the terms and condi- t. ions of design, construction, inspection, transfer of rights of way, project credit in lieu of fees and reim- bursement schedules which may apply. Title reports and title insurance lust be provided for all right of way to be transferred to the District. The developer ~hould z~ote that if the estimated cost for required area drainage plan facilities exceeds the required drainage fees and the developer washes to receive credit for reim- bursement in excess of his fees, the facilities will be constructed as a public works contract. Scheduling for construction of these facilities will be at the discre- tion of the District. 3. Line C-1 oft he Murrieta Creek Master Drainage Plan should be constructed to District standards. Oneits drainage facilities located outside of road right of way ~hould be contained within drainage easements shown on the final map. A note ~hould be added to the final map etating, ~rainoge easements 8hall be kept free · ~f butldings andobstructions'. Master Drainage Plan facilities to be constructed as Pert of this development*s improvement obligation are to be inspected, operated and maintained by the Riverside County Flood Control and Water Conservation District. The developer should enter into an agreemen~ with the District establishing the terms and conditions covering their inspection, operation and maintenance. The property*s street and lot grading should be designed in a manner that perpetuates the existing natural drainage Patterns with respect to tributary drainage area and outlet points. 7. All lots should be graded to drain to the adjacent street or an adequate outlet. A copy of the lnprovement plans, grading plans and final map along with supporting hydrologic and hydraulic eclations should be submitted to the District via the Road Department for review and approval prior to recorda- .tion of the final map. Grading plans should be approved prior to issuance of grading permits, -( County Plann:Lng Department -3- July 28, 1988 Questions concerning thLe matter may be referred to the 8ubdiv~sion ~ect~Lon of this office at 714/787-2884. Very truly yours, Mebb Hawkinm & A~soc~&tes KENNETH L, EDWARDS nior Civil Engineer ZS:pln RIVERSIDE COUNTY IllRE DEPARTMENT m CX)OPE~ATION WTTfi THE · ,AUr-O~II& DEPARTIdENT OF FORESTRY PAY !~!3RARD 9-27-88 Ptonnins & F. nsineerins O~ice 4080 Letnon Street, Suite Rl-euJde, CA 925m (/14) 787.66~ ~he vu~_? maJ~ shall be ca~ahle of ~'g a potential fJ~e flc~ of 4000 and an act~ fLFe flcM avAfmA~le frcn any one h~fdrant d~11 be 2000 ~ for hours d~-n~ at 20 PSI resMuA1 cl~-ra~ pressure. super ~ Irydran~, (6'x4~2½) shall be located at eac~ stzeet · d~.~l.tcm a~d spaced not m~e than 330 feet apart in any dLzec~cm, vith q~icantYdevelc~r d~a~l i~v~de vritten cert~icat:km f.~.~, the o~rc~r~ate that the ~ f~,e h~rants are e~ther ~ c~ that Al~lLcant/~ shall f~r~Lsh one cc~ o~ the vuter system plans Ch~e~ F~re ~t ?lannsr B~ George s. ~at~n, P]Jrning off~ _____ .... Administrative Center · 1777 Atlanta Avenue Fliverside, CA 92507 kptember 26. 1,988 · iverside County Planning Department &trention: David #ahlgren County Administrative Center 4080 Lemon Street · iverside, CA 92501 Parcel Nap 22886, Amend Ladies and ~entlemens · he Land Use Division of the Department of Building and Safety bas the following Co~ents and conditions8 ~'~ior to racor~ation, ~ll ~xisting structms indicated must ~mr~moved or Planning Departsmnt approval~ust b~ obtained to comply with CPS Zone, Ordinance 348, Article lXb, Section 9.50. Very truly yours, Thomas H. Ingram, Director DEPARTNENT OF BUILDING ~ND SAFETY Noz~_.~h A/_Lostborn, Deputy Land'Use Division Administration (714) 6~2-8~40 · (714) 787-2020 C(MJNTY (~ RIVERSI!~ Department of Building and bfoty TOt Pl·nnino - File FROlqs 8Fading Section INITIdM. z ~ Please amke the folloMl~M3 · cor~Jition Of ~pproval: Prior to commencing any grodi~ eMc~i~ ~ cubic yards, the o~r of that prop~ty ~all obtain o grading permit ___b. Prior to approval mY this use/subdivision · grading permit end approval of the rough grading shall be obtained from tho Building and Bafety Department. ~~. Prior to issuance of mny building permit, the property owner shall obtain · gr·dJng permit and ·pproval to construct from the Building ·nd Safety Department. ___d. Constructing · road, whore greater than M cubic yards of m~uteria] is pieced or moved, requires · grading permit. ____The Grading Beetion has no comment on this mite COUNTY I:F RIVERSIDE DEP/IIRTIqENT OF BUILOING ~ND SAFETY TO: Fi FIK~, 6roclino Section The folio, ant 'X ' marked comment· pertain to this project. 1o R~fer to th~ attached standard vesting tract comments. The information submitted l· too vogue qor specific comment. 86, & L~Iq-IP.B Mh~n preparing · grading plan. In order to poreit your grading plan, the items .ill be needed. Obtain grading plan review. Provide 3 copies of Preliminary Boil· Report Provide I copy of each of the hydrology - hydraulic review, standard improvement plan, and Provide clearances from the folioMing department. ..~__Planning __LFIood Control X Rood Department e. Provide copy oY Planning Department conditions o~ approval qor the approved or tentative approved f. Provide .on erosion control plon prepared by lic,, ' landscape architect. Provide m conceptual grading plan. Mhenobtoining I plan review permit, gad)mir 5 copies oY grading plan to Building and.hfety for distribution and plan review. R~Fer to YormBBq-lBlqor additional Refer TO e.ny.._Bp~:.~fic. plan r81sted to this project. Pot~tio) ~bsi~*~e oreo. Per ~lrd Resolution additional g~tKhnici) i'~orMtion is r~uired~- I .119 (s/n) - In~..ludin9 the asph~ltic concrete, b·se #rth M~d this pr. ollct will exc~ ~ Therefore, · grading-permit is required. mat·Fie I, and cubic yards. Observe slope letbacks from permit areas and/or structures per section ?~12 and figure Eg-I of the UniformBuilding Code ·s modified by C)rdtnmnce 45?. 13. i)rive~uy grades shall be 15X or less. Show street and pad elevations. Insure that · IX grade can be miint&ined free back of pad to street. Design q-ditches at top of slopes to handle the 0100 y~Br storm flo~. 15. Provide (1) one copy of the hydrologic/hydraulic celt's &nd drawings. · ~r~ 16. Provide recorded drainage easements for the proposed lot to lot drainage. ' 17. Shem the Oil and OlfB flows at the inlet mnd outlet to ell properties end it oil drainage structure inlets and outlets. .IS. ---Provide building footprints on lots. _____1~. Design each lot to drain separately. Do not 10se Projects having in imbalance between the cut and fill shall specify the location of their import or export. Show slopes, including terraces, to scale. Proposed off-site grading will require ,ritte~ noteriled permission from the affected property owner. No Obstructio~ or diversion of natural Mater courses Iholl be permitted. .~ %J~' ~.' Provide topography beyond permit ore&, especially where adjacent property is developed or being developed. Slope height My effect adjacent properties. On' flog lots'show the location,'grode, cut scale that will be required to construct May/access. fills to' the drive Ill qiVEq)iDE councY -PL rlninc DEPA::IC!TIEnC September 7o 1988 Sotl Tach Z8700-B Izs Ilictendis Street, if.0. Box ~S68 Temcula, CA 92300 103 Attontton: N. lii3me himbridge John T. Retnh&rt SUBJECT: Liquefaction Hazard Project No.: 2526-P$-88 Tentative Parcel Ilip 22886 County bologtc lieport No. ~ncho California Area 469L have revtewed the liquefaction aspects of ~our report entttled "Prollmtnar~ botechntcal end Liquefaction Investigation Tentative Parcel I~p 22886,' dated MitCh 21, 1988. Your report datemined that the potenttel for liquefaction ts conslderod to ~ry 11kely to the BlotBum depth explored. Should 11queCactfon occur tn sot~e depostts belov the ~ter table, ft ts lfkely that the surface sotls vtll experfence settlerant. l'our_~1)ort recommended that reaov&l and recompactton of the near surface ee-_ alto solls should be perfomed to wlttgete the liquefaction hazard it thts $1te. This over-excavation should project $ feet outstale the footing area and extend I idntmum of S feet belov the bottom of the proposed footings. LArger lsoletod squire foottngs wtth loads tn excess of 25 kips my requtre additional rmoval to accommodate distribution of the verttcal loading on the foundations. Footing loadtrig and destgn plans should be revtewed ILy the project geotechntcal ~nsultant prtor to ~onstmctton gradtn~ tn order to determine the need for ~ditfmml rmmovals. It ts m~ raptriton that the report ms prepared a competent runner and satisfies tim nddttJonal Infomarion requested under the California Environrental Quallty Act raytee end the Riverside Coun~ Coaprehenslve General Plan. FIne1 approve] mf that report Is Imreby gtven. 4080 LEMON STREET, g1~ FLOOR RIVERSIDF~ CALIFORNIA g2S01 (714) 787~181 46-209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 (619} 342-8277 S0tl Ted~ - ~ - SeptmnbeT' 7, 1088 Oepa~tment. The $1~ctflc 1tin of triterest Is 11quef&ctlon. Thts 1tram eeccs ~111,~cels.' 11w f~ceemndettons aide tn 3four report for Itttg&tto, of liquefaction I~tentlal $hall be adhered to tn the destgn and construction of thts project. Very truly yours, ItlVEItSIDE COUNTY P.LANNIN6 pEPART#E T ~lloger S. St?eter Plann/Eng Mre~or Engineering 6eotogt~ / // CEG-1205 ~AK:81 cc: II & 0 Itamsly Co. - Applicant Ilom Lostborn -Butldtng end hfet~ (2) avid ¥ehlgren - Team ! '1 R~VER$~D~ COUNTY PLANNING DEt~ARTMENT 08-Riv-15-6.39 Your Reference: TPN 22886 Planning Department Attention David Wshlgren County of Riverside 4080 Lemon Street Riverside, CA 92501 Dear Hr. Wshlgren: Thank 7ou for the opportunity to review the proposed Tentative Parcel Hap 22886 located westerly of 1-15, easterly of Jefferson Avenue, south of Winchester Road in Rancho Califfornia. Please refer to the attached material on which our comments have been Indicated by the items checked and/or by those items noted under additional comments. If any work is necessary within the state highway right of way, the developer must obtain sn encroachment permit from the Caltrans District 8 Permit Office prior to beginning work. If additional information is desired, please call Nr. Patrick Carnally st (71~) 383-~38~. Very truly yours, H. I. LEYANDOWSKI District Permits Engineer itt. Althoufh the traffic and drainage generoted by this proposal do not appear to hav~ ~ sifnifiosnt eff~ on the state l~tsIwoy system, ~S~ltl~ must be riven to the eumbttve effect of omtinued development in this oreo. ~ mesures neceosm~ to mttipte tim erarelative impost of treffte end drainuse should be irevialed irior to or with development of the oreo that necessitates them. Xt 8qq~sre tlwt the tr~ffie end dreina{e {enereted by this propertl oould have s M~nifteant effect on the state hi,way systau of the oreo. ~ measures necessary to mitipte tim treffte end dreimge t~q~eta should be included with the develcpm~t. This pa ties of state higTday iS included in tbe California Nester Plan of State ~ Elliible for Official Scenic Hillway Designsties, nd in the ~ture yo~ 8SonoY my. wish to have this route officially desisttired m s state scenic hish~ay. This portion of state ht{~r~ has been officially deoifnited ss s state hifl~y concept. It Is ~eco~ntzed that there ts considershie public ooneern sbout noLse levels odJoeefit to heavily troveled htf~Meys. Lend development, in order to be compatible with this ~c~c~. ,~, my require special noise attenuation measures. Developnest of ~%~etty should include 8ny ne~esssry noise attestation. Norml rifht of ~ry dedication to provide half-width on the state Jformal street improvements to provide half-width on the state hii~May. Ctrb Ind [utter, State Standard sion{ the state htg~ry. Porktnf be prohibited slonf the state biffbray by psistihl the ourt red 8rid/or by the pr~Mr placement of ~no parking" siSns. rsdius curb returns be provided st intersections with the state highMay. ]~d Mbeelcimalr ramp m~t be provided in the returus. & pcottlve vehicular berrie alor4 the property f~ta{e be provided to limit phyaleal oeeesa to the state X VeMeulr ooeess not be developed directly to the state l'd. flwmy. Vehinular Beeess to the state htsIwey be provided by existins public rood VeMmbr mooess to the rate htgb~ be provided by standard Vehinular Booes8 shall not be provt~ within of the intersection st Vdtieulor seeess to the state Irishbray be provided by s roodstype o~meetion. 'Form 8-PD19 (Rev. ~/87) (Continued on reverse) X the state highly be loe ·~d for$tvlM in nature. left-turn l~e, ineludin~ any r~eeaa~ry wldenin~, be provided on the at~te highly .t · _e~_ ;iderstioe be liven to the provision, or future prevtai~n, of ·l~nalization and Lt~ti~ of t&e intersection of and i truffle study-indie~tin~ co- e~d off-site fl~ patterns end vol~ea, probable ~quate off-~eet Imrkin~, ~hioh does not r~quire b~ckin~ onto the at~te high~my, P~kin~ lot be developed in · manner tlmt ~111 not ·susa ~ny vehicular ~ovement e0m'liets, l~el~dl~ ~rking stall ~trm~ce ~nd exit, within of the mt4'mmoe fYam ~ m~te ki~hwmy. Hsmfiosp psrkin~ not be developed in the busy drive~y e~tr~ce ·rea. ~ be t&kon ~ben developing this property to preserve and perpetuate the existin~ dr'~h~ge pattern of the state highway. P~rtieular consideration M'~uld be given to m~tl~tive t~ressed storm runoff to insure that · highway drainage problem is not ~ ~eeess~ry ~iae attenuation be provided as p~rt of the development of this properW · Please refer to attached additional ecmaenta. of say ecr~ttl~ of el~v~l or revised approval. X i oo~ of a~ doe~enta provid~ ~tditional state ld~M~y right of my u~on 'reeordetion of the rap. -~~~ coun~ ~q~nrun~ FOIl LAND UII AND DI?)~LOPMINT r~ PLJkNliwG OEPJ.~MENT mlq S4~4~T7 OFFICIAL HEARING NOTICE MAY AFFECT Y R COUIfI'T NIIIINISTI~AT,~ CENTER. NINTH FLOOR 4080 LEIOI ~REET RI~I~IDE, CALIFORNIA 92501-3657 Roger S. Streeter, Planntng Dtrector &Iq~IcIEJtRXBG his been scheduled before the ~l~ ~l~l~ to ~st~r ~e ~p11~tton(s) ~scrt~d bl~. ~e Planntng ~~nt hes ~~v~]~_~_t~t ~. ~s~ project(s) wtll have ~ significant _.v,~n~ ~v~t and Ms ~n~ttvely ~le~d ~gattve ~claratton(s). ~.Plannt~ ~tsst~ ~11 ~nstder ~et~r ~ not ~ adopt t~ ~attve ~ll~tfon il~g ~th ~ p~sed p~Ject it ~ts Mating. Irlace of IlearJng: Board Room, 14th floor, 4080 LeBon Street, Riverside, CA Bite of Heartrig: IJEDNEsDAY. ROVB~BER 16, 1988 The ~tme of bear4ng ts Indicated with tach application 11steal below.. person my submlt ~rttten comments to the Planntng Department before the heartrig or my appea~ end be heard In support of or opposition to the_ adoptton the negattve declaration and/or approval of thls project at the ttme of ImarJng. If you challenge any of the projects tn court, you my be 1trotted to ~aestSlnG only those fssues yoq or someone else rotsed at the publtc heartrig crtSed tn thts nottce, or In ~rttten correspondence delivered to the Planntng Coedssion at, or prtor to, the publlc hear!rig. The environmental ftndtng along ~tth the proposed project application my be vtmmd at the publlc tnformtton counter Honday through Frtday from 8:00 a.m. unttl 4:00 p.m. PARCEL RAP 22886, E.A. 32883, ts an application submitted by Jams and Paryann Ramsey for property located tn the Temcula Area and Ftrst Supervtsortal Dtstrtct uhlch proposes to dtvtde 4.3t acros tnto 3 lots on property generally described &s south of #Inchester. east of ~efferson, ~est of I-1S, 13~ OF JlFJUIIIE: ! :45 p.m. : ~ItlI~I~TK ~ I~1~: ~ EVKUATION BIWI~ ASSESSPENT (E.A.) ruER: C~.:~,'~ mOdm USE TYPE(s) Am laNE eF pmmcs) NEPARZm [.A.'. I. flOdlEl* IJlFUIIMTION NOOULE me£R(:s): I I. IdOJ~ilOII (Mclodt propNed sdn~m lot size end uses as applicable): ~ ~t'~,LC:~.~ B. TOTAL FIIOJECr ARIA: ACRES L/. ~)C~ ~- ~ or SQUAR[ FEET C. ASSTSS~'S PARCEL NO.(s): IS TH~ PROPOSAL IN CoNIrO~ANC£? IS TH~ PROPOSAL IN GONFORHANC£? S. SECTION, TOIfiSHIP, RANGE IKSCILIPTION OR ATTACH A LEGAL D~SCRIPTI~: It. Jtl~EIr KS(all,Tim OF TH[ EXISTING KNVIRONHENT~L s[rFxNG oir ~£ PItOdECT SITE AND ITS ~JRROUNDINGS: .~ Co ~"Jo..~ j ,~^wc0~.,.l-ar) ~e~ ~,., ,;, -w,,,,~,.,,~'~ Click tim Ipptl~a~ iptloe(s) klev end lr4catd IccodtNly. O &11 or IlK of the WoJect~ stti ts in 'Adopted SNotrio P1ans,' 'IEIMP' or 'ltancho Vtllages Cemdty Pollq Arms.' Cmplete Sectfoes Ill, IV (I and C wily)o Y and Yl. B Al1.~ prt.M~ ~ project stti ts tn 'Ams Not bstpited is Open Spice.' Complete Secttons III iv tft, ·mm u miry), V md Vl. ~ All er left. of tin project sttt bas an Open_ bce end Cemservattoe kstoMttoe other than those mintteeM m. Cmplete Sections Ill, IV (A, l, md E only), V and Vl. Ou~ebmbe kner~l Plan FtgUro VI.3 (Ctrcl. One). ~- ~ ~11aJ1, ~ttcll bse~tel ~raal~tgh ltsk ~rml-Lov Risk __Ow~l,~ ~ rotink? ~ ~1s ~ton ut_~ ~ tint, tons s~.u~r hctlon llI.A (a~ve). ~n, dor~ $knm, ~rcle b ~JaM 1red an ut~b111~ or BOlM accap~bt11~ rating(s). ITAROS 1. ~. AlqutstePrldo Special Studies or It. ~ Atrport noise (Fig. II.18.S. II.le.11 Coint~Fault Iizird zone (Fig. Vl.l) i VI.12 i 1184 AICUZ lieport. PI.A.F.B.~ · LIqiefactloe Potin·tel Zones (Iqg. VI.I) 13. ~r%) btlroad Noise (FIg~ V1.13. V1.16) 4. &._ Slopes (tlv. Co. 800 Scale Slope Naps) S. ~.. LIIsllde RIsk Zone (Rtv. Co. I00 Scale blmtc ~ ~ ~-stta l~wctton) ~ S ~ U R (b Fig. Vl.6) 6. ~ b~kfa11 ~ (~-st~ Ins~lon) 7. ~ Expensive Solls (U.S.O.A. Sotl DmNrvattN Service ~tl bryn) 8..~. Eroston (U.S.D.A. Sotl Conservation f~ Service Soft brre~s) · J. triad Erostoe i Blouserid (Fig. VX.1. Oral· 4~00 Sic. 14.2 & Ol~lo 484) 10. l~ hi Iraedition Aria (Fig. Vl.7) II. ~.. irloodplatns (Ftg. Vl.7) too N~ I U It (See Ftg. Vl.8) I ~tlem11~ kc~Uble IS. ~ O~her Natse NA A I C D (See Fig. Vl.11) 16..bb Adjacent Nets. Sensitive Uses 17..b~ Project brierit, d Nots· (Ftg. VI.I1) 18..~L Nots, bnstttve Project (Ftg. Vl.11) Z3. ~ Nazardous Nat·rials end hs~es ~4. A/ Hazardous Fire Area (Ftg. Vl.30-Vl.31) 2S. ~ Other ~..~ ' ~ " ...~ .... · ~6. ~r S o hr&11~ ~l~ble. t - kstrlctd C - ~re11~ &M~le PS - ~tstoMl1~ Set~ble, Coner111~ ~c~ble oA: and 4. Ots r, pd 7. I_ Scentc ntlhu!ys (Ftl. Vl.4S) O.~ JfistorSc lies·ureas (ftg. VI.32 - VI.33) (ftI. VI.32 - VI.33 & VI.46 - Vl.48) 10. ~.~.'Pa1IOntologtcel Iiisources S. OIII~ITV 1~4N, IF IY: ---- 6. OIgI~IIY PLI MSIInATION(s), IF ANY-* i I. For ~11 l~O~KtS, todtcfit u4th · 3~s (Y) or no (N) uheth, I~y publlc facilities and/or se~tces t$I a~y Itptfiuntl~ Iffect or k IfCected bY the proposi1. All N_fe?enced figures Ire contained t# tke Comprehensive 6ener&l FlIn. For I~y tsIue irked ~es (Y)~ ~tte data sources, opmclgs conr~lted~ ftndtngs of fICt~ IM u4ttgatIon IaIUres u~der Section V. RILIC FACILITIES AND SE1WICES 1. ~ CtKullttn (Ftg. IV.10IV.11. Otscuss tn Sec. ! bJItJnI, Plinld I tlqutred loads) 2. J~ Ifke Tntli (rtg. IV.l! o IV.13) ,4. ~ Sever (igen~ Letters) I. ~ Fire brvtces (FtI. IV.IS * IV.18) 10. ~ Equestrian Tratls (Ftg lV.19-IV.Z4/Rt: Co. 800 Sc&le Equestrian Trat1 Nops) I1. ~LUttllttes (Ftg. IV.2S- IV.26) 1L ~Ltbrtrtel (Ftg. IV.17- IV.18) 13. Nealth Sewtees (Fig. IV.l? - IV.18) 14. AirForts (Ffg. II.18.2- 11.16.4, I. AJ Ibertff Sicvim (Fig. IV.17 - IV.18) I1.18.8 - II.11.10 2. ~ SdIols ~rtO. IVoI7 - IVAI) IS. ~ muster FTWIrIdNSs I..~ Solid IIste (fJI. IV.l? o IV.lB) 16. Ct~ SFhI~ I. ~ PUrkI Id IICNetlI (Fig. IV.II - IV.n) 17. Other oll or lOFt Of lk prO~Kt tS Iotatad h '~ ~f!c HaM,' ~' or ~KM Villages It,, IIplafa: O. If &11 er part ef ~lm I~oJect sttu ts tn '~as ~t ~t~ as ~n SNce,' a~ ts ~t tn a ~t~ Plan, ~1,~ ~stt~ ~, ~, ~, S a~ 7. ~le~ ~stlms 4, S. 6 and 7 tf tt ts ~ a ~nJ~ Plan. ' ' ~. ~ ~e m~(t~) ~~ U ~ ~ ~ ~Ject. Al~o t~ca~ land use ~ (i.e. mIK~al, n~1ll, eU.): ~!.G~.~~n~:~--.~-:-~-~ land aN catogory(tee) for tie sltu lasid ee extstlng conditions. Also t~e (I.e. residential, emm~lal, etc.): /)_/--'~ C~--.':-' differs frm D.R., v111 tbe difference be resolved it the developmint stage? Explatn: 4bssun~t~ Plan designation(s):. IS the proposed project coralstent wtth the policies end designations of the Cemuuntty Plan? If noto explain: ....... 6~ Is the proposal tampatibia vtth extsttng and proposed surrounding land uses? If not, explatn: Based m thts tntttel study, ts the proposal consistent with the Comprehensive artera1 Plan? If not, r~ference If Sectton and Issue Number those tssues Identifying ~nconststenctes: ~- E. Zf ali mr Imrt If the project sttu Is I# in .Open Space and Consefvattm designation. cemplete the fm11Mq: 1. Stit~ t~m d~slpmtlem(s): tim prmposml c~ststmnt ~lth the dastpmtlon(s)? If mot, explain:, 3. lued no thts fartie1 $1ady, t$ the IfOl~sel consistent wtth the Cem~rehenstve General Plan? If not, reference If SKtlon and .Ism Number those Issues Identifying Inconsistencies: IIN)FrlOIML IIWgiII~IM tElWiltED g{IqlE LqIVIliOIiIt~AL ASSESSI~gT CM BE CQIqPLETED: DATE DATE S~CTIOIt/ IIIFOIqNATION INFDRJqATION INFO4UqATIOM ISSUE NO. tiLrQUIRED litQOESTEI) ~CEIVED ADEQUACY IFITRMI NATION (YES/NO. DATE; I. Po~ Dock ~sme amrlud ~es (V) under Secttons Ill.A, III.! a~d IV.O., ~dent~f~ the Sectton and Issu_ liner nd 4m th~ following, fn tl~ fom, t as $boun I~1o~: i ktst ill oddltlmul relevint dnti sources. gnclu~ng igenc~es consulted. _State fludtugs of flct regardtq envlromntel concerns. $tat~.s E~.l.f~)TtJgatlon maNres. tf identifiable without requiring an envtrorfuental trapact 4. If 8ddttJon81 lgforitton 15 roqutf~d before the onvtrormental o$$esment can be cronDieted, Fe4kr to Sobsection A. $. If odditJonal sheets e~e needed to complete thts sectton, check the box at the end of the soctJoe aml attach the eecessar7 sheets. SECTIOn/ ISSUE NO. SOURCES. A6ENCIES CONSUI. T?~ FINDINGS OF FACT. JqXTIGATION JqEASt~£S: SOURCES. ~EN¢IES CONSUL~. FINDINGS OF FACT. KI?IGATIO~ PEf~SUR£S: CITY OF TEMECULA AGENDA REPORT AB#: q TITLE: DEPT HD .NTG:~.:z4-qo FINAL VESTING TRACT MAP 23100-3 CITY ATTY DEPT: 'q~..~. CZTY NGR R~lm,~.endation That the City Council APPROVE Final Vesting Tract Map 23100-3, subject to the Conditions of Approval. Di~:uuion Vesting Tentative Tract Map 23100-3 was submitted to the Riverside County Planning Department on December 9, 1987 and was approved by the Board of Supervisors on November 8, 1988, with a minor change approved by the Board of Supervisors on April 18, 1989. The project is located north of Rancho California Road, east of Kaiser Parkway and west of Butterfield Stage Road. The developer is Marlborough Development Corporation. The project is part of Specific Plan 199 and is covered under Development Agreement No. 5. The project consists of 287 single family lots on 122.3 acres for an average density of 2.4 DU/acre. The project is required to post the following bonds: Improvement Faithful Performance Security Material g Labor Security Street and Drainage $ 1,148,000 $ 574,000 Water 119,500 99,750 Sewer 225,000 112,500 Total I; 1,572,500 $ 786,250 Monuments $ 24,000 The following fees have been paid for this project: Fee Amount RCFC Drainage Fee Signal Mitigation Fee Inspection Fees Fire Mitigation 23,635.52 11,100.00 78,625.00 29,600.00 Development mitigation fees are paid at issuance of building permits. Staff recommends that the City Council APPROVE Final Vesting Tract Map 23100- 3, subject to the attached Conditions of Approval. OFFICE OF T~. ROAD COMMISSIONER AND COUNTY SURVEYOR COUNTY OF RIVERSIDE' Ivan F. Tennant Acting Road Commissioner County Administrative Center Mailing Address: PO Box 1090 Riverside, CA 92502 Telephone.(714) 787-6554 June 25, 1990 SUBMITTAL TO FRANK ALESHIRE, CITY MANAGER OF THE CITY OF TEMECULA FROM: Acting City Engineer for the City of Temecula SUBJECT: Tract Map 23100-3 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. / Ivan F. Tennant Acting City Engineer IFT:GAS:MSB:rdb The City of Temecula Re= Tract 23100-3 June 25, 1990 The developer wishes to enter into the following agreements to cover the improvements within this subdivision for: IMPROVEMENT OF STREETS (Bond No. SUR 12-60-51) WATER DISTRIBUTION SYSTEM, (Water to be supplied by Rancho Water District) (Bond No. SUR 12-60-51) SANITARY SEWER SYSTEM (Service to be provided by Eastern Municipal Water District) (Bond No. SUR 12-60-51) SETTING OF LOT STAKES AND SUBDIVISION MONUMENTS (Bond No. SUR 12-60-52) MATERIALS AND LABOR (Bond No. SUR 12-60-51) in the amount of $786,250 is also attached. SECURING TAXES, (Bond No. SUR 12-60-63) 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: Lots "A" through "J", inclusive are dedicated for public use for street and public utility purposes, and as part of the City Maintained Road System. me Lots "K" through "O" inclusive, 1-foot barrier strips are dedicated to the City of Temecula for street and access control purposes. N VIC/N/TY MAP NOT TO SCALE' CH, A~DON~Y HI/LLS MARLBOROUGH DE'V£LOPM£NT CORPORA T/ON PHASING MAP ~ J'I~,C'TM*P~JAIgM~'Y I m DATE: D~ar /~opl ~cant: RiVE:DiDE county i nninc DEPA:I rilEn MAY - "' RE C.E.S. INC. RIVERSIDE TENTATIVE TRACT MAP NO. E. A. NLHSER: REGIONAL TEAM NO. 23100 Minor Change =1 So~ci fir Plans The Riverside County Board of q, pervtsors has taken the following action m the above referenced tentative tract map at its regular meeting of Aoril 18, 1989 . XX APPROVED tentative map subject to the attached conditions. . DENIED tentative map based on attached findings. APPROVED withdrawal of tentative map. jle The tract mp has been found to be consistent with all pertinent elements of the Riverside CoJnty General Plan and is in canpliance with the California Environmental Quality Act of Zg70. ~ w, uj~;t will not have 'a significant effect on the environment and a Negative Oeclara.~im has ~e~l~dopted. it cmditimally approved tenta:fve tract map shall expire .~R.'-mmths after the approval at the Board of Supervisor~ He&rln~. ~he-dete ef which is Itromfl,.~a ~b~m~, unless within that period of time a trtnal...4mL~_~hall'~. ~eep approved and ,f. Me(F.~with the County Recorder. kior to.t!~. exp!ratim da~:t,~J~',l~/~J~..tv(d~r(L/~'alpplj, .l'e ~rl~jng f. or. an extension of time. appmicati~n shall'; 1)e., .Ji~E~r:~the Plan~ing _. _~_ .~tor",tfiffty (30) days prior to the exptnttm date of the ten~. '~'~:'. ]~Ear~ ~J~.!~,~'s~,~,"l~_y extend the period for me jear and upon further ap~ti~ ~,_ _'[ 'Very truly yours, RIVERSIDE OOUNTY ROAD & SURVEY DEPARTMENT FILE- NlilTE RIVERSIDE COUKT¥ PLANNING DEPARTMENT Roger S. Streeter, Planning Director Kathy Gi. ffc~4~, Planner III AP~ICANT- CANARY ENGINEER- PINK $19 '9 C.E.S. INC RIVERSIDE 4080 LEMON STREET. gr~ FLOOR RIVERSIDE. CALIFORNIA 92501 (714) 187,~ 181 46-209 OASIS STREET. ROOM 304 INOIO, CALIFORNIA 92201 (61 g) 342-8277 .~t!HMII'IAI I¢! THt H()AH[}()! ~.()tlN1Y(li RI¥['XNII)!.. 51ATI ()f'C'ALiF()RNiA FROM: Planning Depdrtment SUBMITTAL DATE: March 26, 1989 SUBJECT: MINOR CHANGE NO. i for TRACT 23100 - Specific Plan 199 (Margarita Village) Developer 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. 1 for )ract 23100, acted on by the Planning Co~nission on March 15, lg89. Depts. Comments Dist. AGENDA NO. I~IVERSIDE COUNTY PLANNING COI~ISSION MINUTES 1989 (AGENDA ITEM 6-3 - Tape 1021, Side 2 - Tape No. 4A) TRACT ~ NO. 23100, MINOR CHANGE NO. 1 - Cc,,,,.,ntty Engineering Services - Pancho California/Skinner Lake Area - Third Supervtsortal District - west of Butterfield Stage Rd, north of Pancho California Rd, east of ~tser Pkwy - II~QUEST: To redtstrtbute two lots Bearing ms opened mt 4:49 p.m. &rid was closed at 4:5Z p.m. ~TAFF RECON!~NDATION: Approval of Tentative Tract No. 23100, Minor Change No. 1, bmsed on the findings mnd conclusions listed tn the staff report. The Ippltcmnt is proposing a rotnor change to delete two untts frm the entrance to the tract and move them to the tntertor of the tract map. The purpose of that action is to establish e formal entry into the tract. The developer was rtstricted by the two lots when ttme cam to destgn an entry to Margarita 1rtllnge. ~ry Fatltn, Cc,,,,~ntty Engineering Services, 5225 Canyon Crest Drive, liverstale, advised that this proposed change will enhance the area and their project. They accept the conditions of approval. Zn answer to Co~issioner Beadling, Mr. Fatlln 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. FI~INGS AND CONCLUSIONS: Tentative Tract 23100 Minor Change No. 1 is located in ¥tllage B of the Margarita Village Specific Plan (SP 199, Amd. No. 1)~ the minor change includes changes to the proJect's entry, relocmtton of residential ~tts and corrections to the previous tentative map; and, the tract proposes 287 single fmmtly lots on 122.3 acres for an everage density of 2.4 DU/acre. The proposed minor change is consistent with the 6eneral Plan and Specific Plan and zoning for the stte; and, conforms to the ~equtre~nts of Ordinance 348 and 460. ROTION: 'Upon motion by Cmm~tsstoner Oonahoe, seconded by Cc~tsstoner Bresson, and unanimously carried, the Cmtsston approved Tentative Tract No. 23100, Rlnor Clmnge No. 1, subject to the conditions of approval and based on the above findings and conclusions. 47 Zoning O~str~ct/Area Rancho California/ S~ nner Lake Supervisortel District: Thtrd Spectftc Plans Section Tract 23100 Hinor Change No. 1 Planning Commlsston: 3-1S-8g Agenda [tam No. 6-3 IZVE~IDE C~URTY Iq.qNNZliG DEP~ STAFF II]~:)RT 1. Applicant: 2. Eagtneer/Representattve: Nilborough Development Corp. Cammunity Englneertng Servtces 3. T~pe of bquest: #thor Change to Tract 23100 4. Location: llest of Butterfield Stage Road, North of Rancho California Road 5. Extsttng Zoning: SP 199 Amd. No. 1 Surrounding Zoning: A-l-10-, A-2-20, R-T, SP 199 Rind. No. 1 7. Site Characteristics: Vacant land traversed vtth 10~ htlls 8. Area Characteristics: Located on eastern edge of Rancho California cmuntty. Vineyards begtn east of Butterfield Stage Road g. Comprehensive ;erietel Plan Oestgnatton SP 199 Amd. No. I 10. Land Dtvtston Data: Total Acreage: 122.3 acres Total Lots: 287 stngle family lots DU Per Acre: 2.4 proposed #tn. Lot Stze: 7,200 sq. foot 11. Agenc~ Rec~emndattons: See letters dated: Road: 2-24-89 Nealth: 2-8-8g Flood: 2-7-89 Ftre: lutldtng end hfety: 2-28-89 Eastern 14untctpal lilter Otst.: 1-26-89 Southern Callfornt& Edtson: 2-7-89 12. Letters: O~postng/Supporttng: None 13. Sphere of Influence: Not Mthtn Clt~ Sphere L AIIALYSIS: Tentative Tract 23100'~imended #o. ! vas approved by the Planntng Commlsston on September 28, 1988. The proposed mlnor change has a number of components: l) T~o residential lots are removed from the St. A and Rancho Celt rolla tritersection to reduce noise t~acts to ~stdents and t~rove ~e entry s~t~nt. 2) A r~destgn of lots along Street C end the relocatton of lots from the entry eral ms Included. 3) The map ratqects the lot 1the adjustment proposed &long Tract 20879 and the Cumntngs par~el adjusting property 1tries to the top of slope. 4) Lot 299, located at the tritersection of Rancho Callrolla Road and Katser Partway, has been added as tt ms rotssad tn the earltar tentative map. Staff has r~vte~ed these changes ~tth the Speclftc Plan 199 ~k~ended No. Margarita Vtllage, and his found the changes consistent ~tth the documnt's Imllctes and standards. Staff finds the proposed minor change ~tll improve the destgn of the tract entr~ and r~stdenttal areas. FTI~INGS: 1. Tentative Tract 23200 #1nor Change 14o. ! ts located tn Vtllage B of the Margarita Vtllage Spectftc Plan (SP lgg Amd. No. 1) o The rotnor change tncludes changes to the pro:Ject's entry, relocatton of residential untts and corrections to the prevtous tentative map. The trec~ proposes 287 stngle famtly lots on 122.3 acres for in average denstt~ of 2.4 OU/acre. CONCLUSIONS: The proposed mtnor change ts conslstent ~tth the General Plan and Speclftc Plan and zontng fort he stte. 2. The tract conforms to the requirements of 0rdtnances 348 and 460. J~PPIt0YA~ of Ttmtattve Tract No. 23100 #1nor (:hinge No. ] subject to the attached conditions of approval, 4~Gzb RIVERSIDE COUNTY PLANNING DEPARTl~NT SUBDIVISION CONDITIONS OF APPROVAL TENTATIVETRACT #0. Z3100 MINOR CHANGE NO. EXPIRES: 11-8-90 STANDARD CONDITIONS The subdlvtder shall defend, Indemnify, and hold hamless the County of Riverside, its agents, officers, and employees from·my 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. 1which action is brought about within the time period provided for in California 6overnment Code Section ~649g.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, tndenntfy, or hold harmless the County of Riverside. 2. The tentative subdivision shall comply with the State of California Subdivision IMp Act and to all the requirements of Ordinance 450, Schedule A, enless modified by the conditions listed below. o This conditionally approved tentative map will expire two years after the County of Riverside Board of Supervisors approval date, unless extended as provided by Ordinance 460. The final mp shall be prepared by a licensed land surveyor sub~lect to all the requirements of the State of California Subdivision IMp Act and Ordinance 460. Tbe'suMtvtder shall submit one copy of a soils ~eport to the Riverside County Su_rve3~r*s Office and two copies to the Department of Building and Safety. The report shall address the sotls stability and geological coedttlons of the stte. Tf any grading 4s I~oposed, the subdivider shall sulntt one print of a comprehensive grading plan to the Department of Building and Safety. The plan shall comply with the Uniform Building Code, Chapter 70, as emended Iv Ordinance 457 and as may be additionally provtded for in these comltttons oF app~val. 1BITATZ~E TRACT I10. ~00 Mtnor Change Gmdtttems of Approval hge 2 e A gradtag pemtt shall be obtatned fr~xn the Department of Butl~tng and Safety prtor to c_~e~ ncement of any gradtag outstale of county mtntatned rMd right of tm~y. /my dellnquent property taxes shall be patd prtor to recordation of the final top. g. The subdivider shall comply vtth the street 1aproven·n· reconmmndattons lullteed tn the Riverside County Road beparlment's let·at dated 2°24-89 a copy of vhtch ts attached. 10. Legal access as required by Ordinance 460 shall be provided from the tract mp beundar~ to a County mtntatned road. 11. Al1 road easements shall be offered for dedication to the Publtc and shall 12. conttnue tn force until the governing body accepts or abandons such offers. All dedications shall be free from all encurbrances as approved by the Road Conntsstoner. Street names shall be sub~ect to approval of the Road Commissioner. Easements, ~hen requtred for roadway slopes, dratnage facilities, gitlilies, etc., shall be sho~ on the final amp if they are located ~lthtn the land dtvtston boundary. All offers of dedication and conveyances shall be submitted and recorded as tit reeled by the Count~ Surveyor. 13. Miter and sewrage dtsposal facilities shall be Installed tn accordance ~!th the p~ovtstons set forth tn the River·Ida County Health bepartn~nt's letter dated 2-6-89 a copy of vhtch ts attached. 14. The su!xltvtder shall comply ~lth the flood control recowndattons outltned by the Rtverslde County Flood Control Dtstrlct's letter dated 2-7-89 a copy of ahtch ts attached. If the land dtvtston 11es vtthtn an 'adopted flood control dratnage area pursuant to Sectton 10.25 of Ordinance 460, appropriate fees for the construction of area dr·triage facilities sba11 be collected by the Road Coemtsstoner. IS. The suMtvtdershall comply trlth the fire taproY·met rmcmnendatlons Nilteed In the Count~ Ftre 141rshal's letter dated a copy' of ~htch Is attichad. Sddtvtston phastng, tKludtng any proposed camran open space eta _liprove·n· Idmslngo tf applicable, shall be subject to Planning Department approval. Any proposed phastng shall provide for adequate vehlcollr Iccess to all lots In uch phase, and shall substantially co,fore to the tntent and purpose of the suMtvtston approval. TEXTATXV[ T~ NO. ~100 Mtnor Change No. I Condttlms of ~r~al Page 3 17. 18. 19. The subdlvtder and all successors tn t.nterest shall. comply v~th the ~rovtstons Of Develoixaent Agraanent No. S and Spactflc Plan No. lgg Amd. No. 1. Lots created by thts subdivision shall comply ~Ith the folioring: a. All lo~s shall have a 'mtntmum stze of 7,200 (square feet) (net). b. All lot length to vtdth rattos shall be tn conformnce vtth Sectton 3.8C otr Ordinance 460. c. Corner lots and through lots, tf any, shall be provtded vtth &ddtttonal area pursuant to Sectton 3.88 of O~dtnance 460 and so as not to contatn less net area than the least amount of net area tn non-corner and non-through lots. d. Lots created by thts subdivision shall be In conformance vlth the develo.m~__nt standards of the SP Igg Amd. No. 1 zone. e. ~hen lots are crossed by m~or publtc uttltt~ easements, each lot shall have a net usable area of not less than 3,600 square feet, exclusive of the utility easement. Graded but undeveloped land shall be maintained in a ~eed-free condition and shall be either planted ~1th tntertm landscaping or provided vtth other eroston .control leasures as approved by the Dtrector of Butldtng and Safety. g. Trash btns, loadtng areas and 1netdental storage areas shall be located ams and vtsuall~ screened 1from surrounding areas vtth the use of block rolls and landscaplng. Prior to RECORDATION of the final lap the folioring conditions shall be Llttsfted: PrO_or to_ the recordation ot' the ,trial mp the applicant shall sutmtt wrltten clearances to the Riverside County Road and Survey Oepartmn~ · that ill parttnent requirements outltned 4n the attached approval letters frae the foileying a9enctes have been met: Couat3~ Ftre DeparOnent County flood Control County Parks Department County Health Department camry Planning Department Eastern Nuntclpal I#ter Dist. b. At~11 extsttng structures on the sub3ect propert~ shall be rawred prtor recordal;ton of the ftnal top. TENTATIVE 11tACT NO. Z3100 Iqlnor Qunge No. 1 CoMttloes ef Approval Page 4 c. The comon open space area shall be sho~ as a numbered lot on the final mp and shall be linaged by a aster property ou~ers' association. do frtor to recordation of the final top. the suM1vtder shall convey to the County fee stmple tttle, to all camon or camon open space areas. free and clear of all 11ens. taxes, assess=ent. leases (recorded and unrecorded) and easements, except those easements uhtch tn the sole dlscretton of the County are acceptable. As conditions precedent to the County acceptlng Stale to such areas. the subdivider shall submtt the following documents to the Plannlng Department for raytaw. whtch documnts shall be subject to the approval of that department and the Offtce of the County Counsel: 1) A declaration of covenants. condltlons and restrictions; and z) A sample document conveying Stale to the purchaser of an Individual lot or unft~htch provtdes that the declaration of coveuants. conditions and restrictions ts Incorporated theretn by reference. The declaration of covenants. conditions and restrictions submitted for revte~ shall (a) provtde for a term of 60~ears. (b) provtde for the establts~ent of a property o~ers* assoclatlon comprised of the omers of each Individual lot or untt and (c) cont~tn the following In, visions verbatim: 'Notv~thstandtng any provision tn thts Declaration to the contrary. the follmrlng provision shall apply: The property mmers' association established heretn shall, tf dormnt. be activated. by Incorporation or othe~se. at the request of the County of Ittverstde. and the property (~ers* association shill unconditionally accept frm the County of Riverside. ~pon the County*s demand. stale to &11 or Shy part of the 'cmmmn area'.mrel~rttcularlydescrtbedon Exhibit attached hereto. The dectston to requtre activation of the property ouners' association and the dectslon to requtre that the &ssoctatton unconditionally accept tttle to the 'caBnon shall he at the sole discretion of the County of Riverside. Iuthe event that the castnon area, or a~y pert thereof,_ ls conveyed to the prepert~ouners' association, the assoctatton~ thereafter shall mm such 'camon ar~', shall manage aria continuously mtntitn such *camon area'. or a~ypert thereof, absent the prtor vrltten consent of the Planntng Dtrector of the C~unty of Riverside or the County's successorotn-tnterest. The propertymlners' association she11 have the rtght to sssess the TENTATZYE TIACT I0. 2:3100 #1nor Change No. 1 Conditions ~f Approval hoe $ o~ners of each Individual lot or unlt for the reasonable cost of mtntatntng such 'ccm,,~n area', Ind shall h~ve the right to 1ten the property of en~ such ~er'~o deFiults tn the pe~ent of e m~ntenance essesprit. ~ ~sses~nt 1Sen, once c~ted, sh811 ~ pr~or to ~1 other l~ens ~corded subsequent ~ the notJoe of esses~nt or other docent c~ttng the ~sses~nt lien. This Declaration shall not be terminated, 'substantially' omendad or ~operty aleannexed therefrom absent the prior ~ttten consent of the Planntng Director of the County of Riverside or the County's successor-In-Interest. A proposed amendment shall be considered 'substantial' tf tt Iffects the extent, usage or metntenance of the 'camon area'. Xn the event of any confltct betwen this Declaration and the Arttcles of ZncoT~oratton, the Bylaws. or the property o~ners' association Rules and Regulations, tf In.y. this beclar&tton shall COntrol. · Once approved, the decllratton of covenants, conditions and restrictions shall be recorded it.the same ttme that the final map ts recorded. Prior to recordation of the ftnll map, clearance shall be obtltned fr~m Rancho CAlifornia 1dater Dtstrtct relattve to the protection of appltclble easements affecting the subject propert.y. l~e developer shall compl.y vtth the following I~rk~.y landscaping conditions: 1) z) 3) Prior to reco.!atJon of the ftnal map the developer. appltcltton w~th the County for the fonnatton of or annexation to, I parlUda.y Imtntenance dtstrtct for Tentative Tract 23X00 Htnor Change No. ! tn accordance vlth the landscaping and Ltghttng Act of X97Z, unless the pro;Ject ts vtthtn in extsttng llJntenance district. Prtor to the Issuance of buildtrig perndts, 'the developer shall secure approval of proposed landscaping end Irrigation plans fram the County Road and Planntng Deportment. All landscaping and Irrigation plans and_ spectftuttons $h&11 be Ime_i~red tn a reproductbl. e fOrlit sull;ible ~or Ilermenent tiltrig vtth the County IMd Oei)erTZlenT. ' The kveloper sbell t~st I landscape Im~'ormnce bond ~tch shall be released concurrontly vlth the ~elease of suMtvtston perfomence bond.s,..~are.ntee.tng .the vtabtl. t. ty of Ill landscaping i~lch vt11 be tnsT~t~eo prior co T~e ~ssumpT~on of the metntenance responsibility b~ the district. TTNTATTVE 11tAL'T NO. 23100 #1nor Change No. 1 CoMtttons of Approval Page 6 4) The developer, the developer*s successors-In-Interest or assignees, shall be responsible for all Park~a~ landscaping lalntenance unttl such ttme is maintenance 1s taken over by the district. S) The developer shall comply~1. th the standards and exhtbtts tn Spectflc Plan 199 had. No. g. The developer shall be responsible for malntenance and upkeep of all slopes, landscaped areas and Irrigation s~stems unttl such ttme is those operations are the responsibilities of other Parttes is approved by the Planntng Director. h. Street 11ghts shall be provtded vrtthtn the suMtvtston tn accordance vtth the standards of Ordinance 46! and the follovrlng: · 1) Concu~rentlyvtth the ftltng of subdivision tmprovment plans ~fth the Road Department. the developer sh&~l secure approval of the proposed street 11ght layout ftrst from the Road Department's trefftc engtneer and then fro~ the appropriate uttltty purveyor. 2) Follmrtng approval of the street 11ghttng layout by the Road Department's trafftc engineer, the developer shall also ftle in &ppllcatlon vrtth LAF¢O for the formatlon of a street 11ghttng district, er annexation to in extsttng llghtlng dlstrlct, unless the stte 1s vtthln in extstlng 11ghtlng dlstrtct. 3) 4) Prtor to recordation of the final map, the developer shall secure conditional approval of the street 11ghttng application from LAFCO, unless the stte ts vtthtn in extsttng 11ghttng district. All street 11ghts end other outdoor 11ghttng shall be show on electrical plans submitted to the Department of Butldtng and Safety for plan check approval and shall comply vtth the requtrments of Riverside County Ordinance No. 656 and the Riverside County Comprehensive General Plan. 20. Prior to the Issuance of GILK)tNG PERI4ZTS the lollrating conditions shall be satisfied: Prior to the tssuance of gradtrig ~erndts for 160 untts, the applicant shall obtitn clearance free the U.S. Fish and ¥tldllfe Servtce to ensure mitigation for 'eraoval of Stephens langeroe hibttat tn the park .( TENTATIVE lZACT 10. Z3100 #thor C~ange No. ! G~dttlms of Approval Page 7 bo to Prior to the tssuance of grading I~mtts, the applicant shall comply trlth Ordln~nce No. 663 by p~y~ng the fee requtred by that ordinance. Should Ordinance No. 663 be superseded by the proYtstons of a Hibttat C~nservattoh Plan prtor to the pa~ent of the fees requlred by Ordinance No. 633. the _lpp]tcent shall pay the fee requtred under the Illblt~t Conservation Plan as tBpl~ented by County ordln&nce or resolution. Prtor to tssuance of grading peruIts for 160 units on Tract Z3100, the area shill be developed per Specific P]an No. lgg Md. No. ! Prior to the tssuance of gradtrig pemlts detatled co~non open space area landscaping and Irrigation plans shall be sutxnttte_d for Planntng Departrant approval for the phase of develoinent In process. The plans shell be certified by a landscape architect, and shall provtde for the foilMing: ~. Pemanen~ au~xn~tc Irrigation s3~stem shall be Installed on all landscaped areas re~trtng Irrigation. Landscape screening ~he~ requtred shall be destgned to be opaque up to a Idntmum hetght of six (6) feet It m~urtty. e All uttltty serYtce areas and enclosures shall be screened from vt~ vlth landscaping and decorative b&rrters or baffle ~rea~ments, Is approved by the Planntng Director. Utilities shall be pl&ced underround. Me Part~ys and landscaped butldtng setbacks shall be landscaped to provtde vtsual screening or a transition tnto the prtrdr~use area of the stte. Lindscape elemnts shall tnclude each bemtng, ground cover, shrubs and spectmn trees tn con~unctlon vtth leandertrig stdMlts, benches and other pedestrian Imentttes vhere appropriate as approved by the Planntng Department. Llnds'clptng plans shall Incorporate the use of spectmen accen~ trees It ~ey vtsul] focal potnts vlthtn the project. 6. Were street trees cannot be planted vlthtn rtght-of-dy of tritertot strtets and project par~uuys due to Insufficient toed rJght-of_-v~y, they sbell be planted outstale of the road rlght-ofM~. 7. landscaping plans $be11 Incorporate nattve and drought tolerant plants uhe~e appropriate. A~11extsttng $pect~en trees and significant rock outcroppings on subject property shall be sho~ on the proJect*s grading plans shall note those to be reioved, relocated and/or reUtned. TE]rrATZVE TRACT NO.' ~3100 #Jonr C:hinge No. 1 Conditions of A~provll I~ge 8 g. All trees shall be mtntmum double staked. greytrig trees shall be steel staked. lie·her end/gr slow '0. ~No.e 1p. lans shall confore to 'those sho~m tll Spec, f,c Plan 199 Amd. All extsttng nattve spectmn trees on the subject property shall be preserved uherever feasible. ehere they cannot be preserved they shall be relocated or repl&ced ~th spectraart trees es approved by the Plenntng Director. Replace·ant trees she11 be noted on approved Tenrisc·ping p1111s. f. If the project ts to be phased, prtor to the approval of grading pemtts, an overall conceptual gradtng plan shall be submitted to the Planntng Dtrector for approval. The plan shall be used as e gutdefine for subsequent detatled gradtng plans for Individual phases of developaent end shall tnclude the follow4ng: 1. Techniques vhlch vill be uttltzed to prevent eroston sedimentation durtng and after the gradfng process. and Approxtmte ttme f~ames for gradtng and Identification of areas whtchmy be graded durtng the htgher p~obabtllty ratn months of ~anua~ through Hatch 3) Preltmtnar~ pad and roadway elevations 4) Areas of tempora~gredtng outstde of a particular phase I)rtvevays shall be destgned so Is not to exceed e fifteen {15) percent grade. he Gradtrig plans shall concern to Ooa~d ·dopted Htllstde Development Stilldififs: All cut end/or ftll slopes, or Individual coebtllattons thereof, vhtch exceed ten feet tn verttcal hetght shall be rodtried by an ·ppreprtete coebtnatton of ·spectel terracing (benchlng) plan, Increased slope ratto (t.e., 3:1), retaining ells, ·11d/or slope planttrig combtried vlth Irrigation. All drtvevajrs shall not exceed e fifteen Farcant grade. All cut slopes ]oc~.ted a~acent to ungrided natural terraln and exceeding ten (10) feet tn vertical hetght shell be contour-graded lncorporettllg the fellcaring gradtrig techniques: TE~TATZYE TRA~ NO. ~100 #t~or C~mnge No. 1 Condttims of Appr~al hge 9 l) 2) 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 rmdlt designed tn proportion to the total hetght of the slopes where drainage and stability permtt such rounding. 4) Where cut or ftll slopes exceed 300 feet tn horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Natural features such as wmter courses, specimen trees and significant rock outcrops shall be protected in the siting of individual building pads on final grading plans. ke Prior to the issuance of grading permits, the developer shall provide evt~ence to the Director of Building and Safety that all adjacent off site manufactured slopes have recorded slope easements and that slope netntenance responsibilities have been assigned as approved by the Director of Building and Safety. ~rtor to the issuance of grading permits, a qualified paleontologist s~ll' be retained by the developer for consultation and cmmmnt on the ~roposed grading with respect to potential paleontologtcal impacts. S~ould the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert. redirect or halt grading activity to mllow recovery of fossils. P~ior to the tssumnce of BUILDING PER~XTS t~e following conditions shall be smttsfied: &cco~dince with the vrttten request of the developer to the County Riverside, · copy of which ts on ftle, ·rid in furtherance of the agreement between the developer ~ the County of Riverside. no building pemtts shall be issued by County of ktverslde for any ~dev~cels within the ~ubJect tract until the developer, or the eloper*s t~ccessors-tn-tnterest I~ovtded evtdence of compliance ~tth the te~ne of ~mtd Developant A~rnement No. 5 for the financing of public f·ctlltles. b. Illth the submittal of Iwtldtng plans to the Departant of Building and Safet~ the developer shall damnstrata c~pllance with the ·cousttcal TBITATTVE TIUCT lO. Z3100 Ifimr Cht~je No. ! IMge 10 stu~ v~tch estaMtshed appropriate mlttgatlon ueasu~es that shall be ?~lted to tndtvldua] d~elllng antes vlthtn the subdivision to reduce !eat tnterto~ no~se levels to.45 Ldn end exterto~ no~se levels Iralow 65 Ldn. de liDof-Mounted Bachintel1 equlpuent shall not be peetteed vtthtn the subdivision, hMver solar equ~wnt or I~y other energy saytag 'ktldtng separation between 811 buildtrialS Including flrep3aces shall lot be less than ten (lO) feet. e. All street s?de yard setbacks stu~l be a erin?mum of ten (ZO) feet. f. Ali fTont~urds sha~l be provtded vtth l&ndscap?ng end automatic trTtgatton. Prtor to the tssuance of OCCUP~CY PERHITS the foileying conditions sha~l be slttsfted: Prtor to-the ftna~ buildtag Inspection approval b~ the Butldtng end Safety Department, ual~s shel~ be constructed along KAIser PiF~NU~ and llncho California told per the requirements Of Speclftc Plan 199 A~ No. ! and Tentative Tract 23~00 Iqtnor Change Icousttcll $tud~. requ,lred dll shall be sub:Ject to the approva~ of the Director of the . Department of Butldtng end Sifet~ end the Planntng Director. b. If111 and/or fence locations sial1 conform to Exhtblt III-28 of Sl~ctflc Plan ~99 had. No. 1. Co All landscaplng and trrtgatfon she31 be ?asSailed tn accordance wtth approved plans prtor to the ts_suance of occupanc~ peretas. If seasonal condtt4ons do not permit planting, 1neerim landscaping end eroston control leisures shall be uttltzed as approved b~ the Planntng Mrector end the Otrector of autldtng end Safety. All landscaping and Irrigation shall be Installed In accordance ~th approved plans and shall be vettried b~ · Planning Oeparbeent Yteld lot u4thstandtng the preceding condttlees, uherever an ecousttca~ study ts ~equtred for tolse attenuation purposes, the betgh~s of all requital mT1s sbe11 be datemined b~ the acoustical stud~ uhe~e applicable. Mte aidedelks $be11 be constructed throughout the subdivision 4n accordance utah the standards o? Ordinance 46~ and SpectYlc Plan No. TEFFATI~ TRACT nO. ~3100 Jffnor Change No. X (bndltJons of Approve] Page l! Street trees shall be planted throughbut the subdivision tn accordance ~tth the stlndards of Ordtn&nce 460 end Spectftc Plan Iio. 199 Amd. llo. 1. r~:mcb OFFICE OF rOAD COMM~310NER & liverside County Planning Conn£ssion 4080 Lanon Street liverside, CA 92501 February 24, 1989 f}'14} I'IT.IdS4 Re: Tract ~ap 23100 - Htn0r Change Schedule A - Team SP Ladies and Gentlemen: With respect to the conditions of approval £or the reference tentative land division ship, the Road Department recommends that the landdiv£der provide the £ollowing stree~ improvement plans and/or road ded£cations in accordance with Ord£nance 460 and Riverside County Road Improvement Standards (Ord£nance 451). It is understood that the tentative map correctly shove acceptable cen~erline profiles, all existing easements, traveled rays, and drainage courses with appropriate O's, and thac their otission Or unacceptability nay require the nap to be resubmit~ed for further consideration. These Ordinances and the following conditions are essential par~s and a requirement occurring In O~E is as binding as though occurring In all. They are intended to be coaplementary and to · describe the conditions for a complete design of the laprovement. All questions regarding the true meaning of the conditions shall be re~erred totheRsad Conn~asioner*s O~f£ce. The landdivider shall protect dovnstream properties ~rom damages caused by alteration of the drainage patterns, i,e., concentration of diversion of flow. Protection shal~ be provided by constructing adequate drainage facilities including enlarging existing £aciltties and/ or by securing a drainage easement. A~! drainage easeBents shall beehewn on the £~nalmap and noted as follows: 'Drainage hseBent - no building, obstructions, or encrcaehaents by lend fills are &liered". The protection sha~l be as approved b~ the Road Del~artuent. The lenddivider shall accept-end properly dispose of all offsite drainage £1oving onto or through the site. In the event the Road C~isslonar peruits the use of streets for drainage purposes, the provisions o~ Article IX of Ordinance He. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited £or drainage purposes, the subdivider shall provide adequate drainage facilities M approved b~ the loadDepar~Bent. Hip 23100 - #fnor Change 4 O IraJar drainage As involved on this landdivision and l~s resolution.shall be as approved by the Road Department. Selser Parkway shall be improved within the dedicated right of way An accordance with County Standa:d ,o. 101, Section B. (38'/50') "A" and "B".Street shall be Amproved within the dedicated right o~ way An accordance with County Standard No. 103', Section A. (44'/66') 'C', 'F", 'G", "K', '#' 'Q' and eS" Streets shall be Laproved within the dedicated right oE way in accordance with County Standard He. 104, SectAsh A. (40'/60') Streets shall be J3nproved within the dedicated right of way in accordance with County Standard No. 105, Section A. ((26'/60') The landdivider shall provide utility clearance from Rancho California Water District prior to the recordation of the final Rap. The min~nu~ centerline radii shall be 300' or as approved by the Road Deparf3nent. 10. Rancho California Road shall be improved with concrete curb and gutter located 43 feet from centerline and Ratch up asphalt concrete l~aving~ reconstruction; or resurfacing of existing paving as determined by the Road Commissioner v/thin a SS foot half width dedicated right of way An accordance with county Standard He. 100. 11. The Rln/mun lot frontages along the cul-de-sacs and ~nucklea shall be 35 £eet. 12. All driveways shall conform to the applicable Riverside County Standards. 13. 14. l~en blockvails are required to be constructed on top of slope, · debris retention wall shall be constructed at the street right of way lane to prevent silting of sidewalks as approved b~ the Road coenissioner. The minimum garage setback shall be 30 feet measured from t~e face of curb. .Tract Jbp 23100 - #1nor Change Febru6r~ 24. 1089 'Page 3 15. 16. 17.. 18. 19. 20. 21. 22. 23. 24. Concrete aidewalks shall be .constructed throughou~ the landdivision in accordance with'County St&ndard 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 o£ way in accordance with County Standard Iio. 106, Section B. (32'/60') at a grade and alignment as approved by the Road Commissioner. This Ls necessary for circulation purposes. Prior to the recordation o£ the final map, the developer shall deposit with the Riverside County Road DepartBent, a cash sun of $150.00 per lot as mitigation from traffic signal impacts. Should the developer choose to defer the time of payment, he may enter in~o a written agreement vi~h the County deferring said po~uent to the time of issuance of a building permit. Iuprovement plans shall be based upon a centerline profile extending a B~niBom of 300 [ee~ beyond the project boundaries at a grade and alignment as approved by the Riverside County Road Commissioner. Completion of road ]~p~ovements does not ~mpl~ acceptance for maintenance b~ County. Electrical and co~unications trenches shall be provided in accordance with 0rd~nance 461, Standard 817. Ashphaltic emulsion (fog seal) ~hall be applied not less than fourteen days £ollow~ng placeBent o£ the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall con£orB to Sect£ons 37, 39 and 94 of the State Standard Speci£ica~ions. Standard culede-aaca shall be constructed throughout the landdivision. Corner cutbacks in con~ozlance with County Standard No. 805 shall be shown on the final map and offered for dedication. Lot access shall be restricted on Ealser Parkway, Jtancho Clll£ornia Road and Butterfield Stage Road and so no~ed on the £Lnalmap. ~unddivisions crestlog cut or fill slopes adjacent to the Itreets shall provide erosion control, sight distance control and s1?pe easeBents as approved by the Road DeporCmant. '~ract Jl~' 23100 - #1nor Change February 24° 1~89 2S. 26. 27. AXl centerline Antersect~ons shat'l be a~ 90' vitb a nin.£mum SO* tangent measured £rom gX~ X~ne. ~e s~ree~ design and ~ov~men~ concep~ og ~hAs p~o~ec= ~11 ~ c~rdi~ed vi~h Sp ~99, ~ 23101, ~ 23103, ~ 20870, ~ 22~X5 and ~ 23142. S~ree~ 1Agh~Ang shalX ~ r~lred An accoFdance OrdA~nce 460 and 461 ~hroughou~ ~he subdivision. ~e ~un~ ServAce ~ea (C~) ~inis=ra~o= de=e=- Bines ~e~he~ ~his pro~sal ~all~ies unde~ existing assessnen~ dAs~Ac~ or no~. Xf no~, ~he ~ner o~ ~e an a~ica~lon vl~h ~CO annexation ~nto or creation o[ a 'Light~n9 Assessmenk D~str~c~' ~n accordrice e~h ~ver~en~al Code Section 56000. 28. All private and public entrances and/or intersectAons opposite this project shall be coordinated vith this project and shown on the street improvement plans. 29. A striping plan is required £or Kaiser Parkway, Rancho 30. California Road and Butterfield Stage Road. The removal the existing striping shall be done by County forces wi~h all incurred costs borne by the applicant. The landdivider shall comply vith the recommendations for SP 199 as outlined ~n the Road E)epar~nent*s letter dated April 1, 1988. Very truly yours, EB:Jv · ' ~&'NN~'H L. ~ARD~ RIV£RSlDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT llllf~llllDIt, G~IIPORNIA IJlOI Riverside County fiannlngDepartment " County Administrative Center Riverside, Clllfornta Attention: Regional Team No. Area: ~e c~/~ j&#~ Re: 'i',- c (: ~1oo M;m,. Ci~,~-3e No. ! have reviewed this case and have the following conments: Zxcept for nuisance nature local runoff which may traverse portions of the property the project is considered free from ordinary storm flood hazard. However, a storm of unusual magnitude could cause some damage. New construc- tion should comply with all applicable ordinances. ~he topography of the area conststs of well defined rtdges 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 ts tn the drainage plan fees shall be paid in regulations. accordance with the applicable Area r~les and The proposed zoning is consistent with existing flood hazards. Some flood control facilities or floodproofing may be required to fully develop to the tmlled denstry. The Dtstrtct's report dated Is still current for this project. The District' does not object to the proposed minor change. The attached cmmnts apply. Very truly yours, .t oHr'Clvll [ngtnKASHuBA eer ~ 11']uYfZCTlog Schedule "A" fire proCecCion approved sc&ud&rd fire hydT&ncs, (6"z&"z2~") located one ac ~ch acTeat ~ce=secc~on ~d spaced us mo~e Ch~n 330 feec ap8~c ~u ~ ~recc~on, ~cb no po~on of ny loc fconcale ~e ch~ 165 feec fr~ a hydrant. e~ ,. f~re ~1~ I~ be 1000 ~ foc 2 hours duration at'Z0 PSZ. App~'Lcanc/develo~er sha~! furnish one copy o~ ~e racer sysc~ pl~s co the h o~ed/appr~ed by a re~sce~ed c~v~ e~ueer ~ the loca~ vicar c~any ~ ~e fo~~.cerc~f~caC~on: "l ce~c~y C~C ~e design off the water lyiCen ~ ~ accord~ce ~ch the requ~c~ncl prescribed by the ~vera~de ~cy F~=e ' hpc.' ~ ~e appropr~ce ricer aSenc7 pr~o= co ~7 c~uscSble bu~d~ Mcer$~ m'T~GAT~ON FEES All ques~ons rq~ ~he ~ of the coud~cions shalt be Eelerred co cha l~re Deparem~C ~l--~v~ and Zn~neer~n~ acaf£. G8or~e T~um. Deput~y 7~re liLTshal FROM: County of Riverside lr~RuA~Y 8, 1989 IIVZ~S~DE COU~I'Y PLANlq'rNC DEPT. DATE: SAH HAItTINEZ,~'5'cNIOIt SANITARIAN - ENVIROIqH~NTAL ILEALTH S~'RVICES RE: I'~CT 23100 YIM Envlromeucal BeilCh Services has revleved Trace 23100/ litnor change ~1 diced January 20, 1989. Our coumencs v~11 zeuain 88 8~aced ~n our previous meuo diced Aprll 19, 1988. RIVERSIDE COUNTY PLANNING DEPARTMENT Administrative Center · 1777 Atlanta Avenue .. Riverside, CA 92507 Febzuaz7 28, ,1.989 IL~verslde County Planning Department Attention8 Kathy Gif£ord County Administrative Center 4080 Lemon Street l~verside0 CA 92501 Tract 23100 - Minor Change Ladies and Gentlemen~ The Land Use Division of the Department of Build£ng and Safety has the following conyachts and conditions~ Prior to the issuance of building permits. the developer shell obtain Planning Department approval for all on-sAte and off- sate signage advertising the sale of the subdivision pursuant to Section 19.6 of Ordinance 348. F~replaces may encroach 1' into required u~Ln~num 5' sade yard setback. ~echanical equipment may not be located in required minimum 5' s~de yard letback. Vez~ truly you~l. DEPARTMENT OF BUILDING AND SAFETY /amd U~_~vLsLon Riverside Co. Planntng Dept. * 4080 LeIon. St., 9th Floor . . Riverside, Ca 92501 The Dtstrtct ~s responding to 3four request for c~ments on the sub~ect pro~ect relattve to water and/or sewer service. ;he items checked belo~ appl$ to this pro~ect'revtew. The sub~ect pro~ect: Is not ~tthtn EMI~'s: ~ater service area sewer servtce area ,/~1fill be requtred to construct/provide the following ~-~rved b~ EKi~: facilities tf to -~ter Service and all necessar~ onstte and an~ offsite water wins, regulators, pumping plants, storage tanks, and appurtenant facilities and ~orks. All mtns end facilities are to be regtona11~ stzed. ParttctFettonwtt~l ragtonal water factl'tttes, and fee payments Iust be It. x #star mtns not be allowed along lot lines/private lands. Fire flow requtreIntS and backflow prevention reaut~ntsIustbeIt. · ~er Servtce ' .. "'~l~ 'and &11 necessary regionally stzed onstte and offsite grevtty sewers and · . ~lqmrt4~nt ~orlL~ that Itght fnclode Ionttorfng artholes, 11ft stations, force .-Itns, and Ifilant dfsposal/use. ~e~ers ~tll not be &11owed &long lot 11Mslprtvati land. Fee I~aent and partfctFetlon re' raglone1 sewers, . . trantInt, &nd~lfflee~t dtsposal Iust be net. Only ~mstes &cciptable to FJWI) fIgulattons v111 bI &1lowed. · . · .... EASTERN NJIIICIPAL I~lIR DISTRICT .flsatag DeFertint "'~. If-. ~k~mff. lq~ e,~a~, dr~ep. 204:5 ~ .Sin Joeltoo S.e~t · Past ofrke IL~x Jr)00 · .erin Joe;m-. Calliacnla ~!~l~. ! ~0 · TeJeiau~ 014) 925.76?6 CITY OF TEMECULA AGENDA REPORT AB#:/o HTG: DEPT: ~**~,~.-,~ ~ T:[TLE: ICMA DEFERRED COMPENSATION PROGRAM CITY ATTY'*""~ CITY FtGR RECOMMENDATION: That the City Council adopt a resolution amending Resolution 90-50. DISCUSSION: When Resolution 90-50 was adopted to allow the City to participate in the ICMA deferred compensation program, a paragraph was omitted from the resolution which allows the ICMA to maintain the City's plan document. The attached · resolution includes the necessary wording to complete the application process. FISCAL IMPACT: None. A TTA CHMENT: Resolution to amend Resolution 90-50. RF~OLUTION NO. ~0- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING RF~OLUTION 90-50 ESTABLISHING AN EMPLOYEE DEFERRED COMPENSATION PLAN TO BE ADMINISTERED BY ICMA RETIREMENT CORPORATION follows: The City Council of the City of Temecula does resolve, determine and order as WHEREAS, The City adopted Resolution No. 90-50 on the 8th day of May, 1990 establishing an Employee Deferred Compensation Plan and, WHEREAS, ICMA Retirement Corporation has provided the City with the specific deferred compensation plan, NOW THEREFORE BE IT RESOLVF~D, that the City of Temecula adopts the deferred compensation plan attached hereto as Appendix A, and directs as follows: Section 1. The City of Temecula hereby appoints the ICMA Retirement Corporation to serve as Administrator thereunder; and Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 24th day of July, 1990. ATTEST: Ronald J. Parks, Mayor June S. Greek, Deputy City Clerk [SEAL] 2fRE$OSI86 I 07116190 ("Employer") Deferred Compensation Plan 10/89 The Employor hereby establishes the Employer's Deferred Compensa- tion Plan, hereinafter mferr~ to as the "Plan:' The Plan consists of the provisions ~at forth in this document. The primary purpcee of this Plan i$ to provide retirement income and other datef~d benefits to the Employees of the Employer in accordance with the provisions of ~ 45T of the Internal Revenue Code of 1986, as amended (the "Code"). This Ran shall be an agreement solely between the Employer and ~ 2.01 A~,~.~nt: The bookkeeping account maintained for each Participant reflecting the cumulative amount of the Partcipant's Deferred Compensation, including any income, gains, losses, or increases or decreases in market value alt~utabie to the Employer's investment of the Participant's Deferred Combenaation. and fu~her reflecting any distri- butions to the Participant or the Partcipent'$ Beneficiary and any fees or ex13~'tses charged against such Participant's Deferred Compensation. ~ 2.02 Ad~Jnt~ato~: The parson or persons named to carry out certain nondiscretionary administrative functions under the Plan, as hereinafter described. The Employer may remove any person as Admin- istretor upon 60 daye' advance notice in writing to such person, in which case the Eml~loyer shall name another person or persons to act as Administrator. The Administrator may resign upon 60 days' advance riolice in writing to the Employer, in which case the Employer shall name another pemon or peruone to act as Administrator. ~ 2.03 Bartlficlarl~. The parson or persons designated by the Partclpant in his Join(let Agreement who shall receive any benefits payable hereunder in the event of the Participant's death. In the event that the Participant names two or more Beneficiaries. each Beneficiary shall be efttitled to equal shares of the benefits payable at the Partici- pant's death, unless otherwise provided in the Participant's Joinder Agreement. If no Beneficiary is designated in the Joinder Agreement, if the Designated Beneficiary predeceeses the Participant, or if the desig- nated Beneficiary does not survive the Participant for a period of fifteen (15) days, then the estate of the Participant shall be the Beneficiary. ~ 2.04 Deferred Com13~tlali~: The amount of Normal Compen- sation ofhem~so payable to the Participant which the Parrtcipant and the Eml~/or mutually agree to defer hereunder, any amount credited to · Participant's Account by reason of e transfer under Section 6.03, or any other amount which the Employer agrees to credit to a Partici- pant's Account. ~ 2.05 F.,.playea: Any individual who provides services for the Emptoyer, whether as an employee of the Employer or as an independ- ent contractor, and who has been designated by the Employer as eligible to partic#3ata in the Plan. ~ 2.0~ Inelm~bfe C~,,l~.~llon: The amount of an Employee's cumpansetton fi'om the Employer for a taxable year that is attributable to ~ performal for the Employe~ end that is includible in the Employ- ee'a gross income for the taxable year for federal income tax purposss; such term does not Include any amount excludable from gross income under this Plan or any other plan described in Section 457(b) of the Code or any other amount excludehie from gross income for federal income tax purposes. Includibla Compensation shall be determined without regard to any community I~roperty laws. Seelion 2.07 Joinder ~,&e e.:lb An agreement entered into between an Employee and the Employer, including any amendments or mndifice tions thereof. Such agreement shall fix the amount of Deferred Cornpen sation, specify · preference among the investment alternatives designated by the Employer, designeta the Employee's Beneficiary or Beneficiaries, end Incorporate the terms, conditions. and provisions of the Plan by reference. Secl~t 2.08 Hemtat Co,,,I~ Ins I~ion: The amount of compensation which would be payable to a Partictl~mt by the Employer for a taxable year if no Joinder Agreement w~re in effect to defer compansetion under this Plan. Section 2.09 NorraM RalkL/,4M Age: Age 70~, unless the Participant has elected an alternate Normal Retirement Age by written instrument deliv- ered to the Administrator prior to Separation from Sen, ice. A Partici- pants Normal Retirement Age determines the period during which a Participant may utilize the catch-up limitation of Section 5.02 hereun- der. Once a Participant hasto any extent utilized the catch-up limitation of Section 5.02, his Normal Retirement Age may not be changed. A Participant's alternate Normal Retirement Age may not be earlier than the earliest date that the Participant will become eligible to retire and receive unreduced retirement benefits under the Employer's basic retirement plan covering the Participant and may not be later than the date the Partclpant will attain age 70~. If a Participant continues employ- ment after attaining age 70W, not having previously elected en alternate Normal Retirement Age, the Participant's alternate Normal Retirement Age shall not be later than the mandatory retirement age, it any, estab- lished by the Employer, or the age at which the Participant actually separates from service if the Employer has no mandatory retirement age. If the Participant will not become eligible to receive benefits under a basic retirement plan maintained by the Employer, the Participant's alternate Normal Retirement Age may not be earlier than age 55 and may not be later than age 704. Seelion 2.10 P~llclpartt: Any Employee who has joined the Plan pursuant to the requirements of Article IV. · ectfon 2.11 Plan Year: The calendar year. Saclion 2.12 Ralb .... ¢nt; The first data upon which both of the following shall have occurred with respect to a participant: Separation from Sewice and attainment of age 65. Section 2.13 Separation fTom Sewice: Severance of the Participant's employment with the Employer which constitutes a "separation from sewice" within the meaning of Section 402(e)(4)(A)(iii) of the Code. In general, a Participant shall be deemed to have severed his employment with the Employer for purposes of this Plan when, in accordance with the established practices of the Employer, the employment relationship Is considered to have actually terminated. in the case of a Participant who is an independent contractor of the Employer, Separation from Sewlce shall be deemed to have occurred when the Partclpant's con- tract under which services are performed has completely expired and terminated, there is no foreseeable possibility that the Employer will renew the contract or enter into a new contract for the Participant's sewices, and tt is not anticipated that the Participant will become an Employee of the Employer. Article Ifi. ADMINIit g~l~rlON ~',ectlon 3.01 Duties of Employer:. The Employer shall have the authority to make all discretionary decisions affecting the rights or benefits of Participants which may be recluired in the administration of this Plan. ~eclkm 3.02 ~ of Ad,, I~tf kaita. The Administrator. as agent for the Employer. shall perform nondiscretionary administrative functions in connection with the Plan, Including the maintenance of Padiclpants' Accounts, the provision of periodic reports of the status of each Account. land the disbursement of benefits on behalf of the Employer in accor- dance wi~ 11~ provisfons of this Plan. ,N~icle IV. R~ ~ ~.,J .j iON IN THE I~.AN ~ 4.01 W PerlM#~atkm: An Employee may become a Participant by entering into a Joinder Agreement prior to the beginning of the catam:tar month in which the Joinder Agreement is to become effective to defer co,,,g.;l~atlorl ix~ y~ earned. ~eotlon4.02A,,J ~l~,~l ,IofJeim~erA~,_l.,,ent:A Participant mayamend an executed Joinder Agreement to change the amount of com~nsation not yet earned which is to be deferred (including the reduction of such lulure deferrals to zero) or to change his investment preference (subject to such restrictions as may ~esult from the nature or terms of any investment made by the Employer). Such amendment shall become effective as of the beginning of the calendar month commencing after the date the amendment is executed. A Participant may at any time amend his Joinder Agreement to change the designated Beneficiary, and such amendment shell become effective immediately. ~ V. UMi IA~ IOIJ~ ~ D~=r-F.~RAI.~ Becaon 6.01 Nem~ Um#atkm: Except as provided in Section 5.02, the maximum amount of Deferred Compensation for any Participant for any laxable year shall not exceed the lesser of $7.500.00 or 33'/3 percent of the Participant's Includible Compensation for the taxable year. This limitation will ordlnartly be equivalent to the lesser of $7,500.00 or 25 percent of the Participant's Normal Compensation. e.,c~k~a 5.02 Cak=h-I~ I.im#alfo.: For each of the last three (3) taxable years of s Participant ending before his attainment of Normal Retirement Age, the maximum amourit of Deferred Compensation shall be the lesser of: (1) $15,000 or (2} the sum of (i) the Normal Limitation for the taxable year. and (it) the Normal Umitation for each prior taxable year of the Participant commencing after 1978 less the amount of the Participant's Deferred Compensation for such prior taxable years. A prior taxable year shall be taken into account under the preceding sentence only if (i) the Participant was eligible to parficipate in the Plan for such year (or in any other eligible deferred compensation plan established under Sec- tion 457 of the Code which is property taken into account pursuant to regulations under section 457), and (it) compensation (if any) deferred under the Plan (or such other plan) was subject to the deferral limits- lions set forth in Section 5.01. ~ 6.03 Olher Pte~: The amount excludable from a Participant's gross income under this Plan or any other eligible deferred compensa- tion plan under section 457 of the Code shall not exceed $7.500.00 (or suc~ greater amount allowed under Section 5.02 of the Plan), less any amou~lt excluded from grose Income under section 403(b), 402(a)(8), or 402(h)(1)(B) of the Code, or any amount with respect 1o which a deduction is allowable by mason of a contribution to an organization desc,~oed In secaon S01(c}(16! of the Code. A~:le V!. INI/E~TME!~I~ ~ ACCOUNT VALUES ~ 6.01 Ih.~lbft[nl of I)ofafmd Compensation: All investments of Padicipenta' Deferred Compensation made by the Employer, including all !xoperty and rtghte purchased with such amounts and all income aftributable thereto, shall be the sole property of the Employer and shall not be held in trust for Participants or as collateral security for the fulfillment of the Employer's obligations under the Plan. Such property shall be subleot to the claims of general creditors of the Employer, and no Padiclpant or Beneficiary shall have any vested interest or secured or preferred position with ~ to such property or have any claim against the Employer exca~ as a general creditor. Section 6.02 Crediting of Acemm~: The Participant's Account shall reflect the amount and value of the Investments or other property obtained by the Employer through the investment of the Participant's Deferred Com pansalton. It is anticipated that the Employer's investments with respect to a Participant will conform to the investment preference specified in the Participant's Joinder Agreement. but nothing herein shall be con strued to require the Employer to make any particular investment of a Participant's Deferred Compensation. Each Participant shall receive periodic reports. not less frequently than annually. showing the then current value ot his Account. ,~ection 6.03 ~: (a) Incoming Transfers: A transfer may be accepted (rom an eligible deferred compensation plan maintained by another employer and cred lied to a Participant's Account under this Plan if (i) the Participant has separated from service with that employer and become an Employee of the Employer. and (ii) the other employer's plan provides that such transfer will be made. The Employer may require such documentation from the predecessor plan as it deems necessary to effectuate the transfer. to confirm that such plan is an eligible deferred compensation plan within the meaning of Section 457 of the Code, and to assure that transfers are provided for under such plan. The Employer may refuse to accept a transfer in the Iorm of assets other than cash. unless the Emoloyer and the Administrator agree to hold such other assets under the Plan. Any such transferred amount shall not be treated as a deferral subject to the limitations of Article V, except that, for purposes of applying the limitations of Sections 5.01 and 5.02, an amount deferred during any taxable year under the plan from which the transfer is accepted shall be treated as if it has been deferred under this Plan during such taxable year and compensation paid by the Iransferor employer shall be Irealed as if it had been paid by the Employer. (b) Outgoing Transfers: An amount may be transferred to an eligible deferred compensation plan maintained by another employer, and charged to a Participant's Account under this Plan, if (i) the Participant ' has separated from se~ca with the Employer and become an employee of the other employer, (it) the other employer's plan provides that such transfer will be accepted, and (iii) the Participant and the employers have signed such agreements as are necessary to assure that the Employer's liability to pay benefits to the Participant has been dis charged and assumed by the other employer. The Employer may require such documentation from the other plan as it deems necessary to effectuate the transfer, to confirm that such plan is an eligible deferred compensation plan within the meaning of section 457 of the Code, and to assure that transfers are provided for under such plan. Such trans- fers shall be made only under such circumstances as are permitted under section 457 of the Code and the regutations thereunder. Section 6.04 Employer Uabitily: In no event shall the Employer's liability to pay benefits to a Participant under Article VI exceed the value of the amounts credited fo the Participant's Account; the Employer shall not be liable for losses arising from depreciation or shrinkage in the value of any investments acquired under this Plan. Article VII. BENEFrrs Section 7.01 Retirement Benefits and Election on Separation from Service: Except as otherwise provided in this Article VII, the distribution of a Participant's Accounl shall commence as of April t of the calendar year after the Plan Year of the Participant's Retirement, and the distribu* tion of such Retirement benefits shall be made in accordance with one of the payment options described in Section 7.02. Notwithstanding the foregoing, the Participant may irrevocably elect within 60 days following Separation from Service to have the distribution of benefits commence on a fixed or determinable date other than that described in the preced- ing sentence which is at least 60 days after the date such election is delivered in writing to the Employer and forwarded to the Administrator. but not later than April 1 of the year following the year of the Participant's Retirement or attainment of age 701/2, whichever is later. ~ 7.02 Payment Ol=~m~: As provided in Sections 7,01, 7.04, and 7.05, & Partctoant or Beneficiary may elect to have the value of the Participants Account dtst~buted in accordance with one of the follow- trig payment Oldions, provided that such option is consistent with the ltm#atlons set forth in Section 7.03: (a) Equal monthly, ;luartarfy, seml-annuel or annual payments in an amount chosen by the Participant, continuing until his Account is exhausted; {b) One luml)-sum 13eyreant; (c) Al~rOximately e~lual monthly, quarterly, semi-annual or annual payment& calculalod to continue for a period certain chosen by the Partk:~nt (d) Annual Payments arlUal to the minimum distributions required under Section 401(a)(9) of the Code over the life expectancy of the Partctpant or over the life expectancies of the Participant and his Beneficiary. (e) Payments eclual to payments made by the issuer of a retirement annuity IX)ticy ecClUtrsd by the Employer, {f) Any other payment option elected by the Partcipant and agreed to by the Employer and Administrator, provided that such option must provide for substantially nonincreasing payments for any period after the latest benefit commencement date under Section 7.01. A ParttciDanrs or Beneficiary's election of a payment option must be made at least 30 dey~ before the payment of benefits Is to commence. If s Partc'Ipent or Beneficiary fails to make a timely election of a payment optk)n, benefits shall be paid monthly under option (c) above for a period of five years. · eclton/.05 Llmitotlon on Oi31iof~: No payment option may be selected by a Partcipent or Beneficiary under Sections 7.02, 7.04, or 7.05 unless II seaslies the requirements of Sections 401(a)(9) and 457(d)(2) of the Code, inciuding that payments commencing before the death of the Partialpent shall satisfy the incidental death benefits requirement under section 457(d)(2){B)(I)(I). Unless otherwise elected by the Participant, all determinations under Secfion 401(a)(9) shall be made without recal- ¢ulation ol Itfa exlxmtencies. Section 7,04 Post-feltmment Dealfi Benefits: (a) Should the Participant die after he has begun to receive benefits under a peymenl option, the remaining payments, if any, under the payment opfion shall be Dayable to the Partcipanrs Beneficiary com- mencing within the 30-day period commencing with the 6t st day after the Particiltenrs death, unless the Beneficiary elects payment under a different payment o~on that is available under Section 7.02 within 60 days of the Participant's death. Any different payment option elected by a Beneficiary under this section must provide for payments at a rate that is at least as rapid as under the payment option that was applicable to the Partcipent. In no event shall the Employer or Administrator be liable Io the Beneficiary for the amount of any payment made in the name of the PartciDant before the Admthistrator receives proof of death of the Partcipenl. (b) If the designated Beneficiary does not continue to live for the remain- ing period of payments under the DaymeN option, then the commuted value of any remaining payments under the payment option shall be paid in a lump sum to the estate of the Beneficiary. In the event that the Partctpenrs estate is the Beneficiary, the commuted value of any remain- ing Daymerits under the payment option shall be paid to the estate in a lump sum. ~ 7,05 F,e r~4b,..,,..~l Death Beltelite: (a) Should the Participant die before he has begun to receive the benefits provided by Section 7.01, the value of the Participant's Account shall be payable to the Beneficiary commencing within the 30-day period commencing on the 91st day after the Participant's death, unless the Beneficiary irrevocably elects a different fixed or determinable benefit commencement date within 90 days of the Partctpent's death. Such benefit commencement date shall be not later than the later of (i) December 31 of the year following the year of the Participant's death, or (11) If the Beneficiary is the Participant's spouse, December 31 of the year in which the Participant would have attained age 70~z. (b) Unless a Beneficiary elects a different payment option prior to the benefit commencement date, death benefits under this Section shall be paid in approximately e(lual annual installments over five years, or over such shorter period as may be necessary to assure that the amount of any annual installment is not less than $3,500, A Beneficiary shall be treated as if he were a Participent for purposes of determining the payment options available under Section 7.02, provided, however, that the payment option chosen by the Beneficiary must provide for pay- ments to the Beneficiary over s period no longer than the life expec- tancy of the Beneficiary, and provided that such period may not exceed fifteen (15) years if the Beneficiary is not the PartciDant's spouse. (c) In the event that the Beneficiary dies before the payment of death benefits has commenced or been completed, the remaining value of the Participant's Account shall be paid to the estate of the Beneficiary in a lump sum. In the event that the Partcipenrs estate is the Beneficiary, payment shall be made to the estate in a lump sum. SecUon 7.06 Unfo~aae~;bll En,srgsncles: (a) In the event an unforeseeable emergency occurs, a Participant may apply to the Employer to receive that part of the value of his Account that is reasonably needed to satisfy the emergency need. If such an applica- tion is approved by the Employer, the Participant shall be ;)aid only such amount as the Employer deems necessary to meet the emergency need, but payment shall not be made to the extent that the financial hardship may be relieved through cessation of deferrat under the Plan, insurance or other reimbursement, or liquidation of other assets to the extent such liquidation would not itself cause severe financial hardship. (b) An unforeseeable emergency shall be deemed to involve only cir- cumstances of severe financial hardship to the Participant resulting from a sudden unexpected illness, accident, or disability of the Partici- pant or of a dependent (as defined in Section 152(a) of the Code) of the Participant, loss of the Participanrs property due to casualty, or other similar and extraordinary unforeseeable circumstances arising as a result of events beyond the control of the Participant. The need to send a Participanrs child to college or to purchase a new home shall not be considered unforesaeable emergencies. The determination as to whether such an unforeseeable emergency exists shall be based on the merits of each individual case. Section 7.07 Transitional Rule for Pre-1989 Benefit Elections: In the event that, prior to January I, 1989, a Participant or Beneficiary has com- menced receiving benefits under a payment option or has irrevocably elected a payment option or benefit commencement date, then that payment option or election shall remain in effect notwithstanding any other provision of this Plan. Article VIII. NON-ASSIGNABIUTY Seelion 8.01 In General: Except as provided in Section 8.02, no Partici- pant or Beneficiary shall have any right to commute, sell, assign, pledge, transfer or otherwise convey or encumber the right to receive any payments hereunder, which payments and rights are expresdy declared to be non-assignable and non-transterable. Section 8.02 Domestic Relat~ne Orders: (a) Allowance of Transfers: TO the extent required under a final judg- ment, decree, or order (including approval of a property settlement agreement) made pursuant to a state domestic relations law, any portion of a Participant's Account may be paid or set aside for payment to a spouse, former spouse, or child of the Participant. Where necessary to carry out the terms of such an order, a separate Account shall be established with respect to the spouse, former spouse, or child who shall be entitled to make investment selections with respect thereto in the same manner as the Participant; any amount so set aside for a spouse, former spouse. or child shall be paid out Jn a lump sum at the earliest date mat benefits may be paid to the Participant, unless the orelet directs a different time or form of payment. Nothing in this Section shall be construed to authorize any amount to be distributed under the Plan at a time or in a form that is not permitted under Section 457 of the Code. Any payment made to a person other than the Participant pursu- ant to this Section shall be reduced by required income tax withholding; the fact that payment is made to a parson other than the Participant may not prevent such payment from being inciudible in the gross income of the Participant for withholding and income tax reporting purposes. (b) Release hom Liability to Participant: The Employer's liability to pay benefits to a Participant shall be reduced to the extent that amounts have been paid or set aside for payment to a spouse. former spouse, or chitd pursuant to paragraph (a) of this Section. No such transfer shall be effectuated unless the Employer or Administrator has been provided with satisfactory evidence that the Employer and the Administrator are refaasad from any further claim by the Participant with respect to such amounts. The Participant shall be deemed to have releasacl the Employer and the Administrator from any claim with respect to such amounts, in any case in which (i) the Employer or Administrator has been sewed with legal process or otherwise joined in a proceeding relating to such transfer, (it) the Participant has been notified of the pendency of such proceeding in the manner prescribed by the law ol the jurisdiction in which the proceeding is pending for service of process in such action or by mail from the Employer or Administrator to the Participant's last known mailing address, and (iii) the Participant fails to obtain an order of the court in the proceeding relieving the Employer or Administrator from the obligation to comply with the judgment. decree, or or(:ler. (c) Participation in Legal Proceedings: The Employer and Administrator shall not be obligated to defend against or set aside any judgment, decTee, or ordar described in paragraph (a) or any legal order relating to the garnishment of a Participant's benefits, unless the full expense of such legal ection is berne by the Participant. In the event that the Participant's action (or inaction) nonetheless causes the Employer or Administrator to incur such expense, the amount of the expense may be charged against the Participant's Account and thereby reduce the Employer's obligation to pay benefits to the Participant. In the course of any proceeding relating to divorce, separation, or child support, the Employer and Administrator shall be authorized to disclose information relating to the Participant's Account to the Participant's spouse, former spouse, or child (including the legal representatives o! the spouse, former spouse, or child), or to a court. A/tide IX. RELATIONSHIP TO OTHER PLANS AND EMPLOYMENT AGREEMENTS This Plan serves in addition to any other retirement, pension, or peneat plan or system presently in existence or hereinafter established for the benefit of the Employers employees, and participation hereun- der shall not affect benefits receivei3fa under any such plan or system. Nothing contained in this Plan shall be deemed to constitute an employ- ment contract or agreement between any Participant and the Employer or to give any Participant the right to be retained in the employ of the Employer. Nor shall anything herein be construed to medify the terms of any employment contract or agreement between a Participant and the Employer. Article X. AMENDMENT OR TERMINATION OF PlAN The Employer may at any time amancl this Plan provided that it transmits such amendment in writing to the Administrator at least 30 days prior to the effective date of the amendment. The consent of the Administrator shall not be required in order for such amendment to become effective, but the Administrator shall be under no obligation to continue acting as Administrator hereunder if it disapproves of such amendment. The Employer may at any lime terminate this Plan. The Administrator may at any time proposa an amendment to the Plan by an instrument in writing transmitted to the Employer at least 30 days before the effective date of the amendment. Such amendment shall become effective unless, within such 30-day beried, the Employer notifies the Administrator in writing that it disapproves such amend- ment, in which casa such amendment shall not become effective. In the event of such disapproval, the Administrator shall be under no obliga- tion to continue acting as Administrator hereunder. If this Plan docu- ment constitutes an amendment and restatement of the Plan as previously adopted by the Employer, the amendments contained herein shall become effective on January 1, 1989, and the terms ot the preced- ing Plan document shall remain in effect through December 31, 1988. Except as may be required to maintain the status of the Plan as an eligible deferred compensation plan under section 457 ol the Code or to comply with other applicable laws, no emandmant or termination oi the Plan shall divest any Participant of any rights with respect to com- pensation deferred before the date of the amendment or termination. ~ Xl. AI~II.ICABLE LAW This Plan shall be construed under the laws of the state where the Employer is located and is established with the intent thel it meet the requirements of an "eligible deferred compensation plan" under Sec- tion 457 of the Code, as amended. The provisions of this Plan shall be interpreted wherever possible in conformity with the requirements ol that section. Article XII. GENDER AND NUMBER The masculine pronoun, whenever used herein, shall include the feminine pronoun, and the singular shall include the plural, except where the context requires otherwise. CITY OF TEMECUL AGENDA REPORT AB#: ~ TITLE: DEPT:b b# Ire A RESOLUTION 10 CHANGE HIE STREET NAHE OF KATHLEEN NAY TO RIDGE PARK DRIVE DEPT HO~ CiTY ATI'Y CiTY HGR RECOMMENDATION That the City Council APPROVE and ACCEPT Resolution No. street name of Kathleen Way to Ridge Park Drive. · changing the DISCUSSION A petition for a street name change was filed by Omdahl Enterprises, with the County of Riverside. Prior to the City of Temecula Incorporation, the Intention to change the street name from Kathleen Way to Ridge Park Drive was reviewed by the County departments and a resolution prepared for the name change. Now that the City of Temecula has Incorporated, the County has transferred this matter to the City for Council action. Omdahl Enterprises has contacted all of the affected property owners and obtained letters of consent for the name change. SUMMARY All appropriate departments have reviewed the proposed street name change and find the change consistent with the area theme. RESOLUTION NO. 90- A RESOLIYrION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE STREET NAME OF KATHLEEN WAY TO RIDGE PARK DRIVE follows: The City Council of the City of Temecula does resolve, determine and order as WHEREAS, Sections 34091.1 and 34092 of the Government Code provides for changing the name of a public street, and; WHEREAS, the developer, Omdahl Enterprises has applied under the provisions of the Government Code to change the name of Kathleen Way to Ridge Park Drive, to be consistent with the area theme, and; WHEREAS, Omdahl Enterprises has contacted all of the affected property owners and obtained letters of consent for the name change; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula determines and orders that the name of Kathleen Way be changed to Ridge Park Drive. PASSED, APPROVED AND ADOFrED this 19th day of June, 1990. ATF~T: Ronald J. Parks, Mayor June S. Greek, Deputy City Clerk [SEAL] 2/RESOS/74 I 07117190 OF' -T COUNTY OF RIVERSIDE PETITION FOR STREET NAME The road currently known as k'/~T~[ ~;iA] Cl $URYE'¥ COUNTy ROAD DIEPARTMENT in the "r"P"/.,,/F:_~L,/L2~.. area is under petition for a name change to pIH~F. /~P~' ~)~.. Please note reason for name change request, by whom, and telephone number= T-)~/~A/ Zf~Ed~/Z~-6-.-'~ All property owners abutting the easement are herewith given the opportunity to sign this petition and express their opinion towards the proposed name change. Please fill out this form and mail to: Riverside County road Department, P.O. Box 1090~ Riverside Ca. 92502, Attn: Kelly Henry, Street Names. PLEASE PRINT APPROVAL I I I I I t I I I I I I I 1 I I I I I I I I ' I I I I I I I I I I I I~DSN4 78., _ 9-6-89 ,.'.lane chan_~e from Kathleen Way to Ridge Park Dr. (Thomas Bros. page 125 D-4) To whom it may concern; I, John Firestone,. as owner of lots 20 & 21 of P.M. 1825~, ~o hereby a~ree to the chan~e of name from' Kathleen Way to Ridge Park Drive. Thank You. Sincerely yours · 'John ~ irestone JOHN A. SVENNINGSEN 10 PHEASANT RIDGE ROAD RYE, NEW YORK 10580 October 18, 1989 County of Riverside Road Department Right-a-Way Division Name changes from Kathleen Way to Ridge Park Drive (Thomas Bros. page 125 D-4) To whom it may concern: I, John Svenningsen, as owner of Lot 1 of PM 19626-2 and a portion of PM 18254 Lot 19, do hereby agree to the change of name from Kathleen Way to Ridge Park Drive. Thank you. Sincerely, John A. Svennin~en 7~.,~ October 12, 1989 COUNTY OF RIVERSIDE ROAD DEPARTHEN]' RIGHT-A-WAY DIVISION RE: Name change from Kathleen Way to Ridge Park Drive (Thomas Bros. page 125 D-4) To whom it may concern; I, All Parsa, as owner of Lot 2 of P~! i9626-t, do hereby agree to the change of name from Kathleen Way to Ridge Park Drive. Thank You. SincereJ~Yours, October J2~ 1989 COUNTY OF RIVERSIDE ROAD DEPARTMENT RIGHT-A-WAY DIVISION RE: Name change form Kathleen Way to Ridge Park Drive {Thomas Bros. page 125 D-4) To whom it may concern; We, Preferred Equities, as owners of Lot 3 of PM 19626-1, do hereby agree to the change of name from Kathleen Way to Ridge Park Drive. Thank You. Since~ ~ Pres/ / ~_on H.e. adt 'iden CITY OF TEMECULA AGENDA REPORT AB$ /~ TITLE: DEPT HD ~ MTG:7-24-90 Public He&lth Services CITY ATTY DEPT:C C. CITY MGR Prepared by June Greek, Deputy City Clerk RECOMMENDATION: Adopt a resolution designating the Public Health Director of the County of Riverside to enforce all state laws and regulations relating to public health within the boundaries of the City. BACKGROUND: The City Council approved Resolution No. 89-17 on December 12, 1989 which designated the County of Riverside Health Department as the enforcement agency for the City of Temecula. The resolution requested that the County provide these services through June 3, 1990. The proposed resolution extends this period through June 30, 1991. FISCAL IMPACT: The Health and Safety Code Section 503 requires that the County provide this service when a City does not provide for enforcement of the State laws and regulations. RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ENFORCEMENT OF STATE LAWS AND REGULATIONS RELATING TO PUBLIC HEALTH WHEREAS, the City of Temecula was incorporated on December 1, 1989; and WHEREAS, at the request of the City, the County of Riverside will continue to provide services through June 30, 1991; and WHEREAS, Health and Safety Code Section 503 provides that when the City does not otherwise provide for enforcement of state laws and regulations relating to public health, it shall designate the Public Health Director of the County to do so. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA RESOLVF~ AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby designates the Public Health Director of the County of Riverside to enforce all state laws and regulations relating to public health within the boundaries of the City of Temecula. APPROVED AND ADOFFED this 24th day of July, 1990. Ronald J. Parks, Mayor ATTEST: June S. Greek, Deputy City Clerk 07118190 AGENDA REPORT TO: Honorable Mayor and City Council MEETING DATE: July 24, 1990 REPORT DATE: July 17, 1990 FROM: Maryann L. Goodkind, City Attorney's Office SUBJECT: APPROVAL OFTHE FORMATION OF A NONPROFIT PUBLIC BENEFIT CORPORATION (THE TEMECULA CAPITAL IMPROVEMENT CORPORATION) TO FACILITATE THE FINANCING OF CAPITAL IMPROVEMENTS ON BEHALF OF THE CITY. RRCOMMRNDATION It is recommended that the City Council approve Resolution No. 90-XX, which Resolution does the following: 1) Approves the formation of the Temecula Capital Improvement Corporation, a California nonprofit public benefit corporation (the "Corporation") to facilitate the financing of capital improvements on behalf of the City; 2) Appoints the members of the City Council as the initial Board of Directors of the Corporation and instructs them to sign the Articles of Incorporation and file the same with the Secretary of State; 3) Approves the form of the Articles of Incorporation and Bylaws; and 4) States that the approval of the City is required for all documents related to the issuance of bonds, notes, or other indebtedness of the Corporation. BACKGROUND: In conjunction with the proposed financing by the City of the City Hall Facility, it has been proposed that Certificates of Participation (COPs) or similar financing be utilized. This necessitates that a nonprofit public improvement corporation be formed. In the proposed financing the City is the lessee (or purchaser) of the facility from a nonprofit corporation pursuant to a lease (or installment sale agreement). The City pays semi-annual lease (or purchase) payments from the general fund to the nonprofit corporation. These payments flow through to a trustee bank and then to certificate holders who have purchased the right to participate in the lease (or purchase) payments. The lease (or purchase) payments have a principal and interest component, the interest component of which is tax-exempt. For a lease or installment sale arrangement to exist, the City should form a nonprofit public improvement corporation that will serve as the financing vehicle. The Corporation can be used for subsequent financings for capital improvements. The accompanying Resolution provides that the members of the City Council are directed to execute the Articles of Incorporation (the "Articles") and serve as the Board of Directors of the Corporation. The first organizational meeting of the Corporation will be held once the Articles have been filed with the Secretary of State. Action with respect to the proposed financing will be requested of both the Corporation and the City at a later date. FISCAL IMPACT None. ATTACHMRNTS 1) Resolution No. 90-XX, including the Articles of Incorporation and Bylaws as Exhibit A and B, respectively. AGD72223 -2- mlg:ir/RES02664 RESOLUTION NO. 90-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULAAPPROVING THE FORMATION OF A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORA- TION TO FACILITATE THE FINANCING OF CAPITAL IMPROVEMENTS ON BEHALF OF THE CITY OF TEMECULA, CALIFORNIA; DETERMINING THATTHE FORMATION OF SAID CORPORATION AND THE ISSUANCE OF BONDS, NOTES OROTHER OBLIGA- TIONS BY SAID CORPORATION TO FINANCE THE COSTS OF CAPITAL IMPROVEMENTS FORTHE BENEFIT AND USE OF THE CITY WITJ. CONSTITUTE A PUBLIC PURPOSE; APPOINTING THE INITIAL BOARD OF DIRECTORS OF SAID CORPORATION; APPROVING AND AUTHORIZING THE EXECUTION OF ~TJ. DOCUHENTS NECESSARY FORTHE FORMATION OF THE CORPORATION; AND REQUIRING APPROVAL BY THE CITY OF ALL DOCUMENTS ~TED TO THE ISSUANCE OF BONDS, NOTES OR OTHER OBLIGA- TIONS BY THE CORPORATION. WHEREAS, the City Council of the City of Temecula, California (the "City), hereby finds and determines that it is necessary, desirable and in the best interests of the City to make certain public improvements (the "Improvements") for the benefit and use of the City and thereby improve and enhance the ability of the City to provide essential and public services and facilities for the citizens of the City; and WHEREAS, it is proposed that the Temecula Capital Improvement Corporation, a nonprofit public benefit corporation of the State of California (the "Corporation"), be formed under the provisions of the Nonprofit Public Benefit Corporation Law of the State of California (the "Act"), with the approval of the City to finance the costs of the Improvements for the benefit and use of the City; and WHEREAS, the Corporation will engage in activities for the benefit of the City that are (a) permissible for nonprofit public benefit corporations pursuant to the Act, (b) consistent with the Corporation's proposed exemption from federal income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and (c) consistent with the obligations of the Corporation being exempt from federal income taxation under Section 103(a) of the Internal Revenue Code of 1986, as amended; and WHEREAS, the Corporation will be authorized and empowered to borrow money through the issuance of notes, bonds or other obligations of the Corporation and to use the proceeds of such obligations to plan, develop, acquire, construct, improve, extend, repair, renovate and/or finance public buildings, works, projects, facilities, furnishings and equipment for the benefit of the City in order to further the public purposes for which the Corporation will be formed; and WHEREAS, it is necessary and desirable for the City Council to approve the formation of the Corporation so that the City and the Corporation can proceed with the preparation of plans, documents, authorizations and applications that are necessary to proceed with the financing of the Improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Public Purpose. The City Council hereby finds and determines that the formation of the Corporation to finance the costs of the Improvements for use by the City will promote the public welfare by improving and enhancing the ability of She City to provide essential and public services and facilities for the citizens of the City. SECTION 2. Approval of Formation of the Corporation. The City Council hereby approves the formation of the Corporation for the purposes set forth in its Articles of Incorporation attached hereto as Exhibit A. SECTION 3. Approval of Articles of Incorporation and Bylaws of the Corporations. The City Council hereby approves the Articles of Incorporation and the Bylaws of the Corporation in substantially the forms attached hereto as Exhibits A and B, respectively. The board of directors of the Corporation are hereby authorized and directed to file said Articles of Incorporation with the Secretary of State of California. SECTION 4. Approval of Board of Directors. The City Council hereby approves the initial board of directors of the Corporation as designated in accordance with Article V of the Articles of Incorporation. SECTION 5. Issuance of Obligations by the Corporation. The Corporation shall not issue or authorize the execution, sale or delivery of any bonds, notes or other obligations with respect to financing any Improvements for -2- the benefit and use of the City until, in each case, the City Council adopts a resolution approving each specific issuance or authorization of obligations. Any bonds, notes or other obligations of the Corporation shall not be a deDt of the City and the City shall not be liable thereon. In no event shall any bonds, notes or other obligations issued by the Corporation be payable out of any funds or properties other than those acquired for the purpose of financing such Improvements, and such bonds, notes and obligations shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory debt limitation or restriction. SECTION 6. Costs and Expenses. The City Council hereby authorizes its Mayor, the City Attorney, the City's Bond Counsel, Burke, Williams, Sorensen & Gaar, and such officers and employees as the Mayor may designate, to continue with the planning and design work for the Improvements and authorizes the City, subject to prior approval of the City Council, to advance the funds necessary for such purposes. Any funds advanced by the City as aforesaid shall be promptly reimbursed or authorized to be reimbursed to the City to the extent such reimbursement is permitted by law, from the proceeds of any obligations issued or caused to be sold by the Corporation to finance the improvements. SECTION 7. Further Authority. The Mayor, City Attorney, Burke, Williams, Sorensen & Gaar, and such officers, employees and representatives of the City as they may direct, are hereby authorized and directed to proceed with the necessary negotiations and the preparation of the legal documents relating to the Improvements and the issuance of or authorization to sell bonds, notes or other obligations by the Corporation to finance the Improvements; provided, however, that all documents whose execution and delivery are contemplated by the provisions hereof, including but not limited to, the terms of any bonds, notes or other obligations and of the sale of the same, shall be approved by the City Council. -3- SECTION 8. Effective Date. This Resolution shall take effect immediately upon its adoption by the City Council of the City of Temecula. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this , 19 . 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 , 19__ by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS DAVID S. DIXON CITY CLERK -4- ART82645 ARTICLES OF INCORPORATION OF THE TEMECULA CAPITAL IMPROVEMENT CORPORATION ARTICLE [. Name The name of this corporation is the TEMECULA CAPITAL IMPROVEMENT CORPORATION. ARTICLE II. Purpose Section I. This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for public charitable purposes. Section 2. This corporation is formed exclusively for public and charitable purposes including the following: To lessen the burdens of government to benefit and carry out the purposes of the City of Temecula, a municipal corporation, by providing for the planning, development, acquisition, construction, improvement, extension, repair, renovation and/or financing of public buildings, works, project, facilities, furnishings and equipment for the benefit or use of the City of Temecula, California. Section 3. This corporation may engage in such further and other purposes as are permitted by law, and not prohibited by these Articles of Incorporation, and which may be authorized and approved by the Board of Directors of the corporation from time-to- time and which are in furtherance of its public and charitable purposes; provided that, this corporation shall not carry on any other activities nor engage in any other purposes not permitted to be carried on by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (or the corresponding provision of any future United States internal revenue law). ARTICLE rIl. Initial Agency for Service of Process The name and address in California of the corporation's initial agent for service of process are: David S. Dixon, City Clerk, 43162 Business Park Drive, Temecula, CA 92390. -1- ARTICLE IV. ?owers The corporation shall have all the powers of a nonprofit public benefit corporation enumerated in or permitted by the Nonprofit Public Benefit Corporation Law, to be exercised only to prosecute and further its nonprofit public and charitable purposes; provided, however, that none of the powers of the corporation shall be exercised to engage in activities, otherwise than as an insubstantial part of its activities, which are not in themselves in furtherance of the public and charitable purposes of the corporation, Section 1. the following: Section 2. Section 3. ARTICLE V. Directors, Members, Stock The corporation shall have five (5) directors designated initially to be Ron Parks Margaret (Peg) Moore Karel S. Lindemans Sal Munoz Patricia Birdsall The corporation shall have no members. The corporation shall have no capital stock. ARTICLE Dedication and Dissolution Section 1. This corporation is organized and operated exclusively for public and charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (or the corresponding provision of any future United States internal revenue law). Section 2. The property of this corporation is irrevocably dedicated to public and charitable purposes and no part of the net earnings or assets of this corporation shall ever inure to the benefit of any director or officer thereof or to the benefit of any private person. Section 3. Upon the dissolution or winding up of the corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of the corporation shall be distributed to the City of Temecula, a municipal corporation of the State of C~lifornia, if then in existence, and, if not in existence, them to its successor or successors, provided that such operated exclusively for public and charitable purposes as shall at the time qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue'Code of 1986, as amended (or the corresponding provision of any future United States internal revenue law). If no such successor is then in existence, any remaining assets shall be distributed to such organization or organizations as the Board of Directors shall select and which are organized and operated exclusively for public and charitable purposes as shall at the time qualify as an exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986 as amended (or the corresponding provision of any future United States internal revenue law). -2- Section 4. The beneficial interest of the City of Temecula referred to in Article Vl, Section 3, shall be accepted by the governing body of the City of Temecula by formal action. ARTICLE VII. Amendment These Artroles of Incorporation may be amended in the manner now or hereafter prescribed by the Nonprofit Public Benefit Corporation Law, but only upon (a) the directors then fixed by these Articles of Incorporation, and (b) the approval of the governing body of the City of Temecula, California. ARTICLE VIII. Limitation on Corporate Activities No substantial part of the activities of the corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the corporation shall not directly or indirectly participate or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. DATED: , 1990 Ron Parks Margaret (Peg) Moore Karel Linderoans Sal Munoz Patricia Birdsall -3- The undersigned hereby declare that we are the persons who executed the foregoing Articles of Incorporation, which execution is our act and deed. Ron Parks Margaret (Peg) Moore Karel Lindemans Sal Munoz Patricia Birdsall -4- BYL18840 BYLAWS OF TEMECULA CAPITAL IMPROVEMENT CORPORATION, A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION ARTICLE I OFFICES The principal office for the transaction of the business of the Corporation (principal executive office) is located in the City of Temecula, County of Riverside, State of California. ARTICLE II MEMBERSHIP Section 1. No Members. The Corporation shall not have any members. Section 2. Effect of Membershio Prohibition. Since the Corporation has no members, any action which would otherwise require approval by a majority of all members or approval by the members shall require only the approval of the Board of Directors, except as otherwise required by these Bylaws or the Articles of Incorporation. All rights which would otherwise vest under the California Nonprofit Corporation Law in the members shall vest }n the Directors, except as otherwise required by the Bylaws or the Articles of Incorporation. ARTICLE [] DIRECTORS Section 1. Powers. (a) General Corporate Powers. Subject to the provisions of the California Nonprofit Corporation Law and any limitations in the Articles of Incorporation and these Bylaws, the business and affairs of the Corporation shall be managed, and all corporate powers shall be exercised, by or under the direction of the Board of Directors. (b) Specific Powers. Without prejudice to these general powers, and subject to the same limitations, the Directors shall have the power to: (i) Select and remove all officers, agents, and employees of the Corporation; prescribe any powers and duties for them that are consistent with law, with the Articles of Incorporation and with these Bylaws; fix their compensation; and require from them security for faithful service. (it) Change the principal executive office in the State of California from one location to another; cause the Corporation to be qualified to do business in any other state, territory, dependency or country; and conduct business within or outside the State of California. (iii) Adopt and use a corporate seal, and alter the form of the seal. (iv) Borrow money and incur indebtedness on behalf of the Corporation and cause to be executed and delivered for the Corporation's purposes, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations and other evidences of debt and securities. Section 2. Number and Qualification of Directors. The authorized number of Directors shall be five (b) as provided in .Article V, Section ! of the Articles of Incorporation. The Directors of the Corporation shall be residents of the City of Temecula and County of Riverside, State of California. Section 3. Restriction on Interested Persons as Directors. No more than forty-nine percent (49%) of the persons serving on the Board of Directors may be interested persons. For the purpose of this Section, "interested persons" means either: (a) any person currently being compensated by the Corporation for services rendered to it within the previous twelve (12) months, whether as a full- or part-time employee, independent contractor, or otherwise, excluding any reasonable compensation paid to a Director as Director, or (b) any brother, sister, ancestor, descendant, spouse, brother-in-law, sister- in-law, son-in-law, daughter-in-law, mother-in-law, or father-in-law of any such person. The provisions of this Section shall not affect the validity or enforceability of any transaction entered into by the Corporation. Section 4. Designation and Term of Office. All Directors shall be designated by the City Council of the City of Temecula, California. Each such Director shall hold office for as long as the Director is a member of the City Council of the City of Temecula, and until a successor has been designated and qualified. Section 5. Compensation. The Directors shall serve without compensation. However, Directors may receive such reimbursement for normal, ordinary and reasonable expenses incurred by them as may be fixed or determined by the Board of Directors. Section 6. Vacancies. (a) Events Causing Vacancy. A vacancy or vacancies on the Board shall exist on the occurrence of the following: (i) The death or resignation of any Director; (it) the declaration by resolution of the Board of a vacancy in the office of a Director who has been declared of unsound mind by an order of court, convicted of a felony, or found by final order or judgment of any court to have breached a duty under Article 3 of Chapter 2 of Part 2 of the California Nonprofit Corporation Law; (iii) the vote of a majority of the Directors then in office to remove any Director, subject to the approval of the City Council of the City of Temecula, California; (iv) the removal of any Director by the City Council of the City of Temeeula, California; (v) any Director is no longer a member of the City Council of the City of Temecula; or (vi) the increase of the authorized number of Directors. -2- (b) Resignations. Except as provided in this paragraph, any Director may resign by giving written notice to the Chairman of the Board or to the President or the Secretary of the Board. The resignation shall be effective when the notice is given unless it specifies a later time for the resignation to become effective. If a Director's resignation is effective at a later time, a successor may be designated to take office as of the date when the resignation becomes effective. Except on notice to the Attorney General of the State of California, no Director may resign if the Corporation would be left without a duly elected Director or Directors. (e) Filling Vacancies. Vacancies on the Board of Directors shall be filled by the City Council of the City of Temecula, California. (d) No Vacancy on Reduction of Number of Directors. No reduction of the authorized number of Directors shall have the effect of removing any Director before that Director's term of office expires. ARTICLE IV MEETINGS Section I. Place of Meetings. Regular meetings of the Board of Directors may be held at any place within the State of California that has been designated from time to time by resolution of the Board. In the absence of such a designation, regular meetings shall be held at the principal executive office of the Corporation. Special meetings of the Board shall be held at any place within the State of California that has been designated in the notice of the meeting or, if not stated in the notice or there is no notice, at the principal executive office of the Corporation. Section 2. Annual Meeting. The annual meeting of the Board of Directors shall be held at such time and place as may be determined by resolution of the Board. Notice shall be given as required under Section 9 of this Article. Section 3. Other Regular Meetings. Other regular meetings of the Board of Directors shall be held without call at such time as shall from time to time be fixed by the Board of Directors. Section 4. Special Meetings. (a) Authority to Call. Special meetings of the Board of Directors for any purpose may be called at any time by the Chair of the Board or the President, or any Vice President, the Secretary, or any two Directors. (b) Notice. (i) Manner of Giving. Notice of the time and place of special meetings shall be given to each Director by one of the following methods: (a) by personal delivery of written notice; (b) by first-class mail, postage prepaid; (c) by telephone communication, either directly to the Director or to a person at the Director's office who the person giving the notice has reason to believe will promptly communicate it to the Director; or (d) by telegram, charges prepaid. All such notices shall be given or sent to the Director's address or telephone number as shown on the records of the Corporation. -3- (ii) Time Requirements. Notices sent by first-class mail shall be deposited into the United States mails at least four (4) days before the time set for the meeting. Notices given by personal delivery, telephone, or telegraph shall be delivered, telephoned or given to the telegraph company at least forty-eight (48) hours before the time set for the meeting. (iii) Notice Contents. The notice shall state the time of the meeting and the place for the meeting. The notice shall specify the purpose of the meeting. Section 5. Quorum. A majority of the authorized number of Directors shall constitute a quorum for the transaction of business, except to adiourn as hereinafter provided. Every act or decision done or made by a majority of the Directors present at a meeting duly held at which a quorum is present shall be regarded as the act of the Board of Directors, unless a greater number be required by law, the Articles of Incorporation or the Bylaws. A meeting at which a quorum is initially present may continue to transact business, notwithstanding the withdrawal of Directors, if any action taken is approved by at least a majority of the required quorum for that meeting. Section 6. Waiver of Notice. Notice of a meeting need not be given to any Director who, either before or after the meeting, signs a waiver of notice, a written consent to the holding of the meeting, or an approval of the minutes of the meeting. The waiver of notice or consent need not specify the purpose of the meeting. All such waivers, consents, and approvals shall be filed with the corporate records or made a part of the minutes of the meeting. Notice of a meeting need not be given to any Director who attends the meeting and does not protest, before or at the commencement of the meeting, the lack of notice to him or her. Section 7. Adjournment. A majority of the Directors present, whether or not a quorum is present, may adjourn any meeting to another time and place. Notice of the time and place of holding an adjourned meeting need not be given unless the original meeting is adjourned for more than twenty-four hours (24). If the original meeting is adjourned for more than twenty-four (24) hours, notice of any adjournment to another time and place shall be given, before the time of the adjourned meeting, to the Directors who were not present at the time of the adjournment. Section 8. Voting. Each Director present at any meeting shall be entitled to cast one vote on each matter coming before such meeting for decision. If a roll call is taken, all votes shall be recorded so as to attribute each "aye" and "nay" vote, or abstinence if not voting, to the name of the respective Director. Section 9. Ralph M. Brown Act. Notwithstanding any provision of these Bylaws to the contrary, all meetings of the Board of Directors shall be noticed and conducted in compliance with the Ralph M. Brown Act (California Government Code §S 54950, et seq. as it may be amended from time-to-time). -4- ARTICLE V OFFICERS Section 1. Officers. The officers of the Corporation shall be a President, a Vice President, a Secretary, a Chief Financial Officer and such other officers as the Board of Directors may elect, including, but not limited to, Assistant Secretaries, a Treasurer and Assistant Treasurers. The President and the Vice President shall be elected from among the members of the Board of Directors and shall at all times while holding such offices be members of the Board of Directors. The Secretary and the Chief Financial Officer may be, but are not required to be, members of the Board of Directors. Any number of offices may be held by the same person, except that neither the Secretary nor the Chief Financial Officer may serve concurrently as either the President or the Chairperson of the Board. Section 2. Election. The officers of the Corporation shall be chosen by the Board of Directors, and each shall serve at the pleasure of the Board, and shall hold their respective offices until their resignation, removal or other disqualification from service, or until their respective successors shall be elected. Section 3. Removal and Resignation. (a) Removal. Any officer may be removed, either with or without cause, by the Board of Directors at any time. If for any reason any officer who is also a member of the Board of Directors ceases to be a member of the Board of Directors, then such officer shall automatically be removed from his or her office in the Corporation. (b) Resignation. Any officer may resign at any time by giving written notice to the Corporation. Any resignation shall take effect at the time of the receipt of that notice or at any later time specified in that notice. Unless otherwise specified in that notice, the acceptance of the resignation shall not be necessary to make it effective. Section 4. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification, or any other cause shall be filled in the manner prescribed in these Bylaws for regular appointment to that office. Section 5. Duties of Officers. (a) Chair of the Board. The Chair of the Board shall preside at meetings of the Board of Directors and exercise and perform such other powers and duties as may be from time to time assigned by the Board of Directors or prescribed by the Bylaws. (b) President. The President is the general manager and chief executive officer of the Corporation and has, subject to the control of the Board, general supervision, direction, and control of the business and officers of the Corporation. The President has the general powers and duties of management usually vested in the office of president and general manager of a corporation and such other powers and duties as may be prescribed by the Board. -5- (e) Vice President. The Vice President shall work in cooperation with the President and shall perform such duties as the Board of Directors may assign to him or her. In the event of the death, and during the absence, incapacity, inability or refusal to act of the President, the Vice President shall be vested with all the powers and perform all of the duties of the office of the President. In the absence of the President, the Vice President shall preside at all meetings of the Board of Directors at which the Vice President may be present. The Vice President shall have such other or further duties or authority as may be prescribed elsewhere in these Bylaws or from time to time by the Board of Directors. (d) Secretary. The Secretary shall keep or cause to be kept, at the principal executive office and such other place as the Board may order, a book of minutes of all meetings of the Board of Directors, with the time and place of holding, whether regular or special, and, if special, how authorized, the notice thereof given, the names of those present at the Board meetings, and the proceedings thereof. The Secretary shall keep, or cause to be kept, a copy of the Bylaws of the Corporation at the principal executive office in accordance with Section 5160 Of the California Nonprofit Corporation Law. The Secretary shall give, or cause to be given, notice of all the meetings of the Board of Directors required by these Bylaws or by law to be given, and shall keep the seal of the Corporation in safe custody, and shall have such other powers and perform such other duties as are customarily exercised by or imposed on a secretary of a corporation, or as may be prescribed by the Board. (e) Chief Financial Officer. The Chief Financial Officer shall keep and maintain, or cause to be kept and maintained, adequate and correct books and records of accounts of the properties and business transactions of the Corporation, including accounts of its assets, liabilities, receipts, disbursements, gains, losses, and other matters customarily included in financial statements. The books of accounts shall at all times be open to inspection by any Director. The Chief Financial Officer shall deposit all monies and other valuables in the name and to the credit of the Corporation with such depositaries as may be designated by the Board of Directors, shall disburse the funds of the Corporation as may be ordered by the Board of Directors, shall render to the President and Directors, whenever they request, an account of all of his transactions as Chief Financial Officer and of the financial condition of the Corporation, and shall have such other powers and perform such other duties as may be prescribed by the Board of Directors. ARTICLE VI INDEMNIFICATION AND INSURANCE Section 1. Indemnification. The Corporation shall, to the maximum extent permitted by law, have the power to indemnify each of its agents against expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with any proceeding arising by reason of the fact any such person is or was an agent of the Corporation. For purposes of this Article, an "agent" means any person who is or wag a director, officer, employee or other agent of the Corporation, or is or was serving at the request of the Corporation as a director, officer, employee or agent of another foreign or domestic corporation, partnership, joint venture, trust or other enterprise, or was a director, officer, employee or agent of a foreign or domestic corporation which was a predecessor corporation of the Corporation or of another enterprise at the request of such predecessor corporation. -6- Section 2. Insurance. The Corporation shall have the right to purebase and maintain insurance to the full extent permitted by law on behalf of its officers, directors, employees, and other agents, against any liability asserted against or incurred by any officer, director, employee, or agent in such capacity or arising out of the officer's, director's, employee's or agent's status as such. ARTICLE VII RECORDS AND REPORTS Section 1. Records and Inspection. The Corporation shall keep accurate and correct books and records of account and minutes of the proceedings of its Board of Directors. Minutes shall be kept in written form. Other books and records shall be kept either in written form or in any other form capable of being converted into written form. Every Director shall have the absolute right at any reasonable time to inspect all books, records and documents of every kind and the physical properties of the Corporation. This inspection by a Director may be made in person or by an agent or attorney, and the right of inspection includes the right to copy and make extracts of documents. Section 2. Annual Statement of Certain Transactions and Indemnifications. The Corporation shall annually prepare and furnish to each Director a statement of any transaction or indemnification of the kind described in Subdivision (d) or (e) of Section 6322 of the California Nonprofit Corporation Law. ARTICLE VIII GENERAL PROVISIONS Section I. Construction and Definitions. Unless the context requires otherwise, the general provisions, rules of construction, and definitions in the California Nonprofit Corporation Law shall govern the construction of these Bylaws. Without limiting the generality of the foregoing, the masculine gender includes the feminine and neuter, the singular number includes the plural, the plural includes the singular, and the term "person" includes both a legal entity and a natural person. Section 2. Corporate Contracts and Instruments. The Board of Directors may authorize any officer or officers, agent or agents, to enter into any contract or execute any instrument in the name of and on behalf of the Corporation, and this authority may be general or confined to specific instances. Section 3. Fiscal Year. The Board of Directors shall have the power to fix and from time to time change the fiscal year of the Corporation. In the absence of action by the Board of Directors, however, the fiscal year of the Corporation shall end each year on the date on which the fiscal year of the City of Temeeula, California ends. Section 4. Corporate Seal. The Board of Directors may adopt a corporate seal. The Secretary of the Corporation shall have the custody of the seal and shall affix it in all appropriate cases to corporate documents. Failure to affix the seal shall not, however, affect the validity of any instrument. -7- ARTICLE IX AMENDMENTS Subject to the apprcval of the City Council of the City of Temecula, California, the Board of Directors of the Corporation shall have the power to make, alter, amend and repeal the Bylaws of the Corporation and to adopt new Bylaws, which power may be exercised by a vote of a majority of the members of the full Board of Directors. -8- CITY OF TEMECULA AGENDA REPORT AB#: /'q TITLE: DEPT HD HTG: ~-z~-~ PLOT PLAN NO. 11556 CITY ATTY DEPT:£~.q. CITY HGR Recommendation: Staff recommends that the City Council RECEIVE AND FILE Plot Plan No. 11556. BackGround Case No.: Applicant: Representative: Location: Proposal: Zoning: Surrounding Zoning: Surrounding Properties: Plot Plan No. 11556 Brookstone Development Brookstone Development PO Box 939 Lake Elsinore, CA 92330 Southeast corner of Bueking Drive and Madison Avenue. To construct two 2-story office buildings on a 1.13 acre parcel. One building will be 8,067 square feet, and the other 7,973 square feet. M-SC, Manufacturing - Service Commercial All surrounding properties are zoned M-SC. The subject property is currently flat and has been previously graded. The properties to the north are developed with industrial buildings and the properties to the south, east, and west are currently vacant. Analysis Plot Plan No. 11556 and Negative Declaration Environmental Assessment No. 3~[[13 were approved by the County of Riverside through a Planning Director Hearing on March 12, 1990. The project is part of the North Jefferson Business Park development created through Parcel Map No. 23561-1, and consists of two 2-story office buildings of 8,067 square feet and 7,973 square feet on 1.13 acres. Sixty- eight (68) parking spaces have been provided and all parking and building setbacks meet the requirements of the zoning ordinance. The architecture is contemporary and compatible with the surrounding area. Fiscal Impact Traffic Signal Mitigation Fee: Flood Control Mitigation Fee: $2,905.00 $ 721.00 Summary Staff recommends that the City Council RECEIVE AND FILE Plot Plan No. 11556. . ?LOT '~LAN NO. 'SITE:. NORTH I! KEY P! AN CASE HISTORY CASE NO.: APPLICANT: LOCATION: Plot Plan 11556. Amendment No. 1 Brookstone Development Southeast Corner Buecking Drive and Madison Avenue PROPOSAL: BACKGROUND: CONDITIONS: ~ MITIGATION FEE~OLLECTED: RECOMI~ENDATION R G: pmf s JN 89205 MISC2: PL Construct 2 office buildings on 1.13 acres. Building "C" is 16,000 sq. ft.. Building "D" is 13,69q sq. ft. The proposed project was submitted to the County in December, 1989, and referred with a recommendation of approval to a Planning Director Hearing on March 12, 1990. The project was subsequently approved by the Planning Department. The project was approved with standard conditions as well as special Road Department conditions as follows: Prior to the issuance of building permits, the project proponent shall provide a striping and signing plan for the intersection at Jefferson Avenue and Buecking Drive, and for the intersection at Jefferson Avenue and Sanborn Avenue, to implement intersection approach lane geometrics as follows: two northbound through lanes, one northbound right turn lane, two southbound through lanes, one southbound left turn lane, one westbound right turn lane, and one westbound left turn lane at each intersection. Any widening or other improvements necessary to implement such plan, as approved by the Road Commissioner, shall be constructed at no cost to any government agency. Prior to occupancy or any use allowed, the Santa Gertrudis Creek Bridge on Jefferson Avenue shall be improved to its full ultimate section. $2,905.00 towards Traffic Impact/Signal Requirements $ 721.00 towards Flood Control Mitigations RECEIVE AND FILE. Z' E] .t' ~.: ' ';" ,~...~_.._..:~ .. ,,-~....,.:., ,'.-: fig ]': ~ '.. ,-' ....--'.' ~ --Jl , , . , ......~,.W.'~ -]. ~.~' ...~...~.~'~'~ .~,.:. :.--?:. ~. ....~.-~.. HC~-~:qr ~UOH Iii 1.1.1 N(..)H I H d P__.I- i- ~ H,.%L)N BUSINESS PAFtK ,o-rs 12& 13 OWNER: ARTHUR H. NELSON & DEBRA NELSON 31681 RIVERSIDE DRIVE LAKE ELSINORE, CA 92330 PARCEL N UMBERS: 910-200-092 & 910-200-093 STRAIGHT BARREL MISSION TILE 'OLD ADOBE' BLEND #500 BY M.C.A, ACCENT PAINT COLOR TO MATCH EXPO STUCCO COLOR #B-582 D/C PRIMARY STUCCO INTEGRAL COLOR #50 PEACH CREAM BY EXPO PAINT COLOR OF DOOR, WINDOWS, AWNINGS & RAIUNGS. #4985A BY FRAZEE SUBHII'I'AL TO THE CITY COUNCIL CITY OF TEMECULA COUNTY OF RIVERSIDE, STATE OF CALIFORNIA FROM PLANNING DEPARTMENT SUBMII'FAL DATE: 3/12/90 SUBJECT: Notice of Decision of Plot Plan 11556 Amd. 1 acted on by the Planning Director on March 12, 1990 RECOI~ENDED HOTION: Receive and File the Notice of Decision for the following Plot Plan acted on by the Planning Director on March 12, 1990. - Plot Plan 11556 Amd. i - Brookstone Development - First Supervisorial District - City of Temecula - 1.13 acres - M-SC zone. - APPROVAL of Plot Plan 11556 amd 1 based on findings and conclusions incorporated in the Staff Refport dated 3-12-90. PROJECT LOCATION: Southeast corner of Buecking Drive and Madison Avenue. BACKGROUND: The project is part of the North Jefferson Business Park development located north of Winchester Road and west of 1-15. Plot Plan 11556 and related case Plot Plan 11557 were created as parcels 12 and 13 of Parcel Map 23561-1. JR:gs ZONING: a. SITE: PLANNING DIRECTOR'S HEARING CASE SUGARY DATE: MARCH 12, 1990 EA : 34413 CASE NO. PLOT PLAII I10. 11556, ARERDED I10. 1 PR~ECT DESCRZPTION AND LOCATZON: Two Offtce Buildings at the Southeast corner of Buecktng D~tve and ~dtson Avenue AREA/D I STRICT: Temec ul a GENERAL PLAN: South Nest Area Plan LAND USE: C- Canmercia1, Category II OPEN SPACE/CONS.: Not designated as open space OTHER: Mount Palonar M-SC b. ADJACENT: M-SC LAND USE/AREA DEVELOPMENT: a. SITE: Vacant b. AO~IACENT: Vacant, Business Park RMOR ISSUES: Liquefaction Zone, Flood Plain, Stephens Kangaroo Rat Habitat, Paleontological Resources (Pauba Formation) RECOMMENDATION: AOOPTZON of a Negative Oeclaration for E.A. 34413 and APPROVAL of PLOT Iq.MI RO. 11555, AMEll)ED RO. I based on the follo~ring: FINDINGS ANO CONCLUSIONS: 1. The project is consistent ~th the General Plan. 2. The project meets the requireants of Ordinance 348. 3. The project is ca~pattble Mth surrounding development. 4. The project has no significant environmental effects and a Negetative Declaration my be adopted. JHR:lt:sc 3/08/90 PLANNING DIRECTOR'S HEARING DATE: March 12, 1990 RIVERSIDE CIXINT'Y PLANNING DEP~ CORDITIOllS OF APPROVAL Brookstone Development P.O. Box 939 Lake Elsinore, Ca 92330 PLOT PLAN gO. 11556, AIqEIE)ED NO. 1 Project Description: Two Office Buildings Assessor*s Parcel No.: glO-200-O~a, Area: Temecula 0 o o o The use hereby pemttted by this plot plan is for two office buildings on 1.13 acres The permittee shall defend, indemnify, and h~d harmless the County of Riverside, its agents, officers, and employees from any claim, action, or proceeding against the County of Riverside or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the County of Riverside, its advisory agencies, appeal boards, or legislative body concerning PLOT PLAN IlO. 11556, AI~Ig)ED IlO. 1. The County of Riverside will promptly notify the permittee of any such claim, action, or proceeding against the County of Riverside and will cooperate fully in the defense. If the County fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the County of Riverside. This approval shall be used within two (2) years of approval date; otherwise it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which o~S thereafter diligently pursued to completion, or the beginning substantial utilization contemplated by this approval. The develolxnent of the premises shall conform substantially with that as shown on plot plan marked Exhibit A, Amended No. 1, or as amended by these conditions. In the event the use hereby permitted ceases operation for a period of one (1) year or more, this approval shall becme null and void. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. The applicant shall cmply with the street improvement recommendations outlined in the County Road Department transmittal dated 2-1-90 a copy of which is attached. PLOT PLAN NO. 11556 Conditions of Approval Page 2 8. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department transmittal dated 1-10-90 a copy of which is attached. 9. Flood protection shall be provided in accordance with the Riverside County Flood Control District transmittal dated 1-6-90 a copy of which is attached. 10. Fire protection shall be provided in accordance with the appropriate section of Ordinance 546 and the County Fire Warden's transmittal dated 1-10-90 a copy of which is attached. 11. The applicant shall comply with the recommendations set forth in the Department of Building and Safety Land Use Section transmittal dated 1-16-90 a copy of which is attached. 12. The applicant shall canply with the recommendations set forth in the Department of Building and Safety Grading Section transmittal dated 11-16-90 a copy of which is attached. 13. The applicant shall comply with the recommendations set forth in the County Geoloqist letter dated 7-26-88, a copy of which is attached. (added per Director's Hearin~12-go) 14. The applicant shall comply with the recommendations set forth in the San Bernardino County Museum transmittal date 11-12-g0, a copy of which is attached. 15. All landscaped areas shall be planted in accordance with approved landscape, irrigation and shading plans prior to the issuance of occupancy permits. An autanatic sprinkler system shall be installed and all landscaped areas shall be maintained in a viable growth condition. Planting within ten (10) feet of an entry or exit driveway shall not be permitted to grow higher than thirty (30) inches. 16. Prior to the issuance of building permits, six (6) copies of a Parking, Landscaping, Irrigation, and Shading Plans shall be submitted to the Planning Department for approval. The location, number, genus, species, and container size of the plants shall be shown. Plans shall meet all requirements of Ordinance No. 348, Section, 18.12, and shall be accompanied by a filing fee as set forth in Section 18.37 of Ordinance No. 348. 17. The irrigation plan shall be in accordance with Ordinance No. 348, section 18.12 and include a rain shut-off device. In addition, the plan will incorporate the use of in-line check valves, or sprinkler heads with check valves incorporated to prohibit low head drainage. PLOT PLAN NO. 11556 Conditions of Approval Page 3 18. lg. 20. 21. 22. A mtntmum of 68 parktng spaces shall be provtded tn accordance wtth Sectton 18.12, Riverside County Ordinance No. 348. 68 parktng spaces shall be provtded as sha~n on the Approved Exhtbtt A, Amended No. 1. The parktrig area shall be surfaced wtth aspbaltic cmcrete pavtng to a mtntmum depth of 3 tnches on 4 1riches of Class Z! base. A mlntmum of three (3) handicapped parktrig spaces shall be provtded as sha~n on Exhlbtt A, Amended No. 1. Each pa~ktng space reserved for the handicapped shall be 1denttried by a permanently afftxed reflectortzed stgn constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The stgn shall not be smaller than 70 square 1riches tn area and shall be centered at the tntertor end of the parktng space at a mtntmum hetght of 80 1riches fram the hottam of the stgn to the parktrig space ftntshed grade, or centered at a mtntmum hetght of 36 1riches fram the parktrig space flntshed grade, ground, or sidewalk. A stgn shell also be posted tn a conspicuous place, at each entrance to the off-street parktrig fact]try, not less than 17 tnches by 22 tnches tn stze wtth lettering not less than 1 tnch tn hetght, whtch clearly and conspicuously states the following: 'Unauthorized vehtc]es not displaying distinguishing placards or Itcerisa plates tssued for physically handicapped persons may be to~ed away at ~ener's expense. Ta~ed vehtcles may be reclaimed at or by telephoning ." addttton to the above requirements, the surface of each parktng place have a surface Identification stgn duplicating the symbol of accessibility tn blue patnt of at least 3 square feet tn stze. Prtor to the tssuance of a butldtng permit, the applicant sha]] obtain clearance and/or pemtts fram the foll mvtng agencies: Road Department Envtromental Health Riverside County Flood Control Ftre Department #rttten evtdence of campllance shall be presented to the Land Use D1vlslon of the Department of Butldtng and Safety. If s~gnage Is proposed, a separate plot plan accmpented by the approprJate fees asset forth tn Ordinance No. 348 shall be submitted and approved by the Planntng Department prtor to stgn Installation. Materials used tn the constr~ctton of all buildings shall be tn substantial conformance wtth that shown on Exhtbtt 1~-2 (Color Elevations) and Exhtbtt !q-1 (Iqatertals Board). PLOT PLAN NO. 11556 Cmdtttms of Approval Page 4 23. 24. 25. 26. 27. 28. 29. 30. 31. Roof-mounted equipment shall be shlelded fram ground vtew. rotefta1 shall be subject to Planntng .Department approval. Scmentng A total of one trash enclosure ts adequate to enclose a total of two btn(s) shall be evenly distributed throughout the project, and shall be constructed prtor to the tssuance of occupancy permits. Each enclosure shall be six feet in hetght and shall be made with masonry block and a gate whtch screens the btns fron external vte~. Landscape screening shall be destgned to be opaque up to a mtntmum hetght of stx (6) feet at maturity. Landscaping plans shall incorporate the use of specimen canopy trees along streets and within the parking areas. All street 11ghts and other outdoor 11ghttng shall be shown on electrical plans submitted to the Department of Butldtng and Safety for plan check approval and shall cmply with the requirements of Riverside County Ordinance No. 655 and the Riverside County Comprehensive General Plan. A total of one Class II bicycle racks shall be provided in convenient locations to facilitate bicycle access to the project area. Prior to issuance of building permits, performance securities, in amounts to be detemtned by the Otrector of Butldtng and Safety to guarantee the Installation of plantings, walls and fences in accordance with the approved plan, and adequate maintenance of the planttrig for one year shall be ftled with the Director of Butldtng and Safety. Prior to issuance of occupancy permits, all required landscape planting and irrigation shall have been Installed and be in a condition acceptable to the Otrector of Butldtng and Safety. The plants shall be healthy and free of weeds, disease or pests. The Irrigation system shall be properly constructed and in good working order. All utilities, except electrical 1tries rated 33kV or greater, shall be Installed underground. 32. 33. All planter islands a~acent to end par~tng spaces shall conply with Ordinance 348, Sectton 18.12. Thts wtll tnclude planters constructed ~th a mtntmum planttng area wtdth of ftve feet, excluding curbtrig and a one foot concrete walkway along planters adjacent to parking spaces. Prior to the issuance of Bulldtng Pemtts a Covenants, Codes and Restrictions statement, describing reciprocal easements and access on the ~LOT PLAN IO. 11556 Camltttms of Approval P~ge 5 subjlect property, shall be approved by the Dtrector of P]anntng and legal ]y recorded. 34. Prtor to any use allowed by thts Plot Plan, the applicant shall obtatn clearance fron the Department of Bulldtng and Safety - Land Use Sectton that the uses found on the subject property are tn conformance wtth Ordinance No. 348. 35. A]] of the foregoing conditions sha]] be conplted wtth prtor to occupancy or any use a]]owed by thts pemtt, OHR:]t:sc 3/08/90 OFFICE OF ROAD COMMISSIONER & COUNTY SURVEYOR IIOM) CONNIS$1ONZR & COUNTY March 12, 1990 COUN'I~ AD~'I'RATIV~ ~ P.O. BOX 1090 RrVT. R.~D£. CAU~rOIL~IA 92502 (7N) 75-6740 Riverside County Planning Commission 4080 Lemon Street Riverside, CA 92501 RE: (Commercial Building) Plot Plan 11556 - Amend #1 Team 5 - Slid #9 AP #111-111-111-9 * As amended at D.H. 3-12-90 Ladies and Gentlemen: The Transportation Planning staff has reviewed the traffic study for the above referenced project. The traffic study has been prepared in accordance with accepted traffic engineering standards and practices, utilizing County approved guidelines. We generally concur with the findings relative to traffic impacts. The Road Department has reviewed the traffic study for this project. The study indicates a projected Level of Service #C" at Jefferson Avenue and Sanborn Avenue. The Comprehensive General Plan circulation policies relative to Category II Land Uses states: 'A minimum of Level of Service #C" is necessary for any new Category II land use." As such, the proposed project is consistent with this General Plan policy. The following conditions of approval incorporate mitigation measures identified in the traffic study which are necessary to achieve or maintain the required level of service: Prior to the issuance of building permits, the project proponent shall provide a striping and signing plan for the intersection at Jefferson. Avenue and Buecking Drive, and for the intersection at Jefferson Avenue and Sanborn Avenue, to implement intersection approach lane geometries as follows: two northbound through lanes, one northbound right turn lane, two southbound through lanes, one southbound left turn lane, one westbound right turn lane, and one westbound left turn lane at each intersection. Any widening or other improvements necessary to implement such plan, as approved by the Road Commissioner, shall be constructed at no cost to any government agency. o Prior to occupancy or any use allowed by this permit, the Santa Gertrudis Creek Bridge on Jefferson Avenue shall be improved to its full ultimate section. COUNTY ADMINISTRATTv*Z CZNT~ · 4080 LEMON ~ · ~/~X~D£. CAUFO~J~A 92501 Plot Plan 11556 - Amend #1 -Feb~ue~y-½~-½99g--!~rch 12, 1990 Page 2 *3. -~e~a~m~ae~-~y-~4~e-~emeeaLa- ~i-by- Gouae i~. With respect to the conditions of approval for the above referenced item, the Road Department has the following r ecommendat ions: Prior to issuance of a building permit or any use allowed by this permit, the applicant shall complete the following conditions at no cost to any government agency: 0 No additional right of way shall be required on Madison Avenue since adequate right of way exists. Sufficient public street _right .of way shall be provided along Buecking -Drive--to-.establish a 39--~oot half width right of way including standard corner cutback. o Prior to issuance of a building permit or any use allowed by this permit, the developer shall deposit with the Riverside County Road Department the sum of $2,905.00 towards mitigating traffic impacts for signal require- ments. This amount represents 1.66 acres at $1,750.00 per gross acre = $2,905.00. Prior to occupancy or"any use allowed by this permit, the applicant shall construct the following at no cost to any government agency: 0 Madison Avenue shall be improved with concrete curb and gutter located 38 feet from centerline and match up asphalt concrete paving; reconstruction; or resurfacing of existing paving as determined by the Road Commissioner within a 50 foot half width dedicated right of way in accordance with County Standard No. 101. o Buecking Drive shall be improved with 34 feet of asphalt concrete pavement within a 45 foot part width dedicated right of way in accordance with County Standard No. 111. (28'/39') 9. Asphalt emulsion (fog seal) shall be applied not less than fourteen days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section 37, 39 and 94 of the State Standard Specifications. *As amended at D.H. 3-12-90 Plot. Plan 11556 - Amend #1 -Feb~-l-K-l~-Harch 12, 1990 Page 3 10. ll. 12. 13. 14. 15. 16. 17. 18. 19. 20. Standard 35 foot curb return, cross gutter, spandrel and access ramps shall be constructed in accordance with Ordinance 461 where applicable. Six foot wide concrete sidewalks shall be constructed along Madison Avenue and Buecking Drive in accordance with County Standard No. 400 and 401 (curb sidewalk). Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Riverside County Road Commissioner. Completion of road improvements does not imply acceptance for main- tenance by County. Major drainage is involved on this project and its resolution shall be as approved by the Road Commissioner. Drainage control shall be as per Ordinance 460, Section 11.1. All work done within County right of way shall have an encroachment permit. All driveways shall conform to the applicable Riverside County Standards and shall be shown on the street improvement plans. All entrance driveways shall be channelized with concrete curb and gutter to prevent "back-on" parking and interior drives from entering/exiting driveways for a minimum distance of 35 feet measured from face of curb. The street design and improvement concept of this project shall be coordinated with PM 23561-1 and PP 11557. Street lights shall be installed in accordance with Ordinance 460 and 461 at all intersections of roads constructed or improved within the development. The County Service Area (CSA) Administrator determines whether the development is within an existing assessment district. If not, the land owner shall file after receiving tentative approval, for an application with LAFCO for annexation into or creation of a County Service Area in pursuant to Governmental Code Section 56000 et. seq. All private and public entrances and/or intersections opposite this project shall be coordinated with this project and shown on the street improvement plans. Plot Blan 11556 - Amend #1 T-e~;ry-~r-l~- March 12, 1990 Page 4 21. 22. A striping plan is required for Madison Avenue and Buecking Drive. The removal of the existing striping shall be the responsibility of applicant. Traffic signing and striping shall be done by County forces with all incurred costs borne by the applicant. Any landscaping within public road rights of way shall comply with Road Department standards and require approval by the Road Commissioner and assurance of continuing maintenance through the establishment of a landscape maintenance district/maintenance agreement or similar mechanism as approved by the Road Commissioner. Landscape plans shall be submitted on standard County Plan sheet format (24" x 36"). Landscape plans shall be submitted with the street improvement plans and shall depict only such landscaping, irrigation and related facilities as are to be placed within the public road rights-of-way. i incerely,/~ ~Lawr en~~e r pe~r ~ Road Division Engineer LT:jw County of Riverside RIVERS[D£ COUNT~ ~LAt~IIqG DEPT. TO= RE. ~.~T 1,1.~ ! j ~6. m~'~D~.r~ No. I DATE: January 10, 1990 Environmental Health Services ha~. revieved A~ended No. 1 dated January I0, 1990. Our current c~e~s will remain as s~a~ed our memo dated November 1, 1989. JA~4 1 1 1990 County of Riverside TO: Riverside County Planning' Dept. RE: Plot Plan 11556 DATE: November 1. 1989 NOV3 ,'~ RPr~to~- OOUt-I ~' PLANNING DEPARTMENT Environmental Health Services has reviewed Plot Plan 11556 and has no objections. Sanitary sewer and ware ser~rices are available in this area. Prior to any bufiding plan submittals, "will-serve" letters from the water and sewering agencies will be required. SM:cr FORM KENNETH i. EDWARDS lees MARKET STREET P.O. BOX 1033 TEl IrPHONE (714) 787-2015 FAX NO. (714) ?eS-tHS RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Riverside County Planning Department County Administrative Center Riverside, California Attention: Regional Team No. ~' Re: Planner Jo4~ C~,~ Area: /~,.~,~ ~___.~,~M ?p iss¢ We have reviewed this case and have the following comments: Except for nuisance nature local runoff which may traverse portions of the property the project is considered free from ordinary storm flood hazard. However, a storm of unusual magnitude could cause some damage. New construc- tion should comply with all applicable ordinances. The topography of the area consists of well defined ridges and natural water- courses which traverse the property. There is adequate area outside of the natural watercourses for building sites. The natural watercourses should be kept free of buildings and obstructions in order to maintain the natural drainage patterns of the area and to prevent flood dmmage 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 ]8 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~lesArea and regulations. The proposed zoning ts consistent with existing flood hazards. Some flood control facilities or floodproofing may be required to fully develop to the implied density. The Otstrtct's report dated /~v/~/~) is still current for this project. The District does not object to the proposed minor change. This project is a part of . The project will be free of ordinary storm flood hazard when improvements have been constructed in accordance with approved plans. The attached comments apply. ~2truly WOHN H. KASHUBA Senior Civil Engineer KENNETH g EDWARDS 199B MARKEr Sl'REEr I).0. BOX 1033 TEllpHONE (714) 787-2015 FAX NO. (714) 7M-9965 RIVERSIDE COUN'FY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RIV~R~ID£, CAUFONNIA el)B4:)2 Riverside County Planning Department County Administrative Center Riverside, California Attention: Regtona1 Team No, .~ Planner 3~n F~A;,; Area: '~/';(-_,~,,'J ~--~Z'~y'y~,~- Re: /P 115£5 We have reviewed .this case and have the following comments: Except for nuisance nature local runoff which may traverse portions of the property the project is considered free from ordinary storm flood hazard. However, a storm of unusual magnitude could cause some damage. New construc- tion should comply with all applicable ordinances. The topography of the area consists of well defined ridges and natural water- courses which traverse the property. There is adequate area outside of the natural watercourses for building sites. The natural watercourses should be kept free of buildings and obstructions in order to maintain the natural drainage patterns of the area and to prevent flood damage to new buildings. A note should be placed on an environmental constraint sheet stating, "All new buildings shall be floodproofed by elevating the finished floors a minimum of 18 inches above adjacent ground surface. Erosion protection shall be provided for mobile home supports." This project is in the drainage plan fees shall be paid in regulations. Area accordance with the applicable r~les and The proposed zoning is consistent with existing flood hazards. Some flood control facilities or floodproofing may be required to fully develop to the implied density. The Dtstrtct's report dated is still current for this project. The District does not object to the proposed minor change. This project is m part of ~o~// p~5~l- I . The project will be free of ordinary storm flood hazard when improvements have been constructed in accordance with approved plans. The attached coments apply. Very ~truly yoursvp. _: / JOHN H. KASHUBA ,~, Senior Ctvt1 Engineer -%4~ ~'ffU~,'$ ~//~& Area Drainage Plan for the purpose of collecting drainage f~es. Those fees are used to construct 'needed flood control facilities within the particular area. The Area Drainage Plan fees apply to new land divisions and other types of new development. Virtually all new development causes increased storm runoff. These increases are particularly troublesome in those watersheds where an Area Drainage Plan has been adopted. In order to miti- gate the downstream impacts brought about by increased runoff, the District recommends that Conditional Use Cases, Plot Plans end Public Use Cases be required to pay a flood mitigation charge. Mitigation charges, where appropriate, will be similar to the current Area Drainage Plan fee rate. Following is the District's recommendation: A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The new development in this case includes a total of /./.~ acres. At the current fee rate of $ /~ oo per acre, the mitigation charge equals $ 7~A ~o . The charge is payable to the Flood Control District prior to issuance of permats. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. (n/tcharq) Pt. ANNING & ENGIN!;ERING 46-209 OASIS ~, SUIT!~ 405 INDIO, CA 92201 (619) ~42-8886 RIVERSIDE COUNTY HRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION GLEN ]. NEWtdAN FIRE CHIEF 1-10-90 PLAHNING & ENGINEERING 3760 12TH STREET RIVERSIDE, CA 92501 (714) 787-6606 ATTB: RE: PLANNING DEPARTHENT JOHN CHIU PLOT PLAN 11556 ANENDF~ ~1 With respect to the conditions of approval regarding the above referenced plot plan, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 546. o Provide or show there exists a water system capable of delivering 1750 GPM for a 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the Job site. A combination of on-site and off-site super fire hydrants, on a looped system (6"x4"x2~x2t), will be located not less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separation or built-in fire protection measures. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and, the system shall meet the fire requirements. Plans shall be sisned/approved by a resistsred civil engineer and the local water company with the following certification: "I certify that the desism of the water syate~ is in accordance with the requirements prescribed by the Riverside County Fire Department." Subject: Plot Plan 11556 Page 2 Install a complete fire sprinkler system in all buildings requiring a fire flow of 1500 GPH or greater. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. Install a supervised waterflow monitoring fire alarm system. Plans must be submitted to the Fire Department for approval prior to installation, as required by the Uniform Building Code. e In lieu of fire sprinkler requirements, building(s) must be area separated into square foot compartments, approved by the Fire Department, as per Section 505 (e) of the Uniform Building Code. A statement that the building will be automatically fire sprinklered must appear on the title page of the building plans. 10. Install panic hardware and exit signs as per Chapter 33 of the Uniform Building Code. 11. Certain designated areas viii be required to be maintained as fire lanes. 12. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact a certified extinguisher company for proper placement of equipment. 13. Prior to issuance of building permits, the applicant/developer shall be responsible to submit a check or money order in the amount of $345.00 to the ~iverside County Fire Department for plan check fees. 14. Prior to the issuance of building peNits, the developer shall deposit with the Riverside County Fire Department, a check or money order equaling the sum of 25C per square foot as mitigation for fire protection impacts. This amount must be submitted separately from the plan check review fee. Final conditions will be addressed when building plans are reviewed in the Buildins and Safety Office. All questions resardins the meanins of conditions shall be referred to the Plannins and En~ineerin$ staff. RAITIOND H. RE~IS Chief Fire Department Planner Laura Cabral, Fire Safety Specialist Administrative Center · 1777 Atlanta Avenue Riverside, CA 92507 January 16, 1990 Riverside County Planning Department Attention: John Chiu County Administrative Center 4080 Lemon Street Riverside, CA g2501 RE: Plot Plan 11556, Exhibit A, Admended #1 JAN 1 8 199D PI. AN#IIW3 OEPAWTMENT Ladies and Gentlemen: The Land Use Division of the Department of Building and Safety has the following comments and conditions: An additional plot plan or an approved exhibit for on-site signage will be required. If approved elevations are required from the Planning Department the approved plans must be submitted to the Land Use Division concurrently with submittal of structural plans for review. If the proposed project is to be "phased," an approved exhibit indicating which structures and on-site improvements are required for each "phase" should be required. Prior to issuance of building permits, proposed lighting must be in conformance with Mount Palomar Lighting Plan, Zone B, per Ordinance 655. Prior to acceptance of structural plans for Building and Safety review, one complete set of approved conditions from Planning Department must be attached. Performance Securities Bond for maintenance of landscaping may be required. Consult your Conditions of Approval. Prior to the issuance of building permits, written clearance is required from the following: · Temecula Unified School District Yours truly, Land Use Technician Administration (714) 682-8840 · (714) 767-2020 TO: FROM: DAT~: R~: BUILDING AND SAFETY DEPARTMENT GRADING SECTION ~P?~NNTNG / J.C. ~ WENDY NICHOLSON November 16, 1989 LDC PLOT PLAN 11556 AMD #1 u V '] g 1989 H~vcr~=~uc COUNTY PLANNING DEPARTMENT The "Grading Section" has reviewed a conceptual grading plan for this site. The plan is acceptable. Consequently, the "Grading Section" recommends approval of this project if the following conditions are included. Prior to commencing any grading in excess of 50 cubic yards, the applicant shall obtain a grading permit and approval to construct from the Building and Safety Department. Grading in excess of 199 cubic yards will require performance security to be posted with the Building and Safety Department. NOTE: For the final grading plan, please provide the applicable information from Building and Safety Department grading forms: 284-120, 284-21, 284-86, and 284-46. Thank you. RiVERSiDE county PLAnninG DEPARQ11EnC Schaefer Dixon Associates ~168 South Hathaway Street Santa ~a, ~altfornta 9Z705 Attention: gr. Paul Davts gr. Ju~s J. beaver SUBJECT: A1qutstoPrtolo Spectal Studtea Zone Liquefaction Hazard Job 80-245 Parcel Nap #o. 2355! County ~eologtc Report No. 516 Rancho California Area r~ntlemen: We have revte~ed your report eqtttled "$eotechntcal Investigation, A Portton of North Jefferson Busthess Park (Phase 4), P.g. No. 23561 (Fomerly P.M. 19581-1), Rancho California, CA,' dated June 1, 1988, and your revtsed report dated July 12, 1988. Your report detemtned that: The faults encountered tn trenches along the ~estern part of the property are considered to be tntra-Pauba (Pleistocene age) displacements and ere considered to be inactive, tn accordance ~tth criteria of the California State Dtvtston of Hines and ~eology. 2. The 100-year probable.earthquakq affecttpg the stte resulting from an event on the ghtttter £1stnore (Wildomar) fault ts expected to be 6.0 mgntt, de. with a peak horizontal ground acceleration of 0.359. 0 The likelihood of liquefaction related ground aveant during m 1~9nttude 6.$ event is considered to be lo~, The liquefaction potential is considered to be very lo~ for site sotls considering m Ragnttude 6.0 design earthquake. The potential for sets,tc settlement end differential compaction is considered very lO~o S. The potentfal for landsliding is considered to be very remote. 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-8181 48-209 OASIS STF4EET, ROOM 304 INDIO, CALIFORNIA 92201 /619) 342-8277 Schaefer Dtxon ~ssoctates - 2 - July 25, 1988 The potential for e~rthquake tnduced flooding, tsunamts and setches ts considered to be ve~ low. The potential for s3~apathettc f&ultmvemnt'on the zone of tnacttve f&ults encountered tn the trenches, as a result of setsmtc event on the nearby Wtldomar fault, ts considered to be lo~. 8. The potential ~or lurchtrig and lateral spreads tn the areas ad3acent to Santa 6ertrudts Creek my extst at the southeasterly prope~y boundary. Yo.r report. recommended: No setback zone for human occupancy structures ts recmmmnded ~ithtn the boundaries of the subject property. The potential for liquefaction-related ground movement on the stte should be mitigated by the placement of engineered ftll wtthtn lytng areas durtng stte grading. 3. The potential for lurchtng and latera~ spreads tn areas ad3acent to Santa Gert~udts Creek should be mitigated by channeltzatton of the stream and use of standard butldtng setbacks. 0 The explorato~j trench backftll should be considered durtng future stte development. The trench locations ~ere determined b~ the project engineer. Zt ls our optnton that the report was prepared tn a competent mnner and satisfies the requirements of the Alqutst Prtolo Spectal Studtes Zone Act, the associated Riverside County Ord. 547, and the additional Infomarion requested under the California Environmental Qualtty Act raytex. Ftnal approval of the report ts hereb~ gtven. ¥e recommend that the following note be placed on the Ftnal lisp prtor to 1rs recordation: Schaefer Dtxon Associates - 3 - July 26, 1988 'County Geologtc Report No. 516 yes prepared for thts p~ope~ty on Ju~y 12, 1988 by Schaefer Dtxon Associates, and ts on ftle it the Riverside County Planntng Department. The spectftc 1tams of concern are tnacttve f&ults, liquefaction, lateral spreads, and uncompacted trinch backfill. Verx truly 3,ours, RZV£RSZDE COUNTY PLAHH]NG DEPARTHENT Roger So Streeter - Plann/tng Dtrecto. r Steven A. Kupfe_rm~.. // Engineering 6eologtst // CEG-1205 '~ SAl~:rd c.c. Bedford Properties - Applicant Earl Ha~t - CD!~ Roy Shtemon & Assoc. Ho~m Lostbom - Butldtn9 & Safety (2) John Chtu - Team ! mI DATE: October 24, 1989 TO: Assessor Buildtrig and Safety - Land Use Butlding and Safety - Grading Surveyor - Ken Teich Road Department Health - .Ralph Luchs Fire Protection Flood Control Oistrtct Ftsh & &ame U.S. Postal Service- Rbth E. Davidson U.S. Ftsh& Wtldltfe Services County Superintendent of Schools Eastern Iquncipal Water District Rancho California Water Southern Cali forni a Edi son Southern Caliofrnia Gas Cal Trans #8 Temecula Union School District Elsinore Union High School District :onmni ssioneF Turner Community P1 ans San Bernardino County I4useum UCR Archo Unit Att. n:~Dan HcCathy RiVER:biDE county PL, nninc DEPARtmEnt tlOV 1519 u PLOT PLAN 11556 - (Tm-5) - E.A. 34413 - Brookstone .Development - Rancho California Area - First Supervisorial District - SE corner of Bucking & Madison Ave. - M-SC Zone - 1.13 Acres - REQUEST: Construct two commercial office buildings - CONCURRENT: PP 11557 - Mod 119 - A.P. 910-200-093 Please review the case., described above, along with the attached case map. A Land Oivision Committee meeting:.has been tentatively.scheduled for. Noyember 16, 1989. If it clears, it will then go to 'pubHe hearing. Your comments and recommend~t~'ons are reqbested p~ior.'toNovember 16, lgBg in order that we may include them in the st~(f report for this particular case. Should have any questions reg~6Uing this'item, please do not hesitate to contact ~ohn ~h~u at 787-1363. -. .~. Planner · COI~ENTS: The project is located on the fossltferous .Pauba Formation. Excavation will impact nonrenewable paleontologtc resources. The developer must retatn a qualified vertebrate paleontologist to develop a program to mitigate impacts to paleo~tologtc resources. This program should Include: (1) n~n$toring of excavation by a qualified paleontologtc monitor; (2) preparation of recovered specimens, tnctudtng secltment processtng for smelt vertebrate fossils; (3) curetlon of specimens into an establtshecl repostt y; and (a) a report of findings with comptete specimen Inventory. _ osz~ y~ Dr. Ailan D, Griesemer, Museums DLrector PLEASE print name and title 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787'6181 46-209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 ENVIRONMENTAL A88E~ENT FORM: STANDARD EVALUATION MOOUt. E NUMams): i/ B. TOTAL PROJECT AREA: ACRES C. ,~,.~:SSOR'S PARCEL NO.(;): /, / '~ ; or ~QUARE FEET %c~- ~o~-. 0'73 D. EXlSI'IN$ ZONING: ~ - -% C I~ THE ~;,, IN CONIrORUANCE~,~ E. PROPOSED Z[~NING: IS THE ~ IN CONFORMANCE? G. SECTION, TOWNSHIP, RANGE DESCRIPTION OR ATTACH A LEGAL DESCRIPTION: H. BRIEF DF.~RFTION OF THE EXISTING Eh'VIRONI~NTAL ~'TTING OF THE PRelECT ~ ARD ITS SURROUNDINGS A. indlcltlthirliulldlhll~pDiidlindUlilldl# .~FldlromlhldllDr'WnllikmndinC(,,,d).i~4~!P. IGIr4rllPinFiOurl 1..~,Mqulit-~ ~ 8tu(aM m' County Fidt / ~ Zonll (FiO. v1.1) 1~..]~ Akl)ort Noile (Fig. 11.18.S. 11.18.11 NA P6 u R )(Fig. 2_~_ L.ique~ :UGh POIsnIM Zone (r~. V1.1 NA $ PS U R (Fig. VI.4) NA A B C vID.1 (FiO. V1.11) 3._/.. I. h,, yNoi,(r,o. & Vl.lS) & 1044, AJCUZ Report, M.A.F.B.) NA A B C D (Fio, Vl.11) 13, ..~ Rdrold NMN (FIG. V1.13 - V1.16) NA S PS U R (Fio. VI.S) NA A B C D (r*O, V1.11) I qCll!idlRilkZoM(Riv. Co.M:)O~.,IJe NA A B C D (FIG, V1.11) SMMnic Mips or On-IM Intp m:lb~) 16...~ Prc~ Olnl;.itld Noile Af~cting NA $ PS U R P, ocdd~ ~ (On-Me Irlp actJori) I:-,r IMi~l ~ (U.S,D.A. Soil Com4fYItion Servlc~ Soil Surveys) Erolion (U.S.D.A. 8oil Coneen,&tion Sln~ SoU 8,un~) WhYI Erm)eJon & Bk:~ (Ir, o. Vt.1, Ord. 4eO, Sec. 142 & Orcl. 404) Dsm Inuncition Ame (IrJo. VI.?) Floo~p~'nl (FIG. VI.?) U R (F~. ~q.6) (Fig. Vt.6) 17. /'~/ ~Sen~LMs(Fio. VL11) __ NoM SwmWve Project (Fio. Vl.11) 18.~_ AJ,' (:~Mty knl~ From Project Hlzlrdous Mitedls Incl Wastes REBOURCE8 In or Neet In Agdodtuml INjeNl (Riv. CG Aodcwllurl ~ ~.~ ,_ u'~n CommDt MiM) wk,k (Ro. vt.x- vm' 00._~. iM i~ (try. VL41 - vI.42) Deflation8 for Land Ule BultIMIIty and Noll4 Ac~ptsbimy I~tings NA - NMApplclbl 8 - Gene/lly~ PS - J~.~BtaMJlySuitable U - Generally t mullWe R - Remm)d A - (h,w~ A:cep'-b~ · - Conclitic~vqy ~x)el:)tal~ C - GInerllly Unlcct;~ble D - land UN Dilcourl0ed LAII) / DETE]III~TION · I. ~UBAREA, F ANY: 4. CO~&4UNfTY POU~ N~EA, F AHY: For III ~ ink:lc::l~e w#h i yes (Y) or no (N) whtthlr Iny publk:; fI:~lfilI IrN:l/or llrV~c I I illull ITIly li0nJfiOll'ltly tffect or be ~ by the prc:q)oilJ. Jdl ~/t.~nclCl fiOufll Ire ~ in ~ 0C,,,4::n.il*4nl~l ~ Plln. For Iny issue PUBLIC FACIUTIES AND SERVICES 1,_.~' C~n:ulum (IqO. n/.1.1v.11. Dila, m in 10._,~ Sec. v Exist~ Pinned & nlqci;ad Roeds) ; ~ Bike?rMs(F',0.1V.1;-n/.13) 11._~ Sewer (A~ L.m) ~ ~ (~ n/.16. N.18) _ 8hedff 8eMm (Fi0 N.17 - N.18) School (Fka. IV.l? - IV.18) Sold WIM (FiG IV.17 - N.18) Pidm IncI r11; .: l,i~n (Fi0. N. IO - N.20) EcNI Jlr;-~ Trill (F';. IV.19. IV.24/ Rlv. Co. ~)C) ScIM FCl~ltL~ln Trkl Mips) ulmel (FiG IV25 - LilNmdes (Fig. N.I? - Iv. le) ~ SMvicI (Iqo. iv.17. N.18) ~ ~ IL18.~ · 1.1L4, ILlU - ILl&10 & IV.Z? - D. I/MI M peri o/~he PrO#~ MiB t~ kt 'M ncX DMdgnlt~ M O;)en SM~", end i nc~ kt & ~~ ~, ~te q~Jlit;;ni 1, 2, 3, 6 Ind 7. Comi~Me quiltS=hi 4, 5, 6 Ind ? I/# II in · Ccmtmun#y PIIn. LAnd ule ~ies) nBGBI!I'y to lUl~ort the ~c~DIId project. AdlO indiGIte lind ule type 3. I/D.1 dl/llm irom D.2. wl lite dllMmnoe be ,,.~MUld II Ire :~leaiI,; ,J,d illSe? ExMlin: 4. Community the propoMI C~T~U~ w~h ~x?Ung and i~cc~..c~ mm'mmdi~ ind uses? noL explain: 7. BIMKJ On ~ inltill Itudy, il the I:X~C=I1' ~ wllh Ihe C(XnlxMmnllve General Plan? II ~ ,Mbrinoe by Sic:lion Ixl Iliul Numblr than ilium M!rd#flt9 lIQ)rlt~Oqcii,://-~ -$ F.. # MI M pert M ~e Ixoject lib il in In ~ ~ end CMtle/vlll~ designilion, CG,,4~IIIG the lollowing: 1. ~the draMalira(i): BMod oft 1his in#ii Mudy. il the prGI;;!l' ~OM'llnt with tho Co,,~i,l~lniive Generld Plan? II noL ,Jfl~lrv3 by Section Ind IImJe Number thom ilium identJl/~3 k'a,~u'.etmcies: ADDITIONAL INFORMATION RE(~JIRED BEFORE ENVIRONMEI~AL ~ CAN BE COMPLETED: ~OI. JRCES, AGENCIES CON~JLTED, FINDINGS OF FACT, MITIGATION MEASURES: V. IIFOdqlIATION ~ ~ OF Ir~-cT ~ II~TIO~I BIIAIUREI (ooati~) ~OURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MITIGA~ MEASURES: ['] Tim Prd.~ d not hlv. I liOnJJk:lnt t on h Irv~r.,~l~! Ind · NlWdJv. DldlrltiOn rely be pmpmmcl. /,.~ T hi pfojl~t oould hM · ~ IIIICt on lhl lnvifor.,~l.d, hoviv.lr, Ihn idll riot be I ltgnific,~nt CITY OF TEMECULA AGENDA REPORT AB#: /=-' TITLE: DEPT HD El'g: '~-z4.qo PLOT PLAN NO. 2 CITY ATT~ DEPT :"'~,-~. CITY HGR Rec~...~ndation Staff recommends that the City Council SET FOR PUBLIC HEARING Plot Plan No. 2 on July 31. 1990. Backaround Case No.: Applicant: Representative: Location: Proposal: Plot Plan No. 2 Bedford Properties Greg Erickson Bedford Properties PO Box 9016 Temecula, CA 92390 Southwest corner of Winchester Road and Ynez Road. To revise a plot plan for an approved [t13,228 square foot commercial project on ~41 acres as follows: a) Add a 12,73~ square foot retail building. b) Reconfigure building square footage with a total net gain in square footage of 15,9q7 square feet for a total of q29,175 square feet. Request for Special Review of parking. Analysis The Planning 'Commission, on July 16, 1990, recommended approval of Plot Plan No. 2 to the Council. Normally, final decisions on plot plans are made by the Planning Commission or Planning Director; once they receive their approvals, they are forwarded on to the City Council as "Receive and File" items. However, in this case, these were some recommended mitigation measures proposed by the applicant at the Planning Commission meeting which Staff did not have the opportunity to review and comment. Consequently, the City Attorney recommended that the Commission make a recommendation for approval to the Council and that the item be set for public hearing in order to allow Staff the opportunity to assess the proposed mitigation measures and report their findings to the Council. A full report on the feasibility of the proposed mitigation measures will be included in the Staff Report for the July 31, 1990 Council meeting. jec/ORD17631 ORDINANCE NO. 90- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 11.10 TO THE TEMECULA MUNICIPAL CODE PERTAINING TO THE ESTABLISHMENT OF A CURFEW FOR MINORS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: S~CTION 1. PURPOSR:. The City Council of the City of Temecula has adopted this Ordinance in order to protect the public health, safety and welfare. SECTION 2. Chapter 11.10 is hereby added to the Temecula Municipal Code, which shall read as follows: "CHAPTER: 11.10 CURFEW FOR MINORS Sections: 11.10.010 11.10.020 11.10.030 11.10.040 11.10.050 Intent. Curfew Established. Exceptions to Curfew. Violation of Curfew by Minor. Responsibility of Adult for Curfew Violations. 11.10.010 Intent. In enacting this Chapter, it is the intent of the City Council to protect children of immature age, to promote the safety and good order in the community, and to reduce the incidence of Juvenile criminal and other anti-social behavior. 11.10.020 Curfew Rstabl.{shed. It is unlawful for any person under the age of eighteen (18) years to loiter, idle, wander, stroll, play or be present in or upon public streets, highways, roads, alleys, parks, playgrounds, places or buildings between the hours of 11:00 p.m. and 5:00 a.m. of the day iuediately following. 11.10.030 ~xceptions to Curfew. The provisions of Section 11.10.020 shall not apply in the following circumstances: -1- jec/ORD17631 (a) When the person who is under eighteen (18) years of age is accompanied by his or her parent, guardian or other adult person having the care and custody of the person who is under eighteen (18) years of age. (b) When the person who is under eighteen (18) years of age is returning directly home from school or from a meeting, entertainment, recreational activity, dance, or place of lawful employment. (c) When the person who is under eighteen (18) years of age is going directly from home to school or to a school-sponsored meeting or to a place of lawful employment. (d) When the person who is under eighteen (18) years of age is accompanied by his or her adult spouse. (e) When the person who is under eighteen (18) years of age is directly en route from school or from a meeting, entertainment, recreational activity, dance or place of lawful employment to a place where food is served to the public. This exception shall continue during the time which is reasonably required to obtain and consume food at such place and to proceed directly home from such place. (f) When the person who is under eighteen (18) years of age is performing, or is en route directly home from performing, an emergency errand pursuant to the request or direction of an adult person who is charged with the care and custody of the minor performing the errand. 11.10.040 Punishment. Violation of Curfew by Minor. (a) Each person under the age of eighteen (18) years, who violates subsection (a) of Section 11.10.020 of this Chapter shall be guilty of an infraction and shall be dealt with in accordance with State law and procedures governing the prosecution of minors who are charged with infractions. (b) Nothing contained in this Section shall be construed to prohibit the diversion of juvenile violators of Section 11.10.020 or of this Section 11.10.040 to non- criminal programs for disposition of such violations, such as youth court proceedings. -2- 11.10.050 ResDonsibilit¥ of Adult for Curfew Violations. Each parent, guardian or other adult person having the legal care or custody of a person under the age of sighteen (18) years, who causes, permits, aids, abets, suffers or conceals the violation of any provision of Section 11.10.020, or who conspires with any other person to the end that any provision of Section 11.10.020 shall be violated, shall be guilty of an infraction or a misdemeanor in accordance with the provisions of Sections 1.01.200 of this Code and, upon the conviction thereof, shall be punished An accordance with the provisions of Section 1.01.220 of this Code.' SECTION 3. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent Jurisdiction shall hold any sentence, paragraph, or section of this. Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 4. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption of this Ordinance and shall Cause the same to be posted as required by law. SECTION 5. EFFECTIVE DATE. This Ordinance shall be An full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted An three designated posting places. PASSED, APPROVED AND ADOPTED this , 1990. day of RON PARKS MAYOR ATTEST~ · JUNE S. GREEK DEPUTY CITY CLERK -3- 6/5/90 ORDINANCE NO. AN ORDINANCE OF THE CITY OF TEMECULA GOVERNING CABLE TELEVISION FRANCHISES HEREINAFTER GRANTED BY THE CITY OF TEMECULA. Section 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 - i - TABLE OF CONTENTS Title Intent .................. Definitions ................ Franchise to Install and Operate ..... Franchise Required ............ Term of the Franchise ........... Franchise Territory ............ Federal or State Jurisdiction ....... Franchise Non-Transferable ........ Geographical Coverage ........... Nonexclusive Franchise .......... Multiple Franchises ............ Franchise Applications .......... Applications - Contents .......... Solicitation of Applications ....... Minimum Consumer Protection and Seruice Standards ............. Additional Service Standards ....... Franchise Fee ............... Security Fund ............... Design and Construction Requirements . . . Technical Standards ............ Hold llarmless ............... Insurance ................ .. Records Required and Grantor's Right to Inspect ............ page 1 2 7 8 9 10 11 13 16 17 18 20 21 22 23 30 31 33 34 37 38 39 1.23 42 - ii - TABLE OF CONTENTS (Continued) Section 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 1.40 1.41 1.42 1.43 Title ~age Annual Reports .............. 43 copies of Federal and State Reports .... 44 Public Reports .............. 45 Complaint Report and Opinion Survey .... 46 Privacy Report .............. 47 Reports - General ............. 48 Annual Review of System Performance .... 49 Special Review of System Performance . . . 50 Special Evaluation Sessions ....... 51 Remedies for Franchise Violations ..... 52 Grantor's Power to Revoke ......... 54 Procedure for Remedying Franchise Violations ............... 55 Force Majeure; Grantee's Inability to Perform ................ 57 Abandonment or Removal of Franchise Property ........... 58 Restoration by Grantor: Reimbursement of Costs .......... 60 Extended Operation and Continuity of Services ................ 61 Receivership and Foreclosure ....... 62 Rights Reserved to. Grantor ........ 64 Rig]its of Individuals ........... 65 Separability ............... 67 ORDINANCE NO. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: The following Chapter is added to the City of T~mecula Municipal Code: CHAPTER CABLE TELEVISION FRANCHISES Section 1.1 Intent A. The City of Temecula, pursuant to Government Code Section 53066, is authorized to grant one or more nonexclusive revocable franchises to construct, operate, maintain and reconstruct cable television systems within the City limits. B. The City Council finds that the development of cable television and communications systems has the potential of having great benefit and impact upon the residents of Temecula. Because of the complex and rapidly changing technology associated with cable television, the City Council further finds that the public convenience, safety and general welfare can best be served by establishing regulatory powers which should be vested in the City or such persons as the City shall designate. It is the intent of this Chapter and subsequent amendments to provide for and specify the means to attain the best possible cable television service to the public and any franchises issued pursuant to this Chapter shall be deemed to include this finding as an integral part thereof. - 2 - Section 1.2 Definitions. For the purpose of this Chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. Words not defined shall be given their common and ordinary meaning. A. "Basic Cable Service" means any service tier which includes the retransmission of local television broadcast signals. B. "Cable Television System" or "System", also referred to as "Cable Communications System" or "Cable System", means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment, that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include: (1) A facility that serves only to retransmit the television signals of one or more television broadcast stations. (2) A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility uses any public rights-of-way. (3) A facility of a common carrier, except that such facility shall be considered a cable system to the extent - 3 - such facility is used in the transmission of video programming directly to subscribers; or (4) Any facilities of any electric utility used solely for operating its electric utility system. C. "Cable Service" means the total of the following: (1) The one-way transmission to subscribers of video programming or other programming service; and (2) Subscriber interaction, if any, which is required for the selection of such video programming or other programming service. D. "Channel" or "Cable Channel" means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel as defined by the Federal Communications Commission. E. "Council" means the City Council of the City of Temecula. F. "Franchise" means an initial authorization, or renewal thereof issued by the City Council, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system. G. "Franchise Agreement" means a franchise grant ordinance, or a contractual agreement, containing the specific provisions of the franchise granted, including references, specifications, requirements and other related matters. - 4 - ]I. "Franchise Fees" means any tax, fee or assessment of any kind imposed by a franchising authority or other govern- mental entity on a Grantee or cable subscriber, or both, solely because of their status as such. The term "franchise fee" does not include: ' (1) Any tax, fee or assessment of general appli- cability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee or assessment which is unduly discrim- inatory against cable operators or cable subscribers); (2) Capital costs which are required by the franchise to be incurred by Grantee for public, educational, or governmental access facilities: (3) Requirements or charges incidental to the awarding or enforcing of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or (4) Any fee imposed under Title 17, United States Code. I. "Grantee" means any "person" receiving a franchise pursuant to this Chapter and under the gr~nting franchise ordinance or agreement, and its lawful successor, transferee or assignee. J. "Grantor" means the City of Temecula as represented by the Council or any delegate acting within the scope of its jurisdiction. - 5 - K. "Gross Annual Receipts" means the annual gross receipts received by a Grantee from all sources of operations of the Cable Television System within the City utilizing the public streets and rights-of-way for which a franchise is required in order to deliver such cable service, excluding refundable deposits, except that any sales, excise or other taxes collected for direct pass-through to local, State or Federal government shall not be included. L. "Initial Service Area" means the area of the City which will receive service initially, as set forth in the Franchise Agreement. M. "Installation" means the connection of the system to subscribers' terminals, and the provision of service. N. "Person" means an individual, partnership, associa- tion, joint stock company, trust, corporation or governmental' entity. O. "Public, Educational or Government Access Facilities" or "PEG Access Facilities" means the total of the following: (1) Channel capacity designated for public, education, or governmental use; and (2) Facilities and equipment for the use of such channel capacity. P. "Section" means any section, subsection, or provision of this Chapter. Q. "Service Area" or "Franchise Area" means the entire geographic area within the City as it is now constituted or may in the future be constituted. - 6 - R. 'Service Tfer" means a category of cable service or other services provided by a Grantee and for which a separate rate is charged by the Grantee. $. 'State" means the State of California. T. 'Street" means each of the following which haYe been dedicated to the public or are hereafter dedicated to the public and mafntained under public authority or by others and located wfthin the City limits: streets, roadways, highways, avenues, lanes, alleys, s£dewalks, easements, rights-of-way and similar public property and areas that the Grantor shall permit to be included within the definition of street from time to time. U. 'Subscriber" means any person who or which elects to subscribe to, for any purpose, a service provided by the Grantee by means of or in connection with the cable system. - 7 - Section 1.3 Franchise to Install and Operate. A franchise granted by the City under the provisions of this Chapter shall encompass the following purposes: A. To engage in the business of providing cable television service, and such other services as may be permitted by law, to subscribers within the designated service area. B. To erect, inst~11, construct, repair, rebuild, reconstruct, replace, maintain, and retain, cable, lines, related electronic equipment, supporting structures, appurtenances, and other property in connection with the operation of a cable system in, on, over, under, upon, along and across streets or other public places within the designated service area. C. To maintain and operate said franchise properties for the origination, reception, transmission, amplification, and distribution of television and radio signals and for the delivery of cable services. D. To set forth the obligations of a Grantee under the franchise. - 8 - Section 1.4 Franchise Required. It shall be unlawful for any person to construct, install or operate a cable television system in the City within any public street without a properly granted franchise awarded pursuant to the provisions of this Chapter. - 9 - Section 1.5 Term of the Franchise. A. A franchise granted hereunder shall be for a term established in the Franchise Agreement, commencing on the Grantor's adoption of an ordinance authorizing the franchise. B. A franchise granted hereunder may be renewed upon application by the Grantee pursuant to the provisions of applicable State and Federal law and of this Chapter. - 10 - Section 1.6 Franchise Territory. Any franchise shall be within all the territorial limits of the City, and within any area added to the City during the term of the franchise. ' - 11 - Section 1.7 Federal or State Jurisdiction. A. This Chapter shall be construed in a manner consistent with all applicable Federal and State laws. Whenever the Federal Communications Commission (FCC) or Public Utilities Commission (PUC) of the State of California or any o~her Federal or State agency shall now or hereafter exercise any paramount jurisdiction over any specific provisions of this Chapter, such paramount jurisdiction shall preempt or preclude the exercise of like jurisdiction by the City. Any modification of such Federal or State law shall to the extent applicable be considered a part of this Chapter as of the effective date of such modification. B. In the event that the State or Federal government discontinues preemption in any area of cable communication over which it currently exercises jurisdiction in such manner as to expand rather than limit municipal regulatory authority, Grantor may, if it so elects, adopt rules and regulations in these areas, provided that such rules and regulations shall not apply to any franchise issued pursuant to this Chapter prior to the adoption of such rules and regulations to the extent they materially adversely affect such franchise, including without limitation requirements with respect to system rebuilds, channel capacity, system design, construction and performance requirements, public, educational or governmental access facilities, support for any such facilities, interconnect commitments, activation of interactive capability or institutional - 12 - networks. Such new municipal regulatory powers may, however, affect existing franchises w~th respect to franchise renewal procedures, franchise fees, consumer protection provisions, regulation of rates, technical standards and related provisions. C. This Chapter shall apply to all franchises'granted or renewed after the effective date of this Chapter. It shall further apply to the extent permitted by applicable Federal or State law to all existing franchises granted prior to the effective date of this Chapter. - 13 - Section 1.8 Franchise Non-Transferable. A. Grantee shall not sell, transfer, lease, assign, sublet or dispose of, in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consoli- dation or otherwise, the franchise or any of the rights or privileges therein granted, without the prior consent of the Council and then only upon such terms and conditions as may be prescribed by the Council, which consent shall not be unreasonably denied or delayed. Any attempt to sell, transfer, lease, assign or otherwise dispose of the franchise without the consent of the Council shall be null and void. B. The requirements of Subsection A. shall apply to any change in the control of Grantee. The word "control" as used herein is not limited to major stockholders or partnership interests, but includes actual working control in whatever manner exercised. In the event that Grantee is a corporation, prior approval of the Council shall be required where ownership or control of more than ten percent (10%) of the voting stock of Grantee is acquired by a person or group of persons acting in concert, none of whom own or control the voting stock of the Grantee as of the effective date of the franchise, singularly or collectively. C. Grantee shall notify Grantor in writing of any fore- closure or any other judicial sale of all or a substantial part of the franchise property of the Grantee or upon the termination of any lease or interest covering all or a - 14 - substantial part of said franchise property. Such notification shall be considered by Grantor as notice that a change in control of ownership of the franchise has taken place and the provisions under this Section governing the consent of Grantor to such change in control of ownership shall'apply. D. For the purpose of determining whether it shall consent to such change, transfer, or acquisition of control, Grantor may inquire into the qualifications of the prospective transferee or controlling party, and Grantee shall assist Grantor in any such inquiry. In seeking Grantor's consent to any change of ownership or control, Grantee shall have the responsibility of insuring that transferee completes an application in form and substance reasonably satisfactory to Grantor, which application shall include the information required under Subsections A. through H. of Section 1.13 of this Chapter. An application shall be submitted to Grantor not less than sixty (60) days prior to the date of transfer. The transferee shall be required to establish that it possesses the qualifications and financial and technical capability to operate and maintain the system and comply with all franchise requirements for the remainder of the term of the franchise. If, after considering the legal, financial, character, technical and other public interest qualities of the applicant and deter- mining that they are satisfactory, the Grantor finds that such transfer is acceptable, the Grantor shall transfer and assign the rights and obligations of such franchise as in the public interest. The consent of the Grantor to such transfer shall not be unreason- ably denied or delayed, provided that in the absence of overriding - 15 - reasons to limit the number of franchises to one (1) in the City, Grantor shall presume that competition among at least two (2) cable operators is beneficial to the City and its residents, and accordingly, shall not consent to any transfer that would result in a reduction in competition. E. Any financial institution having a pledge of the Grantee or its assets for the advancement of money f~r the construction and/or operation of the franchise shall have the right to notify the Grantor that it or its designee satisfactory to the Grantor shall take control of and operate the cable television system, in the event of a Grantee default in its financial obligations. Further, said financial insti- tution shall also submit a plan for such operation within thirty (30) days of assuming such control that will insure continued service and compliance with all franchise require- ments during the term the financial institution exercises control over the system. The financial institution shall not exercise control over the system for a period exceeding one (1) year unless extended by the Grantor in its discretion and during said period of time it shall have the right to petition the Grantor to transfer the franchise to another Grantee. F. Grantee shall reimburse Grantor for Grantor's reasonable processing and review expenses in connection with a transfer of the franchise or of control of the franchise, including without limitation costs of administrative review, financial, legal and technical evaluation of the proposed transferee, consultants (including technical and legal experts and all costs incurred by such experts), notice and publication costs and document preparation expenses. - 16 - Section 1.9 Geographical Coverage. A. Grantee shall design, construct and maintain the cable television system to have the capability to pass every dwelling unit in the City, subject to any line extension requirements of the franchise agreement. B. After service has been established by activating trunk and/or distribution cables for any service area, Grantee shall provide service to any requesting subscriber within that service area within thirty (30) days from the date of request, provided that the Grantee is able to secure all rights-of-way necessary to extend service to such subscriber within such thirty (30) day period on reasonable terms and conditions. Section 1.10 Nonexclusive Franchise. Any franchise granted shall be nonexclusive. The Grantor specifically reserves the right to grant, at any time, such additional franchises for a cable television system or any component thereof, as it deems appropriate. - 18 - Section 1.11 Multiple Franchises. A. Grantor may grant any number of franchises on a City- wide basis. Grantor may limit the number of franchises granted, based upon, but not necessarily limited to, the following considerations: . (1) The capacity of the public rights-of-way to accomn~date multiple coaxial cables in addition to the cables, conduits and pipes of the utility systems, such as electrical power, telephone, gas and sewerage. (2) The benefits that may accrue to cable subscribers as a result of cable system competition, such as lower rates and improved service. (3) The disadvantages that may result from cable system competition, such as the requirement for multiple pedestals on residents' property, and the disruption arising from numerous excavations of the rights-of-way. B. In the absence of overriding reasons to limit the number of franchises to one (1) in the City, Grantor shall presume that competition between at least two (2) cable operators is beneficial to the City and its residents. Each Grantee awarded a franchise to serve the entire City shall offer service to all residences in the City, in accordance with construction and service schedules mutually agreed upon between Grantor and Grantee, with a minimum to achieve thirty-three percent (33%) service to existing residences by the expiration of one-third (1/3) of the franchise term and one hundred percent (100%) service to remaining residences by the expiration of one-half (1/2) of the franchise term. - 19 - C. Developers of new residential housing with underground utilities shall provide conduit to accommodate cables for at least two (2) cable systems in accordance with the provisions of Section 1.19.D. D. Grantor may require that any new Grantee be responsible for its own underground trenching and the costs associated therewith, if, in Grantor's opinion, the rights-of-way in any particular area cannot feasibly and reasonably accommodate additional cables. - 20 - Section 1.12 Franchise Applications. Any person desiring a franchise or franchise renewal for a cable television system shall file an application with the City. A reasonable nonrefundable application fee established by the City shall accompany the application or renewal application to coyer all costs associated with processing and reviewing the application, including without limitation costs of admin- istrative review, financial, legal and technical evaluation of the applicant, consultants (including technical and legal experts and all costs incurred by such experts), notice and publication requirements with respect to the consideration of the application and document preparation expenses. In the event such costs exceed the application fee, the selected applicant(s) shall pay the difference to the City within thirty (30) days following receipt of an itemized statement of such costs. - 21 - Section 1.13 Applications - Contents. An application for a franchise for a cable television system shall contain, where applicable: A. A statement as to willingness to serve the entire City of Temecu] ~. B. Resume of prior history of applicant, including the expertise of applicant in the cable television field. C. List of the l,artners, general and limited, of the applicant, if a partnership, or the percentage of stock owned or controlled by each shareholder, if a corporation. D. List of officers, directors and managing employees of applicant, together with a description of the background of each such person; E. The names and addresses of any parent or subsidiary of applicant or any other business entity owning or controlling applicant in whole or in part, or owned or controlled in whole or in part by applicant; F. A current financial statement of applicant verified by a CPA audit or otherwise certified to be true, complete and correct to the reasonable satisfaction of the City; G. Proposed construction and service schedule. il. Any reasonable additional information that the City deems applicable. - 22 - Section 1.14 Solicitation of Applications. A. The Council may, by advertisement or any other means, solicit and call for applications for cable television system franchises, and may deem and fix any date upon or before which the same shall be received by the City, and may specify any other times, terms, conditions, or limitations respecting the soliciting and receiving of such applications. B. Upon receipt of any application for a franchise, the Council shall refer the same to the City Manager, who shall prepare a report and make his recommendations respecting such application. A public hearing shall be set prior to any franchise grant, at a time and date approved by the Council. Within sixty (60) days after the close of the hearing, the Council shall make a decision based upon the evidence received at the hearing as to whether or not the franchise(s) should be granted, and, if granted, subject to what conditions. The Council may grant one (1) or more franchises, or may decline to grant any franchise. - 23 - Section 1.15 Minimum Consumer Protection and Service Standards. A. Grantee shall maintain a local office or offices to provide the necessary facilities, equipment and persgnnel to comply with the following consumer protection and standards under normal conditions of operation: (1) Sufficient toll-free telephone line capacity during normal business hours to assure that a minimum of ninety-five percent (95%) of all calls will be answered before the sixth ring and ninety percent (90%) of all callers for service will not be required to wait more than thirty (30) seconds before being connected to a service representative. (2) Emergency toll-free telephone line capacity on a twenty-four (24) hour basis, including weekends and holidays. (3) A business and service office, within the City open during normal business hours at least eight (8) hours daily, and at least four (4) hours weekly on evenings or weekends, and adequately staffed to accept subscriber payments and respond to service requests and complaints. (4) An emergency system maintenance and repair staff, capable of responding to.and repairing major system malfunction on a twenty-four (24) hour per day basis. (5) An installation staff, capable of installing service to any subscriber within seven (7) days after receipt of a request, in all areas where trunk and feeder cable have been activated. - 24 - (6) Grantee shall schedule, within a specified four (4) hour time period, all appointments with subscribers for installation or service. B. Grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions, insofar as possible, shall be preceded by notice and shall occur during period of minimum use of the system, preferably between midnight and six A.M. (6:00 A.M.). C. Grantee shall maintain a written log, or an equivalent stored in computer memory and capable of access and reproduction in printed form, for all service interruptions and requests for cable service. D. The Grantee shall maintain a repair force of tech- nicians capable of responding to subscriber requests for service within the following time frames: (1) For a system outage: Within two (2) hours, including weekends, of receiving subscriber calls or requests for service which by number identify a system outage of sound or picture of one (1) or more channels, affecting at least ten percent (10%) of the subscribers of the system. (2) For an isolated outage: Within twenty-four (24) hours, including weekends, of receiving requests for service identifying an isolated outage of sound or picture for one (1) or more channels. - 25 - (3) For inferior signal quality: Within forty-eight (48) hours, including weekends, of receiving a request for service identifying a problem concerning picture or sound quality. ' Grantee shall be deemed to have responded to a request for service under the provisions of this Section when a tech- nician arrives at the service location and begins work on the problem. In the case of a subscriber not being home when the technician arrives, the technician shall leave written notifica- tion of arrival. Three (3) successive subscriber failures to be present at an appointed time shall excuse Grantee of duty to respond. No charge shall be made to the subscriber for any service call unless the service request can be demonstrated to be both repeated and non-cable system in origin, or to involve subscriber negligence. E. Unless excused, Grantee shall determine the nature of the problem within forty-eight (48) hours of beginning work and resolve all cable system related problems within five (5) business days unless technically infeasible. Failure to resolve cable system related Problems within thirty (30) days shall be a material breach of this Agreement. F. Upon five (5) days notice, Grantee shall establish its compliance with any or all of the standards required above. Grantee shall provide sufficient documentation to permit Grantor to verify the compliance. - 26 - G. A repeated and verifiable pattern of non-compliance with the consumer protection standards of A-E above, after Grantee receipt of due notice and an opportunity to cure, may be deemed a material breach of the Franchise Agreement. ]]. Grantee shall establish written procedures ~or receiving, acting upon and resolving subscriber complaints without inter- vention by the Grantor. The written procedures shall prescribe the manner in which a subscriber may submit a complaint either orally or in writing specifying the subscriber's grounds for dissatisfaction. Grantee shall file a copy of these procedures with Grantor. I. Grantor may determine, upon a review of a subscriber complaint and the Grantee's decision, if any, whether further action is warranted. In the event the Grantor does not initiate further proceedings within fifteen (15) days of the filing of the complaint, the Grantee's proposed action or resolution shall be final. If the Grantor decides to initiate further investigation, the Grantor shall allow the Grantee and the subscriber to submit, within ten (10) days of notice thereof, a written statement of the facts and arguments in support of their respective positions. The Grantee or the subscriber may request in such statement that a hearing be conducted by the Grantor. Grantor shall give notice in writing of the time and place for such hearing. The hearing shall be conducted informally, and the parties may offer any information pertinent to the dispute. The parties shall provide any additional evidence, including testing reports from the Grantee, which the Grantor may deem necessary to an understanding and determination of the dispute. The Grantor shall issue a written decision within fifteen (15) days of receipt of the written statements or, if a hearing is requested, within fifteen (15) days of the conclusion of the hearing, setting forth the basis of the decision. J. The Grantor may establish an escrow account wherein a subscriber may deposit a disputed portion of the subscriber's monthly service charge. If a subscriber either continues to make full and timely payment of all monthly service charges to Grantee or deposits any disputed portion of such monthly service charges into said escrow account, Grantee shall not discontinue service during the pendency of a complaint submitted under the provisions of this ordinance. Any amount deposited in the escrow account shall be paid to the Grantee or subscriber in accordance with a final determination of a complaint. Grantee shall advise all subscribers, in writ].ng, of these escrow provisions. K. It shall be the right of all subscribers to continue receiving service insofar as their financial and other obliga- tions to the Grantee are honored. In the event that the Grantee elects to rebuild, modify, or sell the system, or the Grantor gives notice of intent to terminate or not to renew the franchise, the Grantee shall act so as to ensure that all subscribers receive continuous, uninterrupted service so long as the franchise remains in force. - 28 - In the event of a change of Grantee, or in the event a new operator acquires the system, the original Grantee shall cooperate with the Grantor, new Grantee or operator in maintaining continuity of service to all subscribers. During such period, Grantee shall be entitled to the 'revenues for any period during which it operates the system. L. In the event Grantee fails to operate the system for seven (7) consecutive days without prior approval or subsequent excusal of the Grantor, the Grantor may, at its option, operate the system or designate an operator until such time as Grantee restores service under conditions acceptable to the Grantor or a permanent operator is selected. If the Grantor should fulfill this obligation for the Grantee, then during such period as the Grantor fulfills such obligation, the Grantor shall be entitled to collect all revenues from the system, and the Grantee shall reimburse the Grantor for all reasonable costs or damages in excess of the revenues collected by the Grantor that are the result of the Grantee's failure to perform. M. Every officer, agent, or employee of the Grantee or its contractors or subcontractors who come into contact with members of the public shall wear on their outer clothing a photo-identification card in a form approved by Grantor. Grantee shall account for all identification cards at all times. Every vehicle of the Grantee or its contractors or subcontrac{ors - 29 - shall be clearly identified as working for Grantee. The Grantee's telephone number shall also be clearly marked on all such vehicles. All such identification shall be returned on termination of service or permanently defaced on the sale of vehicle. ' - 30 - Section 1.16 Additional Service Standards. Additional service standards and standards governing consumer protection and response by Grantee to subscriber complaints not otherwise provided for in this Chapter may be established in the Franchise Agreement, and Grantee ~hall comply with such standards in the operation of the cable television system. A verified and continuing pattern of noncompliance may be deemed a material breach of the franchise. - 31 - Section 1.17 Franchise Fee. A. Following the issuance and acceptance of the franchise, the Grantee shall pay to the Grantor a franchise fee in the a~ount set forth in the Franchise Agreement. B. The Grantor, on an annual basis, shall be furnished a statement within sixty (60) days of the close of the calendar year, either audited and certified by an independent Certified Public Accountant or certified by a financial officer of the Grantee, reflecting the total amounts of gross receipts and all payments, deductions and computations for the period covered by the payment. Upon ten (10) days prior written notice, Grantor shall have the right to conduct an independent audit of Grantee's records, in accordance with Generally Accepted Accounting Procedures, and if such audit indicates a franchise fee underpayment of two percent (2%) or more, the Grantee shall assume all reasonable costs of such an audit. C. No acceptance of any payment by the Grantor shall be construed as a release or as an accord and satisfaction of any claim the Grantor may have for further or additional sums payable as a franchise fee under this ordinance or for the performance of any other obligation of the Grantee. D. In the event that any franchise payment or recomputed amount is not made on or before the dates specified herein, Grantee shall pay as additional compensation: (1) An interest charge, computed from such due date, at an annual rate equal to the average rate of return on invested funds of the Grantor during the period for which payment was due; and (2) If the payment is late by forty-five (45) days or more, a sum of money equal to five percent (5%) of the amount due in order to defray those additional expenses and costs incurred by the Grantor by reason of delinquent payment. E. Franchise fee payments shall be made in accordance with the schedule indicated in the Franchise Agreement. - 33 - Section 1.18 Security Fund. A. Grantor may require Grantee to deposit into an interest bearing account established by Grantor a sum established in the Franchise Agreement as a security fund. This sum shall be maintained on deposit for a term as provided in the Franchise Agreement, with any interest payable to Grantee. B. The security fund shall be available to Grantor to satisfy any and all claims, liens and/or taxes due Grantor from Grantee which arise by reason of construction, operation, or maintenance of the system, and to satisfy any remedies or liquidated damages arising out of a franchise breach, subject to the procedures and amounts designated in the Franchise Agreement. C. Subject to Grantor approval, the security fund requirements may be satisfied by conveyance of an irrevocable letter of credit to the Grantor, or by provision of a corporate surety bond, in a form approved by Grantor. - 34 - Section 1.19 Design and Construction Requirements. A. Grantee shall not construct any cable system facilities until Grantee has secured the necessary permits from Grantor, or other cognizant public agencies. B. In those areas of the City where transmission or distribution facilities of the public utilities providing telephone and electric power service are underground, the Grantee likewise shall construct, operate and maintain its transmission and distribution facilities therein underground. C. In those areas of the City where Grantee's cables are located on the above-ground transmission or distribution facilities of the public utility providing telephone or electric power service, and in the event that the facilities of both such public utilities subsequently are placed underground, then the Grantee likewise shall reconstruct, operate and maintain its transmission and distribution facilities under- ground, at Grantee's cost. D. In the event of multiple franchisees desiring to serve new residential developments in which the electric power and telephone utilities are underground, the following procedure shall apply with respect to access to and utilization of under- ground easements: (1) The developer shall be responsible for contacting and surveying all franchised cable operators to ascertain which operators desire to provide cable television service to that development. The developer may establish a reasonable deadline to receive cable operator responses. The final development map - 35 - shall indicate the cable operators that have agreed to serve the development. (2) If one (1) or two (2) cable operators wish to provide service, they shall be accommodated in the joint utilities trench on a nondiscriminatory shared basis. If fewer than two (2) operators indicate interest, the developer shall provide conduit to accommodate two (2) sets of cable television cables and dedicate to the City any initially unoccupied conduit. The developer shall be entitled to recover the cost of such initially unoccupied conduit in the event that Grantor sub- sequently leases or sells occupancy or use rights to any Grantee. (3) The developer shall provide at least ten (10) working days notice of the date that utility trenches will be open to the cable operators that have agreed to serve the development. When the trenches are open, cable operators shall have forty-eight (48) hours to begin the installation of their cables, and five (5) days after beginning installation to complete installation. (4' The final development map shall not be approved until the developer submits evidence that: (a) It has notified each Grantee that underground utility trenches are to open as of an estimated date, and that each Grantee will be allowed access to such trenches, including trenches from proposed streets to individual homes or home sites, on specified nondiscriminatory terms and conditions; and (b) It has received a written notification from each Grantee that the Grantee intends to install its facilities during the open trench period on the specified terms and conditions, or such other terms and conditions as are mutually agreeable to the - 36 - developer and Grantee, or has received no reply from a Grantee within ten (10) days after its notification to such Grantee, in which case the Grantee will be deemed to have waived its opportunity to install its facilities during the open trench period. (5) Sharing the joint utilities trench shall be subject to compliance with Public Utilities Commission and utility standards. If such compliance is not Dossib~e, or if three (3) or more cable operators desire to provide service to the development, the developer shall provide a separate trench for the cable television cables, with the entire cost shared among the participating operators. With the concurrence of the developer, the affected utilities and the cable operators, alternative installation procedures, such as the use of deeper trenches, may be utilized, subject to applicable law. (6) Any cable operator wishing to serve an area where the trenches have been closed shall be responsible for its own trenching and associated costs. (7) The City reserves the right to limit the number of drop cables and/or pedestals per residence, or to require that the drop cable(s) and/or pedestal(s) be utilized only by the cable operator selected by the resident to provide service. (8) The City reserves the right to grant an encroach- ment permit to a cable franchise applicant to install conduit and/or cable in anticipation of the granting of a franchise. Such installations shall be at the applicant's risk, with no recourse against the City in the event the pending franchise application is not granted. The City may require an applicant to provide a separate trench for its conduit and/or cable, at the applicant's cost. The construction of such a separate trench, if provided, shall be coordinated with, and subject to, the developer's overall construction schedule. - 37 - Section 1.20 Technical Standards. A. The Grantee shall construct, install, operate and maintain its system in a manner consistent with all applicable laws, ordinances, construction standards, governmental require- ments, FCC technical standards, and any detailed standards set forth in its Franchise Agreement. In addition, the Grantee shall provide to the Grantor, upon request, a written report of the results of the Grantee's annual proof of performance tests conducted pursuant to FCC standards and guidelines. B. Failure to maintain specified technical standards shall constitute a material breach of the franchise. - 38 - Section 1.21 Hold Harmless. Grantee shall indemnify, defend and hold Grantor, its officers, agents and employees harmless from any liability, claims, damages, costs or expenses, including reasonable attorneys' fees, arising from injury to persons or damages to property to the extent caused by any conduct undertaken by the Grantee, its officers, agents or employees, by reason of the franchise; Grantee s]]all at its sole cost and expense, upon demand of Grantor, appear in and defend any and all suits, actions or other legal proceedings, whether judicial, quasi-judicial, administrative, legislative or otherwise, brought or instituted or had by third persons or duly constituted authorities, against or affecting Grantor, its officers, agents or employees, and arising out of or pertaining to any conduct of the Grantee, its agents or employees which is within the scope of this indemnity. - 39 - Section 1.22 Insurance. A. On or before commencement of franchise operations, the Grantee shall obtain policies of liability, Workers' Compen- sation and property insurance from companies authorized to transact business in California by the Insurance Commissioner of California. B. The policy of liability insurance shall: (1) Be issued to Grantee and name Grantor, its officers, agents and employees as additional insureds; (2) Indemnify for all liability for personal and bodily injury, death and damage to property arising from activities conducted and premises used pursuant to this Chapter by providing coverage therefor, including but not limited to " Negligent acts or omissions of Grantee and its agents, servants and employees, committed in the conduct of franchise operations, and/or o Use of motor vehicles; (3) Provide a combined single limit for comprehen- sive general liability and comprehensive automobile liability insurance in the amount provided for in the Franchise Agreement. Such insurance policy shall be subject to the review and approval of Grantor's legal counsel; and (4) Be noncancellable without thirty (30) days prior written notice thereof directed to Grantor. C. The policy of Worker's Compensation Insurance shall: coverage for: - 40 - (1) Have been previously approved as to substance and form by the California Insurance Commissioner; (2) Cover all employees of Grantee who in the course and scope of their employment are to conduct the franchise operations; , (3) Provide for every benefit and payment presently or hereinafter conferred by Division 4 of the Labor Code of the State upon an injured employee, including vocational rehabilita- tion and death benefits. D. The policy of property insurance shall provide fire insurance with extended coverage on the franchise property used by Grantee in the conduct of franchise operations in an amount adequate to enable Grantee to resume franchise operations following the occurrence of any risk covered by this insurance. E. Grantee shall file with Grantor prior to commencement of franchise operations either certified copies of these insurance policies or a certificate of insurance for each of the required policies executed by the company issuing the policy or by a broker authorized to issue such a certificate, certifying that the policy is in force and providing the following information with respect to said policy: (1) The policy number; (2) The date upon which the policy will become effective and the date upon which it will expire; (3) The names of the named insureds and any additional insured required by this Chapter or the Franchise Agreement; (4) The subject of the insurance; - 41 - and insurance. (5) The type of coverage provided by the insurance; (6) Amount or limit of coverage provided by the F. Conduct of franchise operations shall not 6ommence until Grantee has complied with the aforementioned provisions of this Section. G. In the event Grantee fails to maintain any of the above-described policies in full force and effect, Grantor shall, upon forty-eight (48) hours notice to Grantee, have the right to procure the required insurance and recover the cost thereof from Grantee. Grantor shall also have the right to suspend the franchise during any period that Grantee fails to maintain said policies in full force and effect. II. No more than once during any three (3) year period, Grantor shall have the right to order Grantee to increase the amounts of the insurance coverage provided herein. Such order may be made by Grantor after complying with the hearing procedure provided for in Section 1.32 herein. Increases in insurance coverage shall be based upon current prudent business practices of like enterprises involving the same or similar risks. - 42 - Section 1.23 Records Required and Grantor's Right to Inspect. A. Grantee shall at all times maintain: (1) A record of all complaints received and inter- ruptions or degradation of service experienced for t~e preceding two (2) years, provided that such complaints result in or require a service call. (2) A full and complete set of plans, records and "as-built" maps showing the location of the cable television system installed or in use in the City, exclusive of subscriber service drops and equipment provided in subscribers' homes. (3) A record of service calls, identifying the number, general nature and disposition of such calls, on a monthly basis. A sumalary of such service calls shall be sub- mitted to the Grantor within thirty (30) days following the end of each month in a form reasonably acceptable to the Grantor. B. The Grantor may impose reasonable requests for additional information, records and documents from time to time, provided they reasonably relate to the scope of the City's rights under this Chapter or the Grantee's Franchise Agreement. C. Upon reasonable notice, and during normal business hours, Grantee shall permit examination by any duly authorized representative of the Grantor, of all franchise property and facilities, together with any appurtenant property and facilities of Grantee situated within or without the City, and all records relating to the franchise, provided they reasonably relate to the scope of Grantor's rights under this Chapter or the Grantee's Franchise Agreement. - 43 - Section 1.24 Annual Reports. Within ninety (90) days after the end of the calendar year, Grantee shall submit a written annual report to Grantor with respect to the preceding calendar year in a form approved by Grantor, including, but not limited to, the following information: A. A summary of the previous year's (or in the case of the initial reporting year, the initial year's) activities in deYelopment of the cable system, including but not limited to, services begun or discontinued during the reporting year; B. A current statement of costs of construction by component categories; C. A list of Grantee's officers, members of its board of directors, and other principals of Grantee; D. A list of stockholders or other equity investors holding five percent (5%) or more of the voting interest in Grantee and its parent, subsidiary and affiliated corporations and other entities, if any; E. An indication on a map of those areas where service is planned and a schedule describing the planned implementation; F. Information as to the number of homes passed, subscribers, additional television outlets, and penetration of basic and pay service in the service area. G. Any other information which the Grantor shall reasonably request. - 44 - Section 1.25 Copies of Federal and State Reports. Grantee shall submit to Grantor copies of all pleadings, applications and reports submitted by Grantee to, as well as copies of all decisions, correspondence and actions by any Federal, State or local court, regulatory agency, or'other governmental body which are non-routine in nature and which will materially affect its cable television operations within the franchise area. Grantee shall submit such documents to Grantor simultaneously with their submission to such court, agency and/or body; or within five (5) days after their receipt from such court, agency and/or body. Information otherwise confidential by law and so designated by Grantee, which is submitted to Grantor, shall be retained in confidence by Grantor and its authorized agents and shall not be made available for public inspection. - 45 - Section 1.26 Public Reports. If Grantee is publicly held, a copy of each Grantee's annual and other periodic reports and those of its parent, shall be submitted to Grantor within forty-five (45) days of its issuance. - 46 - Section 1.27 Complaint Report and Opinion Survey. A. The Grantee shall furnish to the Grantor the results of any opinion survey conducted by the Grantee which identifies satisfaction or dissatisfaction among subscribers within the City with the Grantee's cable service. The results 6f such survey shall be furnished to the Grantor within thirty (30) days following completion of the survey. B. Upon request of the Grantor, but not more than once annually, the Grantee shall conduct a subscriber satisfaction survey pertaining to quality of service, which may be transmitted to subscribers in subscriber statements for cable services. The form and content of such survey shall be reason- ably acceptable to the Grantor. The cost of such survey shall be borne by the Grantee. - 47 - Section 1.28 Privacy Report. Upon Grantor's request, but no more than annually, Grantee shall submit to Grantor an annual report indicating the degree of compliance with the privacy provisions contained in Section 1.42 herein and all steps taken to assure that the privacy rights of individuals have been protected. - 48 - Section 1.29 Reports - General. A. All reports required under this Chapter, except those confidential by law, shall be available for public inspection in the Grantor's offices during normal business hours. B. All reports and records required under thi~ Chapter shall be furnished at the sole expense of Grantee, except as otherwise provided in this Chapter or the Franchise Agreement. C. The willful refusal, failure, or neglect of Grantee to file any of the reports required as and when due under this Chapter, may be deemed a material breach of the Franchise Agreement if such reports are not provided to Grantor within thirty (30) days after written request therefor, and may subject the Grantee to all remedies, legal or equitable, which are available to Grantor under the franchise or otherwise. D. Any materially false or misleading statement or repre- sentation made knowingly and willfully by the Grantee in any report required under this Chapter or under the Franchise Agreement may be deemed a material breach of the franchise and may subject Grantee to all remedies, legal or equitable, which are available to Grantor under the franchise or otherwise. - 49 - Section 1.30 Annual Review of System Performance. Each year throughout the term of the franchise, if requested by the Grantor, Grantor and Grantee shall meet publicly to review system performance and quality of service. The various reports required pursuant to this Chapter, results of technical performance tests, the record of subscriber complaints and Grantee's response to complaints, and the informa- tion acquired in any subscriber surveys, shall be utilized as the basis for review. In addition, any subscriber may submit comments or complaints during the review meetings, either orally or in writing, and these shall be considered. Within thirty (30) days after conclusion of a system performance review meeting, Grantor may issue findings with respect to the adequacy of system performance and quality of service. If the Grantee is determined not to comply with the requirements of this Chapter or the Grantee's franchise, Grantor may direct Grantee to correct the areas of noncompliance within a reasonable period of time. 'Failure of Grantee, after due notice, to correct the areas of noncompliance within the period specified therefor or to commence compliance within such period and diligently achieve compliance thereafter shall be considered a material breach of the franchise, and Grantor may exercise any remedy within the scope of this Chapter and the Franchise Agreement considered appropriate. - 50 - Section 1.31 Special Review of System Performance. When there have been complaints made or where there exists other evidence which, in the judgment of the Grantor, casts reasonable doubt on the reliability or quality of cable service to the effect that the Grantee is not in compliance ~ith the requirements of this Chapter or its franchise, the Grantor shall have the right to compel the Grantee to test, analyze and report on the performance of the system in order to protect the public against substandard cable service. Such test or tests shall be made and the report thereof shall be delivered to the Grantor no later than thirty (30) days after the Grantor notifies the Grantee that it is exercising such right, and shall be made at Grantee's sole cost. Such report shall include the following information: The nature of the complaints which precipitated the special tests; what system component was tested; the equipment used and procedures employed in said testing; the results of such tests; and the method by which such complaints were resolved. Any other information pertinent to the special test shall be recorded. - 51 - Section 1.32 Special Evaluation Sessions. The Grantor may hold special evaluation sessions at any time during the term of a franchise, provided such sessions are held no more often than once every three (3) years. The Grantee shall be notified of the place, time and date thereof and the topics to be discussed. Such sessions shall be open to the public and advertised in a newspaper of general circulation at least thirty (30) days before each session. The sessions may include an evaluation of any items considered relevant to the cable system, the subscribers and the City. Either the Grantor or the Grantee may propose items for discussion or evaluation. - 52 - Section 1.33 Remedies for Franchise Violations. If Grantee fails to perform in a timely manner any obliga- tion required by this Chapter or a franchise granted hereunder following notice from the Grantor and an opportunity to cure such non- performance in accordance with the provisions of Section 1.35 of this Chapter, Grantor may at its option and in its sole discretion: A. Cure the violation and recover the actual cost thereof from the security fund established herein if such violation is not cured within five (5) days after written notice to the Grantee of Grantor's intention to cure and draw upon the security fund; B. Assess against Grantee liquidated damages in an amount set forth in the Franchise Agreement for any such violation(s) if such violation is not cured within five (5) days after written notice to the Grantee of Grantor's intention to assess liquidated damages. By acceptance of a franchise hereunder, Grantee hereby agrees to pay any assessment to be levied against the security fund hereinabove provided and collected by Grantor immediately upon such assessment. Such assessment shall not constitute a waiver by Grantor of any other right or remedy it may have under the franchise or under applicable law, including without limita- tion, its right to recover from Grantee such additional damages, losses, costs and expenses, including actual attorneys' fees, as may have been suffered or incurred by Grantor by reason of or arising out of such breach of the franchise; C. For violations which have materially degraded the quality of service, order and direct Grantee to issue rebates - 53 - or credits to subscribers, in an amount to be determined by Grantor to be reasonably related to the nature of the degradation in service and measured by the period of the degradation, to provide monetary relief substantially equal to the reduced quality of service resulting from Grantee's failure to perform. - 54 - Section 1.34 Grantor's Power to Revoke. Grantor reserves the right to revoke any franchise granted pursuant to this Chapter and rescind all rights and privileges associated with it in the following circumstances, each of which shall represent a default by Grantee and material breach under the franchise grant: A. If Grantee shall default in the performance of its material obligations under this Chapter or under such agreements, contracts or other terms and provisions entered into by and between Grantor and the Grantee; B. If Grantee shall fail to provide or maintain in full force and effect the insurance coverage or security fund as required herein; C. If Grantee shall violate any order or ruling of any regulatory body having jurisdiction over the Grantee relative to the Grantee's franchise, unless such order or ruling is being contested by Grantee by appropriate proceedings conducted in good faith; D. If Grantee attempts to evade any provision of this Chapter or practices any fraud or deceit upon Grantor; E. If Grantee persistently fails to remedy defaults for which lesser penalties have pre¥iously been imposed; F. If Grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt; ~he termination and forfeiture of the Grantee's franchise shall in no way affect any right of Grantor to pursue any remedy under the franchise or any provision of law. - 55 - Section 1.35 Procedure for Remedying Franchise Violations. Prior to imposing any remedy or other sanction against Grantee specified in this Chapter, Grantor shall give Grantee notice and opportunity to be heard on the matter, in accordance with the following procedures: A. Grantor shall first notify Grantee of the violation in writing by persona]. delivery or registered or certified mail, and demand correction within a reasonable time, which shall not be less than five (5) days in the case of the failure of the Grantee to pay any sum or other amount due the Grantor under this Chapter or the Grantee's franchise and thirty (30) days in all other cases. If Grantee fails to correct the violation within the time prescribed or if Grantee fails to commence correction of the violation within the time prescribed and dili- gently remedy such violation thereafter, the Grantor shall then give written notice of not less than twenty (20) days of a public hearing to be held before the Council. Said notice shall specify the violations alleged to have occurred. B. At the public hearing, the Council shall hear and consider all relevant evidence, and thereafter render findings and its decision. C. In the event the Council finds that Grantee has corrected the violation or has diligently commenced correction of such violation after notice thereof from Grantor and is diligently proceeding to fully remedy such violation, or that no violation has occurred, the proceedings shall terminate and no penalty or other sanction shall be imposed. - 56 - D. In the event the Council finds that the alleged violations exist and that Grantee has not corrected the same in a satisfactory manner or has not diligently commenced correction of such violation after notice thereof from Grantor and is not diligently proceeding to fully remedy such violation, the Council may impose one or more of the remedies specified herein as it, in its discretion, deems appropriate under the circumstances. - 57 - Section 1.36 Forc~ Majeure; Grantee's Inability to Perform. In the event Grantee's performance of any of the terms, conditions or obligations required by this Chapter or a franchise granted hereunder is prevented by a cause or event not within Grantee's control, such inability to perform shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof; provided, however, that such inability to perfor,] shall not relieve a Grantee from the obligations imposed by' Section 1.33.C, pertaining to refunds and credits for inter- ruptions in service. For the purpose of this Section, causes or events not within the control of Grantee shall include without limitation acts of God, strikes, sabotage, riots or civil dis- turbances, restraints imposed by order of a governmental agency or court, explosions, acts of public enemies, and natural dis- asters such as floods, earthquakes, landslides, and fires, but shall not include financial inability of the Grantee to perform or failure of the Grantee to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of Grantee, or the failure of the Grantee to secure supplies, services or equipment necessary for the installation, operation, maintenance or repair of the cable communications system where the Grantee has failed to exercise reasonable diligence to secure such supplies, services or equipment. - 58 - Section 1.37 Abandonment or Removal of Franchise Property. A. In the event that the use of any franchise property or a portion thereof is discontinued for a continuous period of twelve (12) months, Grantee shall be deemed to have abandoned that franchise property. B. Grantor, upon such terms as Grantor may impose, may give Grantee permission to abandon, without removing, any system facility or equipment laid, directly constructed, operated or maintained under the franchise. Unless such permission is granted or unless otherwise provided in this Chapter, the Grantee shall remoue all abandoned facilities and equipment upon receipt of written notice from Grantor and shall restore the street to its former state at the time such facilities and equipment were installed, as near as may be, so as not to impair its usefulness. In removing its plant, structures and equipment, Grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good condition as that prevailing prior to such removal without materially inter- fering with any electrical or telephone cable or other utility wires, poles, or attachments. Grantor shall have the right to inspect and approve the condition of the public ways, public places, cables, wires, attachments and poles prior to and after removal. The liability, indemnity and insurance provisions of this Chapter and the security fund as provided herein shall continue in full force and effect during the period of removal and until full compliance by Grantee with the terms and conditions of this Section. - 59 - C. Upon abandonment of any franchise property in place, the Grantee, if required by the Grantor, shall submit to the Grantor an instrument, satisfactory in form to the Grantor, transferring to the Grantor the ownership of the franchise property abandoned. D. At the expiration of the term for which the franchise is granted, or upon its revocation or earlier expiration, as provided for herein, in any such case without renewal, extension or transfer, the Grantor shall have the right to require Grantee to remove, at its own expense, all above-ground portions of the cable television system from all streets and public ways within the City within a reasonable period of time, which shall not be less than one hundred eighty (180) days. E. Notwithstanding anything to the contrary set forth in this Chapter, the Grantee may abandon any underground franchise property in place so long as it does not materially interfere with the use of the. street or public rights-of-way in which such property is located or with the use thereof by any public utility or other cable Grantee. - 60 - Section 1.38 Restoration by Grantor: Reimbursement of Costs. In the event of a failure by Grantee to complete any work required herein or by any other law or ordinance, and if such work is not completed within thirty (30) days after receipt of written notice thereof from Grantor or, if more than thirty (30) days are reasonably required therefor, if Grantee does not commence such work within such thirty (30) day period and diligently complete the work thereafter (except in cases of emergency constituting a threat to public health, safety or welfare), Grantor may cause such work to be done and Grantee shall reimburse Grantor the costs thereof within thirty (30) days after receipt of an itemized list of such costs, or Grantor may recover such costs through the security fund provided by Grantee. - 61 - Section 1.39 Extended Operation and Continuity of Services. Upon either expiration or revocation of the franchise, the Grantor shall have discretion to permit Grantee to continue to operate the cable television system for an extended period of time not to exceed twelve (12) months from the date of such expiration or revocation, unless extended by resolution of Grantor. Grantee shall, as trustee for its successor-in-interest, continue to operate the system under the terms and conditions of this Chapter and the franchise and to provide the regular subscriber service and any and all of the services that may be provided at that time. It shall be the right of all subscribers to continue to receive all available services provided their financial and other obligations to Grantee are honored. The Grantee shall use reasonable efforts to provide continuous, uninterrupted service to its subscribers, including operation of the system during transitional periods following franchise expiration or termination. - 62 - Section 1.40 Receivership and Foreclosure. A. A franchise granted hereunder shall, at the option of Grantor, cease and terminate one hundred twenty (120) days after appointment of a receiver or receivers, or trustee or trustees, to take over and conduct the business of Grantee, whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless: (1) such receivers or trustees shall have, within one hundred twenty (120) days after their election or appointment, fully complied with all the terms and provisions of this Chapter and the franchise granted pursuant hereto, and the receivership or trustees within said one hundred twenty (120) days shall have remedied all the faults under the franchise or provided a plan for the remedy of such faults which is satis- factory to the Grantor; and (2) such receivers or trustees shall, within said one hundred twenty (120) days, execute an agreement duly approved by the court having jurisdiction in the premises, whereby such receivers or trustees assume and agree to be bound by each and every term, provision and limitation of the franchise herein granted. B. In the case of a foreclosure or other judicial sale of the franchise property, or any material part thereof, Grantor may serve notice of termination upon Grantee and the successful bidder at such sale, in which event the franchise herein granted and all rights and privileges of the Grantee hereunder shall cease and terminate thirty (30) days after service of such notice, - 63 - unless: (1) Grantor shall have approved the transfer of the franchise, as and in the manner that this Chapter provides; and (2) such successful bidder shall have covenanted and agreed with Grantor to assume and be bound by all terms and conditions of the franchise. - 64 - Section 1.41 Rights Reserved to Grantor. A. In addition to any rights specifically reserved to the Grantor by this Chapter, the Grantor reserves to itself every right and power which is required to be reserved by a provision of any ordinance or under the franchise, and the Grantee by accepting a franchise hereunder agrees to be bound thereby and to comply with any action or requirement of the Grantor in its exercise of any such right or power. B. The Grantor shall have the right to waive any provision of the franchise, except those required by Federal or State regulation, if the Grantor determines (1) that it is in the public interest to do so, and (2) that the enforcement of such provision will impose an undue hardship on the Grantee or the subscribers. To be effective, such waiver shall be evidenced by a statement in writing signed by a duly authorized representa- tive of the Grantor. Waiver of any provision in one instance shall not be deemed a waiver of such provision subsequent to such instance nor be deemed a waiver of any other provision of the franchise unless the statement so recites. - 65 - Section 1.42 Rights of Individuals. A. Grantee shall not deny service, deny access, or other- wise discriminate against subscribers, channel users, or general citizens on the basis of race, color, religion, national origin, age or sex. Grantee shall comply at all times with all other applicable Federal, State and local laws and regulations, and all executive and administrative orders, relating to nondiscrmina- tion, including without limitation Section 51 of the California Civil Code which is incorporated in this Section by reference. B. Grantee shall adhere to the applicable equal employment opportunity requirements of the FCC, State and local regulations, as now written or as amended from time to time. C. Neither Grantee, nor any person, agency, or entity shall, without the subscriber's consent, tap, or arrange for the tapping, of any cable, line, signal input device, or subscriber outlet or receiver for any purpose except routine maintenance of the system, detection of unauthorized service, polling with audience participating, or audience viewing surveys to support advertising research regarding viewers where individual viewing behavior cannot be identified. D. In the conduct of providing its services or in pursuit of any collateral commercial enterprise resulting therefrom, Grantee shall take reasonable steps to prevent the invasion of a subscriber's or general citizen's right of privacy or other personal rights through the use of the system as such rights are delineated or defined by applicable law. Grantee shall not - 66 - without lawful court order or other applicable valid legal authority utilize the system's interactive two-way equipment or capability for unauthorized personal surveillance of any sub- scriber or general citizen. E. No cable line, wire, amplifier, converter, or other piece of equipment owned by Grantee shall be installed by Grantee in the subscriber's premises without first securing any required consent. If a subscriber requests service, permission to install upon subscriber's property shall be presumed. F. The Grantee shall credit or refund to the subscriber upon request, for interruptions in service, as provided in the Grantee's Franchise Agreement. G. The Grantee, or any of its agents or employees, shall not sell, or otherwise make available to any party: (1) Any list of the names and addresses of subscribers containing the names and addresses of subscribers who request in writing to be removed from such list; and (2) Any list which identifies the viewing habits of individual subscribers, without the prior written consent of such subscribers. This does not prohibit the Grantee from providing composite ratings of subscriber viewing to any party. - 67 - Section 1.43 Separability. if any provision of this Ordinance is held by any court or by any Federal or State agency of competent jurisdiction, to be invalid as conflicting with any Federal or State %aw, rule or regulation now or hereafter in effect, or is held by such court or agency to be modified in any way in order to conform to the requirements of any such law, rule or regulation, such provision shall be considered a separate, distinct, and independent part of this Chapter , and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof which had been held invalid or modified is no longer in conflict with such law, rule or regulation, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantor and Grantee, provided that Grantor shall give Grantee thirty (30) days written notice of such change before requiring compliance with said provision or such longer period of time as may be reasonably required for Grantee to comply with such provision. - 68 - PASSED, APPROVED, and ADOPTED this day of 1990. Mayo r ATTEST: City Clerk SUBMITTAL TO THE CITY OF TEMECULA COUNTY OF RIVERSIDE, STATE OF CALIFORNIA FROM: RIVERSIDE COUNTY FIRE DEPARTMENT DATE: 7/17/90 SUBJECT: Hearing and Adoption of Resolution Confirming Special Assessments for the Costs of Abating Hazardous Weeds. RECOMMENDED MOTION: 1. That the clerk set a hearing at ?:00 p.m. on July 24, 19~0, to hear objections, if any~ to special assessments to be imposed upon land for the costs of abating hazardous weeds and to confirm such special assessments by adopting Resolution 90- with its attached Exhibit "A". Clerk to advertise the Hearing. 2. That at the conclusion of the hearing~ the Board adopt Resolution 90- confirming special assessments for the costs incurred in abating the hazardous weeds. JUSTIFICATION: The holding of a hearing and the confirmation of the list of parcels upon which the costs of abatement will become a special assessment is the required final step under Government Code 39576 in the weed abatement program. County Fire Chief db City Council City of Temecula 4 $ ? 10 11 14 17 19 ~0 ~4 RESOLUTION NO. 90- ORDERING CONFIRMATION OF SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS WEEDS 1990, parcels of land Resolution No. 90- and within the City of Temecula pursuant and Government Code Section 39560 WHEREAS, following a public hearing held on July lop this Council ordered the abatement of hazardous weeds on to its et seq; WHEREAS, said abatement of hazardous weeds has not been completed on each of the parcels as described in the attached list of parcels (Exhibit "A"), at a cost equal to the costs of abatement and removal of hazardous weeds on each such parcel; and WHEREASp following a public hearing this Council has heard all objections of property owners liable to be assessed for the costs of abatement; now, therefore, BE IT RESOLVED by the City Council of the City of Temecula, State of California, in regular session assembled on July 24, 1990, that the list of parcels and costs of abatement and removal of hazardous weeds for each parcel is hereby confirmed and that said costs shall constitute special assessments against the respective parcels of land~ and are a lien on said land in the amount of the respective assessments. BE IT FURTHER RESOLVED that such liens shall attach the and recordation. upon recordations in the Office of the County Recorder of County of Riverside of a certified copy of this Resolutions that the City Clerk is hereby directed to make such shall be enter the respective assessment time and taxes as 9 10 11 12 15 16 17 18 ~0 24 25 ~7 BE IT FURTHER RESOLVED that a copy of this Resolution transmitted to the Treasurer-Tax Collector who shall amounts of the respective assessments against the parcels of land as they appear on the current roll, and shall collect said assessments at the same in the same manner as ordinary municipal ad valorem provided by Government Code 395??. t~x20/90 0?:05 RIVERSIDE COUNTY FIRE DEPTO. P. 02 PARGEL 914300049 914300075 919043003 919051010 919051012 919071003 919082002 919100008 919100009 919122001 919140008 919161005 919170013 919170015 919181000 919200010 919200011 919210001 919210003 919210008 919221001 919262001 919262006 919291003 9192920~0 919313001 919313002 921111002 921120016 921120017 921130007 921140012 921140013 921163007 921180004 921192002 921192003 921192004 921211001 921211014 921480059 922028018 922034018 922034030 922034031 922034032 922041009 922041010 922042007 922140010 9221§0022 RIVERSIDE COUNTY FIRE DEPARTMENT HAZARD REDUCTION CITY OF TEMECULA AMOUNT C}~RGED $245.00 $270.00 $170.00 $170.00 $170.00 $170.00 $170. O0 $195.00 $170. O0 $170.00 $195.00 $170.00 $170.00 $170,00 $170.00 $170.00 $170.00 $170.00 $170.00 $170.00 $170.00 $170,00 $170. O0 $170. O0 $170.00 $170.00 $170.00 $170. O0 $170. O0 $170.00 $170.00 $170.00 $170.00 $170. O0 $170.00 $170.00 $170.00 $170. O0 $170. O0 $170.00 $220.00 $195.00 $170.00 $170.00 $170.00 $170.00 $170.00 $170. O0 $170.00 $245.00 $220.00 PAGE TOTAL $9,095.00 t~7x21~=3t~I 07: 05 R ! UERS ! DE CIDLINTY F ! RE DEPTO. P. 03 PARCEL 922160010 92217O001 922200007 945060002 945080008 945080005 945080008 945110013 945120001 945120OO4 g4610001Z 946100012 948100015 TOTAL AMOUNT CHARa~D $220. O0 $220. O0 $220. O0 $245. O0 $245. O0 $195. O0 $195. O0 $195. O0 $220.00 $420. O0 $220. O0 $220. O0 $170. O0 $12,080.00 PA~ 2 CITY OF TEMECULA AGENDA REPORT AB#:/q TITLE: TENTATIVE TRACT 21067. REVISED OEPT HD MTG: "7-z,/-9a THIRD EXTENSION OF TIME CITY ATTY DEPT: :Pc~. CITY MGR Recommendation That the City Council SET FOR HEARING Tentative Tract 21067 Revised, the third extension of time on August lq, 1990. Project Information Request Filed: Case No.: Representative: Proposal: Location: Zoning: Area Plan: Surrounding Zoning: Surrounding Land Uses: Project Statistics: County Planning, May 18, 1990 Tentative Tract 21067, Revised Kingsway Construction The applicant requests a third extension of time for Tentative Tract 21067, Revised, a 10q lot single family subdivision with 17.7 acres of open space along the northern side of the site for Temecula Creek. The northerly side of Pala Road, south of Highway 79, and approximately 1/2 mil southeast of the intersection of Pala Road and Highway 79. R-l, Single Family Residential 2-5 Dwelling Units per acre North: R-R, Rural Residential South: R-l, Single Family Residential East: R-R, Rural Residential West: C-1/CP, General Commercial North: Vacant South: Single Family Residential East: Horse Ranch West: Mini-storage Facility Tentative Tract Map for 10~ lots on a ~6.0 acre site with a 17.7 acre open space area for Temecula Creek. The minimum lot size is 7,200 square feet. Project Backaround Tentative Tract 21067 was approved by the County in conjunction with Change of Zone q525 lfrom R-R to R-l), on April 8, 1986. The first and second extensions of time were approved by the County on June 7, 1988, and on August 8, 1989, respectively. The third request for an extension of time was submitted to the County on February 21, 1990 to allow time for the Federal Emergency Management Agency (FEMA) to review and approve the project~s drainage and flood control plan before the deadline for recordation of the final map. On March 29, 1990, the County Planning Commission tentatively approved the third extension of time for Tentative Tract 21067, and recommended that the City receive and file the notice of decision by the County Planning Commission. Area Settin.el The ~16.0 acre site is a flat, vacant piece of land abutting the northerly side of Pala Road. The Wildomar Fault is approximately 1,000 feet northeasterly of the site. A geology study conducted on the site in January of 1989 concluded that the site contains no evidence of faulting, fault related features, or ground fissuring, and that the potential for differential subsidence and ground fissuring at the site is very low. The geology report was submitted to the County Geologist, but was never reviewed. The Southwest Area Community Plan designates the site as potentially susceptible to liquefaction and subsidence. The Community Plan also designates the property as an area of sensitivity for archaeological resources and as Stephents Kangaroo Rat habitat. Temecula Creek traverses the northern portion of the site, all of which is within Flood Zone A on the current FEMA map. There is an existing concrete lined channel along the southwesterly property line. The channel lies within the right of way of Jedediah Smith Road which is shown on the map, but has not been constructed. Staff Concerns Staff RECOMMENDS that the project be SET for Public Hearing for the purpose of ADDING A CONDITION OF APPROVAL that the applicant shall SUBMIT A TRAFFIC STUDY which shall be REVIEWED and APPROVED by City Engineers prior to recordation of the final map. The reason for the additional condition is that a Traffic Study has not been prepared for this project, and information is need to support a finding that an acceptable level of service can be maintained at the intersection of Pala Road and Highway 79. Some of the street improvements required in the original Conditions of Approval were originally to be part of an Assessment District. However, the Assessment District, as established, does not include funding for improvements on Pala Road, including the realignment of Pala Road and the four lane bridge across Temecula Creek. The signallzation of the intersection of Pala Road and State Route 79 will not take place until the realignment of Pala Road is constructed. The timing of these improvements cannot be established in relation to the timing of occupancy of the subject tract. A traffic analysis is needed to show that the level of service at the existing intersection of Pala Road and State Route 79, prior to improvements, will not be significantly impacted due to build out of the proposed development. CITY OF TEMECULA AGENDA REPORT AB#: zo HTG: ?/24/90 DEPT: ]iTS TITLE: ~T~.L CONTROL-DOG LICENSE AI~NESTY RECOMMENDATION: CITY ATTY ' ,~.~£ CITY HGR Approve a 60 Day Dog License Late Fee Amnesty Program BACKGROUND: Before we became a City, the County of Riverside performed Animal Control Services in the then unincorporated areas of Temecula. After we became a City, the City Council adopted the County's Ordinance pertaining to Animal Control and the County continued to provide Animal Control Services in the City of Temecula until July 1, 1990. On June 19, 1990, the City Council contracted with the County to provide Animal Control Services in the City effective July 1, 1990. Now that this evolution has been completed, our citizens do not understand what has transpired. Many of them do not understand that the City is now overseeing Animal Control Services, that Dog Licenses were always required during the evolution, and that a late fee exists. Now that we have assumed Animal Control Services, our citizens are applying for Dog Licenses under the impression that our program has just begun. When they are told that the service has never stopped and that they owe a late fee, they are upset with the system. Staff recommends that the City Council approve a 60 day dog license late fee amnesty program effective from July 1, 1990 to August 31, 1990. During this period, the late fee ($20.00 and $15.00 for senior citizens) would not be assessed. Citizens who have paid the late fee since July 1, 1990, can go to the Animal Control Office with their receipt and complete a late fee refund form. The form will be processed by the County and the citizens will be directly reimbursed the late fee by the County. This program will: Encourage owners of dogs without licenses or expired licenses to purchase or renew licenses without the fear of being charged a late fee. Fairness, in that, citizens who did not understand what has transpired in the past will not be penalized with a late fee charge. Educate all dog owners that a license and renewal are required, thus allowing them to purchase their initial license or renewal at a nominal charge (See Attachment A). To promote the program, the City will publish the enclosed ad in all local papers immediately and once during the week of August 12, 1990. The County supports this program and assisted staff in its development. FISCAL IMPACT: It is projected that the increase in new dog licenses and renewals will offset the loss in revenue from the late fee. A TTA CHMENTS: A - Sample Dog License Fee Schedule B - Proposed Newspaper Ad COUNTY OF RIVERSIDE, DEPARTMENT OF HEALTH J INSTRUCTIONS FOR OBTAINING COUNTY DOG LICENSES BY MAIL: J 1. Enclose correct fee that pertains to your dog(s). Make the check payable to the COUNTY OF RIVERSIDE. 2. Enclose a rabies vaccination certificate signed by a licensed veterinarian. State and County laws require that the rabies vaccination be valid for at least as long as the licensing period. No license will be issued or renewed if the certificate is not in o~der. EXAMINE IT CAREFULLY. Your dog may have to be revaccinated. 3. If applying for altered do8 fee, enclose moof from a licensed veterinarian that the dog has been altered. No reduced fees will be given without proof of altering. Rabies vaccination certificates, alteration certificates and license receipts will be returned to you. LOW COST RABIES VACCINATION CLINICS WILL BE SCHEDULED AT VARIOUS LOCATIONS IN THE COUNTY. NEWSPAPER FOR ANNOUNCEMENTS. FEE SCHEDULE: Altered Dog Unaltered Dog Altered Dog --Owned by Senior Citizen (60 years or older) Proof of age required. CHECK YOUR 1YEAR I2YEAR I 3YEA. I ~TEEEE $ 8.00$ ~2.00$16.00 *S 20.00 * 16.00$ 24.00$ 32.00 · $ 20.00 $ 3.00$ S.00$ 7.00 · S~S.~ All dogs (4) months or older shall be licensed. $A late fee shall be charged if the thirty (30) day requirements are not met. RIVERSIDE P.O. Box 7600 4065 County Circle Dr. Fire. :323 Riverside, Ca. 92513-7600 DOH PM 006 (Rev. 1/90) All dog licenses must be renewed within thirty (30) days after date of expiration. ANIMAL ~NTROL SERVICES INDIO 45-355 Van Buren Indio, Ca. 92201 BLYTHE 16450 W. Highway 60 Blythe, Ca. 92225 CITY OF TEMECULA DOG LICENSES * * * * ANNOUNCEMENT * * * * THE CITY OF TEMECULA HAS ASSUMED ALL RESPONSIBILITY FOR ANIMAL CONTROL SERVICES WITHIN THE CITY OF TEMECULA COMMENCING ON JULY 1, 1990. THE CITY HAS CONTRACTED THE COUNTY OF RIVERSIDE'S ANIMAL CONTROL OFFICE TO PROVIDE THE CITY'S ANIMAL CONTROL SERVICES. THE TEMECULA CITY COUNCIL HAS APPROVED A 60-DAY DOG LICENSE LATE FEE AMNESTY PROGRAM. FROM JULY I TO AUGUST 31, 1990, TEMECULA CITIZENS CAN OBTAIN A CITY OF TEMECULA DOG LICENSE WITHOUT PAYING A LATE FEE, WHICH WILL SAVE OUR CITIZENS $20.00 AND OUR SENIOR CITIZENS $15.00 FOR EACH LICENSE. THIS PROGRAM APPLIES TO NEW AND RENEWED DOG LICENSES PURCHASED DURING THE 60-DAY AMNESTY PERIOD. CITIZENS WHO HAVE ALREADY PURCHASED OR RENEWED A DOG LICENSE ON OR AFTER JULY 1, 1990 AND PAID A LATE FEE CAN GO TO THE CITY'S ANIMAL CONTROL OFFICE, LOCATED WITH THE COUNTY'S OFFICE, AT THE COUNTY ADMINISTRATIVE BUILDING, HEALTH DEPARTMENT, 41002 COUNTY CENTER DRIVE, TEMECULA, AND FILE FOR A LATE FEE REFUND. HOURS OF OPERATION ARE FROM 9:00 A.M. TO 1:00 P.M. DUE TO THIS NEW SERVICE BEING ESTABLISHED IN TEMECULA, IT IS RECOMMENDED THAT CITIZENS CALL 694-5015 BEFORE VISITING THE OFFICE TO ENSURE THE SERVICE WILL BE AVAILABLE. CITIZENS SHOULD BRING WITH THEM THEIR COPY OF THE DOG LICENSE RECEIPT. AFTER FILING, REFUNDS WILL BE MAILED DIRECTLY FROM THE COUNTY OF RIVERSIDE TO THE CITIZENS IN APPROXIMATELY 4-6 WEEKS. LICENSES AND RENEWALS CAN BE OBTAINED AT THE ABOVE ADDRESS OR MAIL IN APPLICATIONS ARE AVAILABLE AT THE TEMECULA CITY HALL, 43172 BUSINESS PARK DRIVE, TEMECULA. THE TEMECULA CITY COUNCIL BELIEVES THIS AMNESTY PROGRAM WILL: - ELIMINATE ALL DOG LICENSE CONFUSION DURING THE CITY'S EVOLUTION ENCOURAGE OWNERS OF DOGS WITHOUT LICENSES OR EXPIRED LICENSES TO PURCHASE LICENSES WITHOUT BEING CHARGED A LATE FEE - EDUCATE ALL DOG OWNERS THAT DOG LICENSES ARE REQUIRED BY THE CITY'S ANIMAL CONTROL ORDINANCE. CIT OF TEMECULA AGENDA REPORT AB#: z~ HTG: 7/24/90 DEPT,x'rS TITLE: COPIER PURCHASE CITY CITY HGR RECOI~END&T'~ON: Authorize the City Manager to purchase a Kodak 235AF copier. Adopt a Resolution amending the Fiscal Year 1990-91 budget to appropriate $47,000 for the purpose of purchasing a Kodak 235AF copier. BACKGROUND: At the June 26, 1990 City Council Meeting, the City Council directed staff to compare a lease vs. a purchase of the Kodak 235AF copier. Prior to the June 26, 1990 City Council Meeting, staff did explore all avenues for acquiring the copier to the best advantage of the City taxpayers in accordance with our City Purchasing Ordinance, which included a lease rs. purchase analysis. This lease vs. purchase analysis is part of any large purchase routine of a department head, the purchasing agent, and the City Manager. Summarized below is the analysis based on the $44,625 copier cost: Straight Lease Lease With Purchase With Option to Purchase the Purchase of Copier Copier Payments (5 years) $937.57 $926.42 N/A Total Payments/ Price $56,254.20 $55,585.20 $44,625.00 Required Buy Out (Estimated) $ 8,925.00 None N/A Total Cost $65,179.20 $55,585.20 $44,625.00 Difference From Purchase $20,554.20 0,960.20 --0-- One of the main reasons buyers support a lease over the purchase of a copier is to have the ability to replace the equipment at any time during the lease to take advantage of changing technologies. The purchase recommended by staff also has this feature. At any time, the City can replace the purchased equipment for a newer model. The trade-in value is calculated in the exact manner as if the machine was leased, i.e., age, condition, number of copies, and resale market value. Also, during the first seven years of the service contract, if a problem with the machine cannot be fixed by the manufacturer, that machine will be replaced. This feature is also common in a lease; however, it is also included in our purchase. The only benefit of a lease over a purchase is to conserve funds for other cash outlays. Staff waited until the end of the Fiscal Year to ensure that available monies were not needed for other priorities. In other words, - We can pay $44,625 in one lump sum and have full ownership of the equipment with the same features of a lease or a lease with an option to buy. - Pay $926.42 every month for five years and end up paying $55,585.20 for the same copier, which is $10,960.20 more than the purchase, and own the copier at the end of five years. - Pay $937.57 every month for five years and end up paying $56,254.20 for the same copier, which is $11,629.20 more than the purchase, and not own the copier at the end of five years. If ownership is desired, it will cost approximately $8,925.00 more to pay the estimated (20% of purchase price) fair market value (calculated like trade-in value mentioned above) of the copier, which is $20,554.20 more than the purchase. Yes, future monies will be used to make the lease payments that will have less purchasing power for the agreed upon today's price; however, the additional costs for the same machine and the administration that will be performed by staff to process 60 lease payments over the next five years will far outweigh these future dollar savings and the $10,960.20 or $20,554.20 increases. The purchase is the desired economical alternative. The County of Riverside has a contract with Kodak that reduced the list price of the copier from $73,500 to $44,625. After July 1, 1990 however, the price for the machine increased to $46,856. An equipment maintenance agreement is required at a cost of $465.00 per month and $0.0052 per copy. The copier price includes delivery, installation, training, parts, labor, image loop and drum changes, a 90 day warranty free service period, and a seven year service availability with service exchange policy. FISCAL IMPACT: Monies are not available in the Fiscal Year 1990-91's budget for Nondepartmental, Capital Outlay, Office Equipment, for this specific item. Monies were available in the Fiscal Year 1989-90 budget for this item but were not encumbered prior to the end of the Fiscal Year. Therefore, the attached resolution is submitted for adoption by the City Council allocating funds from Reserve for Contingency. ATTACHMENT: Resolution No. : A Resolution of the City Council of the City of Temecula amending the Fiscal Year 1990-91 budget to appropriate $47,000 for the purpose of purchasing a Kodak 235AF copier. Volume Projections/Product Comparision RESOLUTION NO. ~0- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 1990-91 BUDGET TO APPROPRIATE $47,000 FOR THE PURPOSE OF PURCHASING A KODAK 235AF COPIER follows: The City Council of the City of Temecula does resolve, determine and order as Section 1. That the FY 1990-91 Annual Budget of the City of Temecula is hereby amended to appropriate $47,000 for Office Equipment (copier 199-5602) from reserve for Contingency (001-905). Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 24th day of July, 1990. ATTEST: Ronald J. Parks, Mayor June S. Greek, Deputy City Clerk [SF_ALI 2/RESOS/84 I 07113190 COPIER VOLUME PROJECTIONS PER MONTH A CTIVITY/DEPARTMENT PROJECTIONS CITY COUNCIL AGENDAS PLANNING COMMISSION AGENDAS PUBLIC SAFETY COMMISSION AGENDAS TRAFFIC COMMISSION AGENDAS PARKS AND RECREATION COMMISSION AGENDAS CITY MANAGER'S OFFICE CITY CLERK'S OFFICE FINANCE DEPARTMENT INFORMATION SYSTEMS DEPARTMENT PLANNING DEPARTMENT ENGINEERING DEPARTMENT BUILDING AND SAFETY DEPARTMENT PUBLIC SAFETY DEPARTMENT PARKS AND RECREATION DEPARTMENT 35,000 35,000 10,000 10,000 1 O, 000 12,000 20,000 10,000 8,000 25,000 15,000 10,000 3,000 10,000 GRAND TOTAL PER MONTH 213,000 PRODLICT COMPARISON Speed .Copy Controll~' Au~b~l~plexi.n~ Pre*~ed Job Sebcfions ~elear~8 Areas copies per n~tnut~ ~mdazd _O~o~ ~and~d Stm~dard Standard Optional Tota~ ot 9 different ~otrol .p..a.~? set-ups u~ ~tar l'rograms" Short and strai~ht Total of six Top access w/~ no oP~r.ator bep~n$- maxxurn four to five ~h~e~s cleared by operator 1,00o sheets :Not Available $taadard Not Avallatle To~J of 9 mfferent t~ uUllze U-up d severt Megs, 12 ~tto~, front acc~s .may_require operator begdiNi m remove jammed sheets, zone ]am clearance will "run out" additional "unusable" ahem. Job 1.5oo sheets $46,856.00 $56,000.00 PR O DII CT COMPARISON AuiommHc Cov~ ~put Size Be,4ucUim/~emenl Top Tray Capacity I~ODAK E!CI'APRINT Yms · automatically inserts letterhead or cover tO front, back, or Imth sides of & set Yns - automatic with no need to insert blard~ to document set, unlimited number of inserts accepted Yes - pla~ or printed Yes - provid~ totally &utomatic switching of paper. supplies on l~ng run Jobs.~.ovides for virtually endless run 8 x 10 inches to 8 1/2 x 14 inches 60 sheets (120 ~nages Four f'~ed s~ttings of 100, 98, W, ~nd ~% plus zoom in 3% ina, em~t~ to6~% Yes. ptloip'am P67 allows up to!,~_ _~'L-ts_, operator NO Yes - pt?ides totally automatic switching of paper. sujrplies on 15ng run j~... P/ovides for ritually andless ru~ 8 x 10 inches to 81/2 x 14 inches (100 imam) Microcomputer co~tn~ed PRODUCT COMPARISON ~ODAK I;KTAPR/NF ;Job Internapt Roclrcu!l~S l~eeder Feeder C~acit,/ Auto*Feed Mode Feeder Thnm~put welshus Cmfinudus Forms Feede~ Availability Finisher Capadty selfchins Positions $tltddn~ listds 11 x 17 inches Yes Yes - sttnd~d 100 sheets o~ until filled to line ~ndi~utm' 8 x I0 Lnches to 81/2 x 14 in.es lb. to 32 lb. bond Yes - optional accessory feeds unburst continuous forms at ~tLO machirte speed (5,1oo per 25 sheets, offsit staclcin~o~sets, . SO0 ~ exit capamy 6 2 Yes - second stde of copy. only. to 8/10 Inch 1I x 17 Inches Yes Yes - mr~ard 100 sheets maximum i.,i, oc~9s_~r, 75 sheets, i~nnu~led capaci~ 8 x 10 inches to B 1/2 x 14 ~ches 16 lb, bond to 100 lb. index Yes - standard accessory ~ unburst c~ttinuous gon~ at half machine speed (,%7~ per hour) 500 slu~t edt capamy Not Available Not Availabl~ Not AvaLlabld CITY OF TEMECULA AGENDA REPORT .. AB#: ~2. TITLE: CHANGE OF ZONE 5563 DEPT HD MTG: ?.24-q. CONDITIONAL USE PEMIT 30~2 CITY ATtY DEPT:'*'P~.-,~. CITY MGR RECOf,~ENDATION Staff recommends that the City Council ADOPT the NEGATIVE DECLARATION FOR COUNTY ENVIRONMENTAL ASSESSMENT NO. 3t1180 based on the findings incorporated in the Initial Study, and the conclusion that the project will not have a significant effect on the environment; _and DENIAL of CHANGE OF ZONE NO. 5563 from R-R to C-11CP in accordance with the findings contained in the attached staff report: but APPROVAL of CHANGE OF ZONE NO. 5563 from R-R to C-P-S in accordance with the findings contained in the attached Staff Report; as follows: Read by title only, waive further reading and introduce an ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION CONTAINED IN DEVELOPMENT PERMIT NO. 5563, CHANGING THE ZONE FROM R-R (RURAL RESIDENTIAL) TO CPS (SCENIC HIGHWAY COMMERCIAL) ON PROPERTY LOCATED ON THE NORTHWEST CORNER OF MARGARITA ROAD AND STATE HIGHWAY 79. APPROVAL of CONDITIONAL USE PERMIT NO. 30q2 based on the attached findings and subject to the attached conditions of approval. Project Infornmtion Owner: Applicant: Proposal: Location: Surrounding Zoning: Surrounding Land Uses: Arco Products Company Philip Graham Combs Architects, Inc. Change of Zone from R-R to C-1/CP on 5.6 acres, and a Conditional Use Permit for a Gas Station/Mini-Market. Northwest corner of Margarita Road and Highway 79. North: R-R South: C-P-S East: Specific Plan West: R- R North: South: Single Family Residential Vacant Environmental Concerns: East: Vacant West: Vacant Negative Declaration 3q180 Backqround Change of Zone No. 5563 and Conditional Use Permit No. 30tt2 are concurrent applications to change the zone on three {3) lots totaling 5.6 acres, from R-R I Rural Residential ) to C-1/CP ( General Commercial ). The Conditional Use Permit is a proposal to construct a 2,768 square foot Mini-Market/Gas Station on the easternmost parcel of 1.56 acres. The project was approved by the Riverside County Planning Commission on May 22, 1990. The County file was transmitted to the City of Temecula Planning Department on May 31, 1990. Project Location The project is located at the northwest intersection of Margarita Road and State Highway 79. The subject site is directly west of The Meadows Specific Plan, northwest of the Vail Ranch Specific Plan, and a few hundred feet north of the Red Hawk Specific Plan. Between Red Hawk and the subject site exists a large commercially zoned area. The proposed site currently consists of flat grassland areas, with three single family homes developed directly to the north. The area is Stephen's Kangaroo Rat habitat area. A biological survey was completed which identified no Stephen's Kangaroo Rats on the site, so mitigation will be the payment of Ordinance 663 fees. CONDITIONAL USE PERMIT NO. 30q2 Architecture The Conditional Use Permit is proposed for the easternmost parcel of the three parcels proposed for the Zone Change. The proposed building consists of off- white stucco and a red clay tile roof. The proposed canopy is also covered by a red mission tile roof. No trim color is proposed, however the window frames are shown as bronze anodized aluminum. No slgnage shown on site shall be approved or denied by this application. All signage shall be by separate permit. The proposed illuminated front fascia panel { Canopy Elevation) will not be permitted Lsndscapinq The proposed landscaping consists of a 25 foot wide planter along Margarita Road, a 20 foot wide planter along Highway 79, a seven ~7) foot wide planter along the western property line, and a 25 foot wide planter to the rear of the property. No planting is shown adjacent to the structure, the project will be conditioned to provide a five ~ 5) foot wide planter for foundation planting at the north, east, and south building elevations. 2 Circ dation Circulation is provided by two {2) curb cuts. One is located approximately t150 feet from the intersection of Margarita and Highway 79, off of the 79. The other entrance Is taken from Dartolo Road which was dedicated and extends across the rear of the property. Under Ordinance 3t18 the proposed project requires 18 parking stalls. On the site plan only lq exist, however enough room exists to the north of the stall numbered "1¥', to include the additional spaces. The project is conditioned to do so. Ordinance Consistency If the concurrent zone change is approved per staff recommendation ~ C-P-S), the project will be consistent with Ordinance 3~8. This use is permitted in the C-P-S zone provided a Conditional Use Permit is approved. Approval of the Conditional Use Permit will be contingent upon the approval of Zone Change 5563. S.W.A.P. Consistency The Southwest Area Plan designates this site as commercial. Under the commercial designation, the proposed project would be consistent with the S.W.A.P. if the proposed zone change is approved. CHANGE OF ZONE 5563 Location The three (3) parcels proposed for the zone include the one directly at the corner of Margarita and Highway 79, and the two parcels directly west. The three ~3) parcels total 5.6 acres. Prm3osal The proposal is to change the existing zoning from R-R { Rural Residential ) to C1- CP (General commerclal). It is Staff~s opinion that because State Highway 79 is a potential scenic highway corridor, a proposed zoning designation of C-P-S (Scenic Highway Commercial) would be more appropriate. Currently, there are several large residential developments which are in different phases of construction. There is no commercial development in the area. The proposed project would facilitate some of the needs generated by the influx of the approved adjacent residential development. There does exist a large district of C-P-S zoning directly south of the proposed project. Since this zoning exists to the south, approval of this project would not create spot zoning. S.W.A.P. Consistency The proposed zone change is consistent with the S.W.A.P. Under the S.W.A.P., the project site is designated commercial. The area south is designated commercial, east is residential, and north and west are office commercial. Environmental Analysis The Initial study for Environmental Assessment No. 3~180 indicated the following concerns: liquefaction potential, dam inundation, floodplain, highway noise, wildlife habitat, scenic highway, an circulation. The liquefaction potential was addressed through County Geologic Report No. 6~8. Specific Recommendations are found in the County Engineering Geologist's letter dated November 1~, 1989. Dam inundation and floodplain concerns are addressed by the Riverside County Flood Control District's letter dated February 5, 1990. Noise from Highway 79 was found to be in the 55 to 65 dBA range which is considered acceptable for a noise producing use. Perimeter landscape and berm buffering is visual mitigation will also serve to lessen the noise impacts. Since the site is within the historical habitat range of the Stephen's Kangaroo Rat, a federally listed endangered species, a biological survey (PC-B ~59) was conducted to determine if any of the species were present. None were detected, therefore no mitigation was required except payment of Ordinance No. 663 Fees. Highway 79 is an Eligible County Scenic Highway and as such measures were taken to ensure minimal visual impact from the project. Circulation concerns have been addressed by the Caltrans in their letter dated February lZl, 1990 and included in the Conditions of Approval. FINDINOS Conditional Use Permit No. 30a2 1. The proposed use conforms to the objectives of the City's General Plan. The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is to be located. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area, and that adequate parking is provided. The granting of the Conditional Use Permit under the conditions imposed will not be detrimental to the peace, health and safety and general welfare of the citizens of the City of Temecula. Chamae of Zone 5563 1. The proposed C-1/CP zone designation is not appropriate because of the projects proximity to an eligible scenic highway. The C-P-S zoning proposed by Staff is appropriate because of the projects e proximity to an eligible scenic highway. The proposed use conforms to the objectives of the City's General Plan. The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is to be located. The granting of the Change of Zone under the conditions imposed will not be detrimental to the peace, health and safety and general welfare of the citizens of the City of Temecula. RECOI~ENDATION Staff recommends that the City Council ADOPT the NEGATIVE DECLARAT ION OF COUNTY DECLARATION FOR COUNTY ENVIRONMENTAL ASSESSMENT NO. 3q180 based on the findings incorporated in the Initial Study, and the conclusion that the project will not have a significant effect on the environment; and DENIAL of CHANGE OF ZONE NO. 5563 from R-R to C-1/CP in accordance with the findings contained in the attached staff report; but APPROVAL of CHANGE OF ZONE NO. 5563 from R-R to C-P-S in accordance with the findings contained in the attached Staff Report; as follows: Read by title only, waive further reading and introduce an ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION CONTAINED IN DEVELOPMENT PERMIT NO. 5563, CHANGING THE ZONE FROM R-R {RURAL RESIDENTIAL) TO CPS {SCENIC HIGHWAY COMMERCIAL) ON PROPERTY LOCATED ON THE NORTHWEST CORNER OF MARGARITA ROAD AND STATE HIGHWAY 79. APPROVAL of CONDITIONAL USE PERMIT NO. 30q2 based on the attached findings and subject to the attached conditions of approval. CITY OF TEMECULA PLANNING DEPARTMENT CONDITIONS OF APPROVAL FOR C.U.P. 30q.2 1. Any signs proposed for C.U.P. 3042 shall be by separate permit. Final landscape plans shall be reviewed and approved by the Planning Director or his designee prior to issuance of any Building Permits. Final Landscape Plan shall reflect five {5) foot wide planters adjacent to north, east, and south sides of store structure. 5 There shall be no on site sale of single containers of any beer product. Between the hours of 11:00 p.m. and 6:00 a.m. on any day, there shall be a minimum of two employees on site. Proposed illuminated fascia panels on canopy elevation facing Highway 79 shall be eliminated from plans prior to issuance of any Building Permits. ENGINEERING DEPARTMENT If a fair and equitable share of the developer's cost of transportation improvements has not been determined at the time a Certificate of Occupancy is needed, the developer shall be required to deposit $10,000 into a City established Road Benefit Fund. The developer is also required to sign an agreement with the City to either pay an amount or receive a refund equal to the difference between his estimated fair share and the amount of deposit with the City. Corner property line radius will be required per City Standards and drawings. The developer shall record an easement for ingress and egress over the adjacent property. Surety shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney, guaranteeing completion of the public improvements. The developer shall provide clearance from all applicable agencies and pay all fees prior to the approval of plans. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards. A permit shall be required from CalTrans for any work within the following right-of-way: Highway 79. The developer shall submit four (q) copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. e The developer shall submit four (4) prints of a comprehensive grading plan to the Engineering Department. The plan shall comply with the Uniform Building Code, Chapter 70, as amended by Ordinance 45, the Interim Development Guidelines and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24'~ x 36~ mylar by a Registered Civil Engineer. 10. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 6 11. 12. 13. The final grading plans shall be completed and approved prior to issuance of building permits. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right- of-way. No grading shall take place prior to the improvement plans being substantially complete, appropriate clearance letters and approval by the City Engineer. If grading is to take place between the months of October and April, erosion control plans will be required. Erosion control plans and notes shall be submitted and approved by the Engineering Department. 15. The developer shall comply with the requirements of the City Engineer based on the recommendations of the Riverside County Flood Control District. 16. 17. The project {or portions thereof) is located within a Flood Hazard Zone "B". therefore, flood protection measures shall be provided as certified by a Registered Civil Engineer and approved by the City Engineer, The developer shall accept and properly dispose of all off-site drainage flowing onto or through the site. 18. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 19. All work done within the City right-of-way shall have an encroachment permit. 20. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans. All driveways shall be 8 inches thick. 21. Prior to issuance of a building permit, the developer shall deposit with the Engineering Department a cash sum as established per acre as mitigation for traffic signal impact. 22. A signing and striping plan shall be designed by a registered traffic engineer, and approved by the City Traffic Engineer and the City Engineer, for all streets 66/~ or wider and shall be included in the street improvement plans. 23. Plans for a traffic signal shall be designed by a registered traffic and civil engineer, and approved by the City Traffic Engineer, CalTrans traffic Engineer, and the City Engineer, for the following intersections and shall 25. 26. 27. 28. be included in the street improvement plans with the second plan check submittal: SR79S/Margarita Road, Plans for traffic signal interconnect shall be designed, and approved by the City Traffic Engineer and the City Engineer, and shown on the street improvement plans in the following location{s): Along SR79 South. Prior to designing any of the above plans, contact Transportation Engineering for the design criteria. A construction area traffic control plan shall be designed by a registered traffic engineer and approved by the City Traffic Engineer and the City Engineer for any street closure and detour or other disruption to traffic circulation, as required by the City Traffic Engineer or the City Engineer. All signing and striping shall be installed per the City standards and the approved signing and striping plan. No left turns in or out of the site will be permitted except where as shown or allowed by the CalTrans and/or City Traffic Engineer. 8 Notice of Public Hearint, THE CITY OF TEMECULA 43172 Business Park Drive Temecula, California 92390 A PUBLIC HEARING has been scheduled before the COMMUNITY SERVICES DISTRICT BOARD to consider the matter(s) described below. Case No: Applicant: Location; Proposal: Change of Zone No. 5563, CUP No. 3042 Arco Products Company Northwest comer of Highway 79 and Margarita Road A change of zone from R-R to C.P.S., and a Conditional Use Permit to allow a gas station/mini-mart facility. Environmental Action: Negative Declaration for Environmental Assessment No. 34180. Any person may submit written comments to the City council before the hearing(s) or may appear and be heard in support of or opposition to the approval of the project(s) at the time of heating. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public heating(s) described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing(s). The proposed project application(s) may be viewed at the public information counter, Temecula City Hall, 43172 Business Park Drive, Monday through Friday form 9:00 AM until 4:00 PM. Questions concerning the project(s) may be addressed to Mark Rhoades, City of Temecula Planning Department (714) 694-1989 PLACE OF HEARING DATE OF HEARING TIME OF HEARING: Temecula Community Center 28816 Pujol Street Temecula Tuesday, July 24, 1990 7:00 PM ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION CONTAINED IN DEVELOPMENT PERMIT NO. 5563, CHANGING THE ZONE FROM R-R IRURAL RESIDENTIAL) TO CPS ISCENIC HIGHWAY COMMERCIAL) ON PROPERTY LOCATED ON THE NORTHWEST CORNER OF MARGARITA ROAD AND STATE HIGHWAY 79. The City Council of the City of Temecula. State of California, does ordain as follows: SECTION 1. Public hearings have been held befoe the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law of the State of California, and the City Code of the City of Temecula. The applicable land use district as shown on the attached exhibit is hereby approved and ratified as part of the Official Land Use map for the City of Temecula as adopted by the City and as may be amended hereafter from time to time by the City Concil of the City of Temecula, and the City of Temecula Official Zoning Map is amended by placing in affect the zone or zones as described in Change of Zone No. 5563 and in the above title, and as shown on zoning map attached hereto and incorporated herein. SECTION 2. Notice of Adoption. Within 15 days after the adoption hereof, the City Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be posted in at least three public places in the City. SECTION 3. Taking Effect. This ordinance shall take effect 30 days after the date of its adoption. STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA I, June Greek, Deputy City Clerk of the City of Temecula, California, hereby certify that the foregoing ordinance was duly and regularly introduced at a meeting o the City Council on the ~ day of , 1989, and that thereafter the said ordinance was duly and regularly adopted at a meeting of the City Council on the ~ day of , 1989, by the following vote: AY ES: NOES: ABSENT: ABSTA I N: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Temecula, California, this ~ day of , 1989. City Clerk (seal) Adopted by the City Council and signed by the Mayor and attested by the City Clerk this day of , 19 . Mayor Mayor ATTEST: City Clerk Approved as to Form Approved as to Content City Attorney City Manager 8UBMITI'AL TO THE CITY COUNCIL CITY OF TEMECULA COUNTY OF RIVER81DE, 81'ATE OF CALIFORNIA FROM: THE PLANNING DEPARTHENT SUBMITTAL DATE: SUBJECT: CHANGE OF ZONE NO. 5563 and CONDITIONAL USE PEP, HIT NO. 3042 RECOMMENDED MOTION: ADOPTZON of a Negattve Declaration for Environmental Assessment No. 34~80 based on the ftnd~ngs Incorporated tn the ]ntttal Study,' and the conclusion that the project will not have a s~gntftcant effect on the environment; and DENZAL of CHANGE OF ZONE NO. 5563 from R-R to C-1/C-P 1n accordance with Exhibit.2; but APPROVAL of CHANGE OF ZONE NO. 5563 from R-R to C-P-S tn accordance wtth £xhibtt 4 based on the findtrigs and conclusions incorporated tn the Planntng Comm.~sston mtnutes dated May 2, 1990; and APPROVAL of CONDZT]ONAL USE PERHIT NO. 3042, AHENDED NO. 3 CORRECTZON NO. 1, subject to the attached conditions of approval, based on the findings and conclusions Incorporated tn the .Planning Commission mtnutes dated Hay 2, 1990. PROJECT LOCATION: Joseph A. Richards, Planntng Director North of Highway 79, west of Margarita Road BACKGROUND: Change of zone covers. 5.6 acres. Conditional use permtt covers 1.56 acres. Major tssues: driveway access from Highway 79 and v~sual tmpact on Eltgtble Scenic Highway. LO:lgg 5/18/90 RIYERSIDE COUNTY PLANNING ~l~4I$SiON #INUTES #AY 2, 1990 endart; ts compatible vtth extsttng end proposed area developmnt; end, tl~ roncerns can be mitigated to a level of Insignificance. HOTXON: Upon rotton by ~,,I, ls-_4,~,)~r Smt.th, seconded by Commissioner Turner, and un&ntmously carrted, the Commtss~u,, _andted the Negattve Declaration for EA 34168 and approved Tentative Tract ~p No. Z4(o4, .'~-nded No. 1, Planntng Correction No. Z, subject to the conditions ot'.epprova~, ~s~-~ on the above 11steal ¢tndtn~s end conclusions, vtth the direction that the roa¢ I11h' of way ImJ the canal tssue ~tll be resolved. (AGENDA iTEM 9-8 - Tape 4B) ~ANGE OF ZONE 5563 - EA 34180 - Arco Products, inc. - Rancho California Area - Ftrst Suporvtsortal Dtstrtct- S.60t acres, north of Hwy 79, v~st of #argartta Rd - R-R to C-I/C-P, etc. ~dth CONDXTZONAL USE PER~IT 3042 - 1.$6~ ecres (tn Ctty of Temecula) -PROOECT: Gas Station/Hint-Mart Heartng was opened at 3:40 p.m. and ms closed at 3:48 p.m. STAFF RECOI~!ENDATION: Adoptton of the Negattve Declaration for EA 34180, dental of Change of Zone 5563 from R-R to C-1/C-P but approval to C-P-$ and epproval of Conditional Use Permtt No. 3042, Amended No. 3, Correction No. ! besed on the ftndtn~s and conclusions 11sted In the staff report. The &ppltcant proposes to change the zone on 5.6 acres from R-R to C-1/C-P and to establish a gas station/mint-mart factltty located north of Htghmy 79 and ~est of 14argartta Road. The surrounding zontng ts R-R, $P and C-P-S. The stte ts currently flat end vacant property. Surrounding land uses are stngle famtly homes and vacant property. The stte ts designated Cmtnerctal on the Southwest Area Cmmuntty Plan and, therefore, the proposed cmlnerctal vould be conststen~ Mth that plan and Ordinance 348. Due to the stte's proximity to an e1191ble scentc htgh~ay, staff requtred bemtng and landscaped buffering along both street frontages. Also, the freestanding stgn ~ould be restricted to one 42-foot stgn. Stiff recommended C-P-S zontng ~htch ~ould be mDre compatible Mth the scentc htghmy destination. Zn &ns~er to Cm~tsstoner Turner, staff edvtsed that there are only t~o parcels Ind the chlnge of zone covered both of them, ,hlle the CUP covered the eastern parcel. TESTXlOiY OF PROPONENT: Lou Boemta (Z9914 Carte CruzJda, #entfee)o representing the applicant, satd thlt they concurred vlth the staff's report end the conditions of &pprova~. He s~td that he,inted to clartfy I fe~ patnts, beginning ,tth ttem Z7 tn the Trlnsportatton Department's letter dlted Z-14-90. The Caltr&ns letter 1s dated tn that 1tern is being 10/Z3/89, but the _Clltrans letter tn the package ts dated B/Z3/90. #r. Oohnson edvJsed that that 1tern multi be corrected. #r. Dee, ta l~td that 1tern ZZ tn the seine letter referred to Lot Ltne Adjustment 3087, but tl~t &pp11catton his been vlthdr&vm because of thetr stte pl&n revision, and esked that that reference to LLA 3087 be deleted. Hr. Johnson concurred vtth tl~t request. 13 RIYERSZDE COUNTY PLANNZNG COl~I$SiON #~NUTES HAY 2, 1990 #r. Boaeta satd that team 11 on page 1 of the staff report referred to a letter In opposition to the project; however, that person has stnce sold hts property and has formally Mthdrawn his protest. He submitted a copy of that withdrawal of protest. There v~s no one else vho wished to speak on this matter. 14r. KitHart said that the letter of Mthdr&wal of protest ms a statement to the ABC regerdtn~ the issuance of a 1tcense. Commissioner Turmer satd that thts ttom ts tn the Ctty of T~mecula and will be ~tng to the Ctty Counctl. He added that he dtd have some concerns about an A~/PH ~otng in on a future major thoroughfare.. FINDINGS AND ~NCLUSIOHS: Change of Zone 5563 and Conditional Use Perate 3042 are concurrent applications to change the zone on 5.6 acres from R-R to C-1/C-P and construct a mint-market/gas statton; the stte ts located on the northwest cor~er of I~rgartta Road and Htghway 79, tn the Ctty of Temecula; the stte ts vacant; surrounding uses tnclude vacant land and stngle f&mtly residential; the stte ts zoned R-R; surrounding zontng tncludes R-R, SP and C-P-S; the stte ts designated Commercial on the Southwest Area Community Plan (StrAP); S~/AP cmmerctal poltctes requtre well organized commercial development with adequate circulation; proposed c~mmerctal uses ~ust be compatible with area development; there are no extsttng gas stations/convenience storage in the area, and there are mny extsttng and approved stngle famtly developments; there ts a need for this type of commercial use tn the area; the stte vtll be buffered from surrounding uses through the use of setbacks and perimeter landscaping; staff ts recon~endtng C-P-S zontng due to the stte's proxtmt~ to an E11gtble County Scentc Highway; environmental concerns tncluded liquefaction potential, dam Inundation, floodplain, htghvay notse, wi1dltfe hahteat, scentc htghway, and Circulation; envtroreental concerns ~ere addressed through studtes, project destgn and/or conditions of approval*by both lead and responsible agencies; there is reasonable probability that the project WIll be consistent with the general plan proposal betrig considered, or whtch wt11 be studied within a reasonable time; there ts 1tttle or no probability of substantial detriment to or interference with the future adopted general plan if the project is ultimately inconsistent with the plan; and, the project complies with all other applicable requirements of state law and local ordinances. The proposed project ts consistent with the Southwest Area Camunity Plan and the Comprehensive 6enerel Plan~ the proposed project is compatible with area develolment as designed and condlttoned~ and, envtromental concerns can be mitigated to a level of t~stgntftcance. ROTION: Upon rotton by Caratsstoner Turner, seconded by Coatsstoner Smtth, and unantmusly cartted, the Commission racomended to the ¢tty Counct1 of Tmecula ~Joptton of the NegetJve Declaration for EA 34180, dental of Change of Zone SS63 from R-R to C-l/C-P, but approval of Change of Zone SS63 from R-R to C-P-S, tn accordance with ExhtbJt 4, and approv&l of CondJtlonal Use Permit No. 3042, ~onded No. 1, Correction No. 1, subject to the conditions of approval as irondad this dlta (Transportation Deportache letter) and blsed on the above 1Jsted findings and conclusions. ROLL rJ~LL ~TE RESULTED AS FOLLOkE: AYES: Caratsstoners Turner, btth, Don&hoe, ¥olf and Beadling 14 R/VERSIDE COUNTY PLANNING CI:)~ISSION NINUTES MAY 2, 1990 gOES: gone ABSEgT: gone ITDIg-9 - Tapes 4B, SA) OF ZONE CASE S605 - EA 34327 - Avon Garden, Ltd. - Glen Avon Dtstrtct - Dtstrtct- 6t acres, north of Htss~on Blvd, vest of Padlay to R-3, etc. ~th PLOT PLAN NO. 11501 - PROOECT: Apartment TRACT MAP 25540-R - ¥tlltam Burk - PROOECT: Reversion Heartrig was June 20, at 3:50 p.m. and ~as continued to 9:00 a.m. on STAFF Adoptton of the Negattve Declaration for EA 34327, approval of Chart. f Zone 5505, approval of Tentative Tract No. 25540-R, Amended No. 1, and zroval of Plot Plan No. 11501, ~ended No. 2 based on the ftndtngs and conclus~ 11seed tn the staff report. The applicant proposes to change the zone of 6 s from R-3-4000 to R-3 on property located north of #tsston Boulevard and of Padlay Road. Surrounding zontng ts R-D, C-l/C-P, A-I, R-3, C-P-S, #-SC and [. The proposed tract mp ts for a reversion of acreage of g lots, and the C plan proposes an aparment complex consisting of 114 unlts. The stte ts except for a residence on the northerly boundary. There are cammarc1 ses along Htsston Boulevard and residential surrounding the stte. The Juru Plan designates the stte as Category I (8-14 DU/acre and the proposal ts consistent wtth that category. Staff advtsed ;hat the co date of the Health Oepartment letter was 4/13/90 under "Agency :s." TESTU40NY OF PROPONENT: Btll Burk (10051Sunrtse Lane, Santa Ane) :1oned Condition 24 (of the plot lan), and satd that they had talked to rlter about thts condition. heysauld prefer e wrought 1ran fence along ~a rather than a ~ood fence, both for better mtntenance and to tnsure ~tow tn the event there are &ny problans. Commissioner Smith satd that that wtll eventually be a pipeline. Mr. Burk satd that ¥est Riverside Canal dtd request that the canal be undergrounded, and they discussed that th County Counsel. Counsel told than that they dtd not belteve that the needed to. bo undergrounded. Ne satd that they are not dratntng tnto the canal and to underground the canal would ktll a large row of trees that he vould prefer to see saved. They agreed to tmprove the cane1 necessary, as tttmuld eequtre sane cleaning. Conmtsstoner Smtth satd that there ts .a safety factor with regard the canal. A1Bost everywhere uhere there are canals, pipelines have been put \ Mr. Burk Said that e portton of the canal ts tn the uobtlehmne park, and *,hey d not have control over that property. Staff advtsed that. the mobilehem pl s located to the north of the sIJb3ect $tte. Mr. Burk $atd that uhen they the survey, they found that the proper~ corners uere tn the center of the 15 Zontng Area: Rancho California Supervtsortal District: Ftrst E.A. Number: 34180 Regtona1 Team No. ! CHANGE OF ZONE NO. 5563 CONDITIONALUSEPERMITNO. 3042 Planntng Commission: 5-02-90 Agenda !tem No.: 9-8 RIVERSII~ COUNTY MAlllING OL:P/tRINENT $TH:F RE:PQRT 4, 5. 6. 7. 8. 9. I0. I1. 12. Applicant: Engineer/Representative: Type of Request: Location: Existing Zoning: Surrounding Zontng: Site Characteristics: Area Characteristics: Comprehensive General Oesignation: P1 an Agency Recommendations: Letters: Sphere of ]nfluence: Arco Products Company Pht111p Graham Combs Architects, Inc. Change of zone from R-R to C-I/C-P on 5.6 acres, construct mint-market/gas station North of Htghway 79, west of Hargartta Road R-R R-R, S-P, C-P-S Flat, vacant, disturbed non-native vegetation Vacant, stngle famtly homes Land Use: Commercial-Southwest Community Plan Areas Not Designated ~7 5563 CUP 304~ 3-01-90 2-14-90 8-25-89 2-01-90 No comment 2-05-90 No comment 1-24-90 Open Space/Cons: Open Space 9-28-90 2-21-90 1]-14-89 8-23-89 Road:' Health: Flood: Fire: Butldtng& Safety Land Use: Grading: County Eng. Geologist: Caltf. Oept. of Trans. Area as Opposing/Supporting: ! letter tn opposition recetved !n the Ctty of Temecula Change of Zone 5563 and Conditional Use Permtt 3042 are concurrent applications to change the zone on 5.6 acres from R-R, Rural Residential, to C-I/C-P, General Commercial, and to construct a 2,768 square foot mint-market/gas station. The zone change application covers all three of the parcels tn questton whtle the mtni-mrket ts proposed for only one of the three. The site is located on the northwest corner of Margarita Road and Htghway 79 in the Rancho California area. ~ t ~e/Tnnlng The subject site is vacant. Surrounding land uses tnclude vacant land to the south, east, and west, and single famtly residential to the north. The site 1s currently zoned R-R. Surrounding zoning tncludes R-R, S-P, and C-P-S. CHANM OF ZONE NO. 5563 (:(~I)iTIOi~L USE FEI~!T NO. 3041 The subject stte ts designated Commercial on the Southwest Area Community Plan (SWAP). SWAP comnerctal policies allow a variety of uses, generally those penaltied tn the C-]/C-P and C-P-S zoning provided these uses are developed In a well-organized manner and are compatible wtth area development. There are three spectftc plans and many approved Individual subdivisions in this area that are beginning construction. Currently, there are no gas station/convenience stores anywhere in the vicinity. Commercial sites wtthin specific plans (The 14eadows, Red Ha~k, Vat1 Ranch) usually do not develop until residential construction is well advanced. As such, there 1s clearly a need from both extsttng and approved residential uses for a commercial project of this type. There ts some potential for confltct wtth extsttng residential properties to the north, however, there are three parcels designated office commercial between the subject stte and those residences and the stte ttself ts well- buffered with landscaping. The applicant requested C-I/C-P, General Commercial, zontng but due to the stte's locatton next to an Eltgtble County Scenic Highway (Htghway 79) staff is recommending C-P-S, Scentc Highway Commercial. The C-P-S zone does not allow billboards or some of the more intense commercial uses and ts more appropriate for. this stte. The tntttal study for Environmental Assessment No. 34180 Indicated the following concerns: liquefaction potential, dam Inundation, floodplain, highway noise, wtldltfe habitat, scentc htghway, and circulation. The liquefaction potential was addressed through County Geologic Report #648. Specific recommendations are found in the County Engineering Geologist's letter dated November 14, 1989. Dam inundation and floodplain concerns are addressed by the Riverside County Flood Control Dtstrtct's letter dated February 5, 1990. Noise from Highway 79 was found to be in the 55 to 65 dBA range which is considered acceptable for a noise producing use. Perimeter landscape and berm buffering as visual mitigation will also serve to lessen the noise Impacts. Since the site is within the historical habitat range of the Stephens' Kangaroo Rat, a federally listed endangered species, a biological survey (PD-B 459) was done to detemine if any of the species were present. None were detected therefore no mitigation was required except payment of Ordinance No. 663 fees. Htghway 79 ts an Eltgtble County Scentc Htghway and as such measures were taken to ensure mtntmal vtsual tmpact from the project. Stgnage was restricted to a 7 foot monument stgn, and 10 to 20 feet of dense landscaping w111 be provtded along Htghway 7g and #argartta Roads. Circulation concerns have been addressed by the Transportation Department tn thetr letter dated February ]4,1990 and tncluded tn the conditions of approval. ~t~ff I~l~rt Change of Zone No. 5563 and Conditional Use Permtt No. 3042 are concurrent applications to change the zone on 5.6 acres from R-R to C-]/C-P and construct a mint-market/gas starton. The site is located on the northwest corner of Margarita Road and Highway 79, in the City of Temecula. The site is vacant. Surrounding uses include vacant land and single family residential. e The site is zoned R-R. Surrounding zoning is includes R-R, S-P, and C-P- S. The site is designated Commercial on the Southwest Area Community Plan (SWAP). SWAP commercial policies require well-organized commercial development with adequate circulation. 7. Proposed commercial uses must be compatible with area development. e There are no existing gas stations/convenience stores in the area and there are many existing and approved stngle famtly developments. 9. There is a need for this type of commercial use in the area. 10. The site will be buffered from surrounding uses through the use of setbacks and perimeter landscaping. 11. Staff is recommending C-P-S zoning due to the stte's proximity to an Eligible County Scenic Highway. 12. Environmental concerns included liquefaction potential, dam inundation, floodplain, highway noise, wildlife habitat, scenic highway, and circulation. 13. Environmental concerns were addressed through studies, project design and/or conditions of approval by both lead and responsible agencies. 14. There ts reasonable probability that the project will be consistent with the general plan proposal being considered or which wtll be studied within a reasonable time. 15. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the project is ultimately inconsistent with the plan. 16. The project compltes wtth all other applicable requirements of state and local ordinances. The proposed project is consistent with the Southwest Area Community Plan and the Comprehensive General Plan. The proposed project ts compatible wtth area development as destgned and conditioned. 3. Environmental concerns can be mitigated to a level of Insignificance. ig)OleTl~of a Negattve Declaration for Environmental Assessment No. 34]80 based on the ftndtngs incorporated tn the Initial Study, and the conclusion that the project will not have a significant effect on the environment, and D~II]~ofCII~EOFZ(tlEMO, ~from R-R to C-1/C-P in accordance with Exhibit 2; but JL~~of~EOFZI)IIEllO, 5~from R-R to C-P-S in accordance with Exhibit 4 based on the findings and conclusions found in the staff report; and, JUqq~I~oFCOIIDITIONALUSE PERRITIIO. 3042~ MENDED NO. 3CORRECTlOll#I, based on the findings and conclusions found in the staff report and subject to the conditions of approval. LD:mea 4-19-90 · · 2__~TJ/AC' C I LO(~ATIONAL MAP CZ $$$$ / ¢U $04?. ~ · · LAND USE VAC VAC ' \ VAC VAC VAC ~ VAC e · ' HEAVY 'Urn R-R TO C-I/C-P Arm RANCHO CALIFORNIA ~p.Di~t. IST pC.. &OCATIONA& MAP Sec.~r, lST. SS.,R.2W. ,~9.1,1,or'$ Bk. 926 Pg. 9 Cimulation (~ EXPRESSWAY VARIABLE El~mmt MARGARITA RD.-----ARTERIAL I10'~ t~.~.~..,.,.,, ,'~' RIVE~IDE COUNTY PLANNING DEPARTMENT ~",~,~" '~ ' ~ .__..J CZ5565/CU$O4Z ~~~"//'"J .- R-".~-2 1/._.2., R-R · · .SP ZoNE R-R ./ C-P-S SP ZONE _SP Z'~ NE . App. ARCO PRODUCTS CO. U~e R-R TO C-I/C-P Arm RANCHO CALIFORNIA ~up.Di~.lST Sec~J1;I~T. S S,FL2W. A~msor'o Bk. 926 Pg. 9 Circuhl~ ~ EXPRESSWAY VARIABLE Elml~nt MARGARITA RD. ARTERIAL I10' ...,--_._-- RcL Bk. 1~.56-ADatoC)4/IO/BO Drown ByRG./ ~ ;l'- ' 40(~'1~=';.:,~.";: COUNTY PLANNING DEPARTMENT &OCATIONA~ MAP )~P. ARCO PRODUCTS CO. UM R-R TO C-I/C-P Area RANCHO CALIFORNIA Sec~.8 SJn..2w. 8up.l:~t. I ST Cimulation (~ EXPRESSWAY VARIABLE Elimint MARGARITA RD. ARTERIAL I10' 1'- 400' ~ Bk. I~g. SE-ADate 04/t0/90 Drawn By RG./ CIG/_ RIVERSIDE COUNTY PLANNING DEPARTMENT &O(~ATIONAL MAI* NO SCALE ,l~ [[ ! 11 .:. _. l! , I I New lIB/1Hll FeoIIIty A.qco Produ:,~? COraltony ~. "l ARCO Produrn Cornpiny ,~k 1. w. sove~. st. ~ Arco Products 17315 Studebaker Road Cerritos, CA 92660 COMOITIO#AL USE HERMIT Project Description: Mini-market/gas station Assessor's Parcel No.: 926-090-030 Area: Rancho California e e e e The use hereby permitted is for a gas station/mini-market with sale of beer and wine located within Assessor's Parcel Number 926-090-030. The permittee shall defend, indemnify, and hold harmless the County of Riverside, its agents, officers, and employees from any claims, 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 Conditional Use Permit 3042. The County of Riverside will promptly notify the permittee of any such claim, action, or proceeding against the County of Riverside and will cooperate fully in the defense. If the County fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the County of Riverside. This approval shall be used within two (2) years of approval date; otherwise it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within the 2 years (2) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. The development of the premises shall conform substantially with that as shown on plot plan marked Exhibit A, An~J. #3, Correction No. 1, or as amended by these conditions. In the event the use hereby permitted ceases operation for a period of one (1) year or more, this approval shall become null and void. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. The applicant shall comply with the street improvement recommendations outlined in the County Road Department transmittal dated Feb~ua~y-)4r-lJ~9~ May 2, 1990, a copy of which is attached. (Amended at Planning Commission on 5-Z-90) Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department transmittal dated February 1, 1990, a copy of which is attached. CONDITIONAL USE PERNIT IlO. 3042, Aid. #3 Corr~c%lon Ilo, 1 Conditions ot' AM)rOVa~ o Flood protection shall be provided in accordance with the Riverside County Flood Control District transmittal dated February 5, 1990, a copy of which is attached. 10. Fire protection shall be provided in accordance with the appropriate section of Ordinance 546 and the County Fire Warden's transmittal dated January 24, 1990, a copy of which is attached. 11. The applic)nt shall comply with the recommendations set forth in the Department of Building and Safety Land Use Section transmittal dated November 28, lg90, a copy of which is attached. 12. The applicant shall comply with the recommendations set forth in the Department of Building and Safety Grading Section transmittal dated February 21, 1990, a copy of which is attached. 13. The applicant shall comply with the recommendations set forth in the Riverside County Geologist's transmittal dated November 14, 1989, a copy of which is attached. 14. The applicant shall comply with the recommendations set forth in the California Department of Transportation's transmittal dated August 23, 1989, a copy of which is attached. 15. All landscaped areas shall be planted in accordance with approved landscape, irrigation and shading plans prior to the issuance of occupancy permits. An automatic sprinkler system shall be installed and all landscaped areas shall be maintained in a viable growth condition. Planting within ten (10) feet of an entry or exit driveway shall not be permitted to grow higher than thirty (30) inches. 16. Prior to the issuance of grading or building permits, six (6) copies of a Shading, Parking, Landscaping and Irrigation Plan shall be submitted to the Planning Department for approval. The location, number, genus, species and container size of the plants shall be shown. Plans shall meet all requirements of Ordinance 348, Section 18.12. 17. Priortotheisstmnce ofA grAdino permit. the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan.prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. CONDITIONAL USE PEIglIT NO, 3042, Jkad, #3 ¢orvecttm~ No, l P~ 3 18. 19. 20. Priorto iss,mnceofgr. ding permits. a copy of the grading plan shall be submitted to and approved by the Planning Department showtn9 a 3 foot berm along Highway 79 and Hargarita Roads at the project's perimeter. The 10 foot landscape strip along Highway 79 may be widened to accommodate the 3 foot bermwith a 3:1 slope ratio. 14 parking spaces shall be provided as shown on the Approved Exhibit A, Amd. #3, Correction #1. The parking area shall be surfaced with asphaltic concrete paving to a minimum depth of 3 inches on 4 inches of Class 11 base. A minimum of one (1) handicapped parking spaces shall be provided as shown on Exhibit A, Amd. #3, Correction No. ]. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parktng space at a mtntmum height of 80 inches from the bottom of the sign to the parking space lintshed grade, or centered at a minimum height of 36 tnches from the parking space finished grade, ground, or sidewalk. A sign'shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 clearly and conspicuously states the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephoning " In addition to the above requirements, the surface of each parking place shall have a surface Identification sign duplicating the symbol of accessibility tn blue paint of at least 3 square feet in size. 21. Prior to the issuance of building permits, the applicant shall obtain clearance and/or permits from the following agencies: Road Oepartment Environmental Health Riverside County Flood Control Fire Oepartment Written evidence of compliance shall be presented to the Land Use Division of the Department of Building and Safety. 22. Prior to the issuance of building permits the following additional and/or revised plans shall be submitted for Planning Department approval: Landscaping, Irrigation and Shading Plans CONDITIONAL USE PERNIT NO. 3!M2, Aid, #3 Corfu%tee liD, 1 r, oadtt. tons oF AM)~ovll 23. Building elevations shall be in substantial conformance with that shown on Exhibit B. 24. One (1) trash enclosure shall be located within the project, and shall be constructed prior to the issuance of occupancy permits. Each enclosure shall be six feet in height and shall be made with masonry block and a gate which screens the bins from external view. 25, Landscape screening shall be designed to be opaque up to a minimum height of six (6) feet at maturity except within 10 feet of driveways where landscaping shall not exceed 30 inches. 26. Landscaping plans shall incorporate the use of specimen canopy trees along streets and within the parking areas. 27. All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. 28. Four Class II bicycle racks shall be provided in convenient locations to facilitate bicycle access to the project area. 2g. Prior to issuance of building permits, performance securities, in amounts to be determined by the Director of Building and Safety to guarantee the installation of plantings, walls and fences in accordance with the approved plan, and adequate maintenance of the planting for one year shall be filed with the Department of Building and Safety. 30. Prior to issuance of occupancy permits, all required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Oirector of Building and Safety. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and in good working order. 31. 32. This approval shall become null and void twenty (20) years from the date of City Council approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. LO:aea 4-19-g0 County of Riverside TO: RIVERSIDE COUNTY PLAI~NING DEPT. DATE: · FEBRUARY 1, 1990 A~TN: LA~dP~IE DOI~ON ~OM: ~ ~RTIN~.~.~O~E~L ~EALTH SPECIALIST IV lEE: CUP 3042 AMEND. f3 Env1ronmental Health Services has reviewed CUP 3042 Amend. f3 dated 1-22-90. Our current comments wil! remain as stated in our memo dated ~ ~-2 ~-8_,~. SM:pf MAR 1 199~~"=~ RIVERSIDE COUNTY PLANNINC= DEPARTMENT FORM 4. (Rev. 8/8?) oo County of' Riverside DEPARTMEN.I' OF HEALTH Riverside County Planning Department Attn: Laurie Dobson ' ! FD0~I: James /Z._Glll~s, JZ.II.S..1il ' T[: Conditionalisa Permit 3042, Amended No. ',2 DATE: November 21, 1989 Environmental Health Services has revie~e'd Amended No. 2 dated November 16, 1989. We still have na obJe~tions to this Conditional Use Permit beinl~ approved. Environmental Health'Services is in receipt of a "will-serve" letter for water availability from Rancho California Water District and has received an adequate soils peroolation test. Prior to building plan submittals, the following items will be required: , 1. Three detailed copies of a scaled (1"=20') plot plan showing · all fixtures serving the proposed subsurface sewage disposal , system. The complete subsurface sewage disposal system, , including 100% expansion, must be shown on the plot plan. 2. Three complete sets of plans for each food establishment will be submitted including a fixture schedule, a finish schedule, and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. 3. A clearance letter from the l~nvironmen'ta} Health Services Hazardous Materials Management Branch (J?n Mbhoroski [714] 358-5055) indicating that the project has been cleared for: t a. Underground storage tanks. b. Hazardous Waste Generator Services. c. Hazardous Waste Disclosure (in accordance with AB 2185). , ! d. Waste reduction management. JEG: cr co: Jon Mohoroski, Hazardous Materials B~ench KEMNE"FH !_ EDWARDS lees MARKET STREET P.O. BOX 1033 TELEPHONE (714) '7e7-~OIB FAX NO. ('714) RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ~R~4D"r, CAi. IFORNIA 9~1SO~' Riverside County Planntng Department County Administrative Center Riverside, California Attention: Regional Tea? No. / Re: ~-/~/ -~P~- Planner Leur~ /~~ Y~.~/~/ k~. ~ We have reviewed this case and have the following co~ents: Except for nutsance nature local runoff whtch may traverse portions of the property the project ts considered free from ordinary storm flood hazard. However, a storm of unusual magnitude could cause some damage. New construc- tion should comply wtth all applicable ordinances. The topography of the area conststs of well deftned rtdges and natural water- courses which traverse the property. There is adequate area outstde of the natural watercourses for building sites. The natural watercourses should be kept free of buildings and obstructions in order to matntatn the natural dratnage patterns of the area and to prevent flood damage to new buildings. A note should be placed on an environmental constraint sheet stattng, 'All new buildings shall be floodproofed by elevating the lintshed floors a mintmum of 18 inches above adjacent ground surface. Eroston protection shall be provided for mobtle home supports." Thts project ts tn the dratnage plan fees shall be paid tn accordance with the applicable r~lesArea and regulations. The proposed zoning is consistent with existing flood hazards. Some flood control facilities or floodproofing may be required to fully develop to the implied density. The Dtstrtct's report dated /~./]/ /rE? is still current for this project. The District does not object to the proposed minor change. Thts project ts a part of . The project wtll be free of ordtnary storm flood hazard when Improvements have been constructed tn accordance with approved plans. The attached comments apply. ,~~~ H. KASH/J Senior Civil Engineer cc: ~;~/~.,4~,rM/~___-.ew~z DATE: F../,, ..r', '1 70 KEI~NETH L.. EDWARDS I~6 MARKET STREET P.O. BOX IO33 TELEPHONE (714) 717'2015 FAX NO. (/14) 7eS-9ee5 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RrV~RBIDE, CALIFORNIA Now~t:~ 13, 1989 Riverside Ck)t~ty Planning Department Ck)tT~t~ ;~ministrative Riverside, CalifDrnia Attantion~ Bsgtonal T~m No. 1 Iaurie Dobson O0~ditional Use Permit No. 3042 Amended No. 1 This is a Ixoposal to ccmstruct a gas station in th~ Temecula area. Th~ site is located ~ the north~sst corner of Highly 79 and Margarita Boad. T~ site lies in the broad valley of T~ecula Creek. Substantial f~ows of a sheet fl~w nature are tributary to Margarita Boad at this site during large storms. Store f~ows will pond on t]~ east side of Margarita Boad before spilling ewer th~ road c~to this site. A ditch on this site leads to a 36-inch diameter culvert ~der High~y 79 to disc]~rge flows to th~ south side of the highly. Th~ site plan does not acknowledge the problen or th~ exist- ing facilities. We believe tJ~ ~blen should rDt be igr~red, t~st the flc~ patterns should be perpetuated and t~ project be protacted. Followl~ are tl~ District's recmmandationst 1. All new structures should be f~ood~oofmd & min/m~n of c~e fDot above s~ounding g~ound. o o A hy~rology study should be performed to determine ~ m~o~t of +now tributary to Margarita Boad at this site. At least a 10 year facility should be ~stru~%sd across Margarita Boad through t]~ site and a~ross Highly 79 or as ap~ov-R by the Riverside Oo~ty B0~d Dmpartme~t and Caltrans. o ing hydrolo~i~ and hydraulic ~lculations should be su~nit~_,~ to t3~ District for review and a{~xoval l~ior to %1~ issumnc~ of grading or Questions cxx~.~,,i.n~ thts matter may be referred to Kris Flanigan of this off~Lce at 714/787-2333. V~y ~ours, ~ 4~N H. ~ Smior Civil. ~in~r . PLANNING & ENGINP. BRINO 4~209 OASIS 813tP.~ 8UIT~ 405 INDi~ CA 92201 iti V [~i~IL)I~ f~t.)UIN'l'Y FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION GLEN J. NEWMAN FIRE CHIEF 1-24-90 PLANNING & ENGINEERING 376O 12734 STREET RIVERSIDF. CA 92501 (714) 787~606 PLANNING DEPARTMENT ATTH: LAURIE DOBSON CUP 3042 - AMF.~DED ~3 Vtth respect to the conditions of approval regarding the above referenced plot plan, the Ptre Department recommends the following fire protection masures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established In Ordinance $46. o Provide or show there exists a water system capable of delivering 2000 GPH for a 2 hour duration at 20 PSI res/dual operating pressure which must be ava,tlabls before any combustible material is placed.on the Job site. 3. The required fire flow shall be available from a super fire hydrant (6"x4"x2jx2J), located not less than 25 ft. or more than 165 ft. from any portion of the building as measured along approved vehicular travelyaps. 3. The applicant/developer shall be responsible to submit written certification from the water company noting the location of the existing fire hydrant and that the existing water system t8 capable of delivering 2000 GPM fire flow for a 2 hour duration at 20 PSI residual operating pressure. If a water system currently does noC exist, the applicant/developer shall be responsible to provide written certification that financial arrangements have beenude to provide them. 4. Certain designated areas viii be required to be maintained as fire lanes. o o Install portable fire extinguishers with a minimum rating of 2A-lOBC. Contact certified extinguisher company for proper placemant of equipment. Applicant/developer shall be responsible for obtaining underground tank per~Lcs from both the County Health and Fire Departments. Prior. to issuance of building perudts, the applicant/developer shall be responsible Co submit a check or money order in the amount of $413.00 to the Riverside County Flre Department for plan check fees. ~,,E: CUF 30A2 : Page 2 Prior rs the issuance of a building pemtr, the ~eveloper shall depost£ v~rh the R~veretde County Fire Department, · cash sun of 25C per square ~ooc aam/ctsacton for fire protection hpacce. Final conditions viii be addressed when building plane are reviewed in Build/ns and SafeCy. All questions regarding the meaning of the conditions shall be referred co the Fire Deparcuenc Planning and Engineering staff. RAYHOh'DH. REGIS Chief Fire Department Planner Laura Cabral, Fire Safety Specialist .... .-":' ' ' .. Administrative Center · 1777 Atlanta Avenue Riverside, CA 92507 Noxember 28, 1989 R~verside..County Planning Department "Attention: Laurte Dobson County Administrative Center 4080 Lemon.Str~e~ Riverside, CA 92501 ~L ..~.~. .;...... RE:-..Condtttonal Use 3042,.Exhibit A, Amended " Ladtes and $entlemen: The Land Us~' Division of the Department of Building ~nd Safet~ has'the following comments and conditions: An additional plot plan or an approved exhibit for on-site signage ~ill be required. Prior to the issuance o¢ building permtts~ written clearance is required from the following: '*'Temecula Valley Unified School District -.. Prior'to.issuance of building permits, the applicant shall :~.provtde the Land Use Division with evidence of recordation -- ~'of,a Certificate of Parcel Merger ~' ., . .,"~ .' :- · ...~3~....~ .,. .. . . - , :"]f approved elevations are requtred from the Planntng Department the approved plans must be submitted to the Land Use Division · concurrently with submittal of structural plans for ~evtew. Prtor to acceptance of structural plans for Butldtng and Safety revle~, one complete set of approved conditions from Planning Department must be attached Prtor to issuance of butldtng permits, proposed lighttng must 'be in conformance with Mount Palomar Lighting Plan, Zone B per Ordinance 655. ' ' Prior to issuance of building permits, the applicant shall pro- vide the Land Use Division with evidence of recordation of LLA 3087. Administration (714) 682-8840 · (714) 787-2020 Planntng Department CU 3042 November 28, 1989 Page 2 Performance Securities Bond for maintenance of landscaping may be required. Consult your Conditto.ns of Approval. Very truly yours, · ~ Beckyf~~Bngton~~~~ - Land Us~chntctan ~ /sn FROM: DATE: RE: BUILDING AND SAFETY DEPARTMENT GRADING SECTION PLANNING / L.AUJ~J~I~OBSON WENDY PARKER FEBRUARY C.U. - 3042- Amendment #3 FEB 2 ? 1990 RIVERSIDE COUNTY PLANNING DEPARTMENT The "Grading Section: has reviewed a conceptual grading plan for this site. The plan is acceptable. Consequently, the "Grading Section" recommends approval of this project if the following conditions are included. Prior to conmmnctng any grading in excess of 50 cubic yards, the applicant shall obtain a grading permit and approval to construct from the Building and Safety department. Prior to issuance of any building permit, the property owner shall obtain a grading permit and approval to construct from the Building and Safety Department. Grading in excess of 199 cubic yards will require performance security to be posted with the Building and Safety Department. NOTE: For the final grading plan, please provide the applicable information from grading forms 284-120, 284-21, 284-26, 284-46. These forms are available at the Building and Safety Department offices. RiVER: iDE COLIIlC. PLatnnin( DEPA:tCfi1EIl Novenber 14, 1989 H.V. LaMsastor & Co., Inc. 79401Mtn Street P.O. Box 246 Stanton, CA 90680 Attention: Hr. Robert P. Dennis Hr. Don P. IMrrtngton Gentlemen: SUBJECT: Liquefaction Hazard Ftle No. 89-11584 C.U.P. 3042 A.P.N.: 926-009-028, 029 County Geo]ogtc Report No. 648 I~ncho* ~a] tfornla Area #e have revte~ed the 1Jqu~?ctton aspects of yopr reports ~tttled: 1. 'Preliminary Fo~Cltdatlon Znvesti~atton Pot Proposed AJq/m NtnJ-I~arket Facility, Northeft ~orner State Htghway 79 and Margarita Road, Rancho California, CA,' dated August 22, 1989. 2. "LtqueCactton PotentJa], Pr~]tllnary Foundation Investigation, Proposed AH/I~I Mtnt-lMrket FacJltty, Northwest corner State Htghway 79 and #argartta Road, Rancho California, CA,' dated Septe,ber 26, 1989. 3. Response to County Revlev, dated November 9, 1989. Your reports detemtned that the stte 1s not expected to be subject to 11quefactJon durtng significant sels,tc events. No liquefaction mitigation .easures ~ere recmmended In your report. 4080 LEMON STREET. 9TM FLOOR RIVERSIDE. CALIFORNIA 92501 (714) 787-6181 46-209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 H.V. Lawmaster & Go., Znc. November 14, '1989 it ts our optnton that the report ms prepared tn a competent runner and satisfies the additional Information requested under the California Environmental Qualtty Act rev?ew and the Riverside County Comprehensive General Plan. Ftnal approval of the report ts hereby gtven. Very truly yours, RIVERSZDE COUNTY PLANNZI~G DE;PART~ENT Roger S. Streeter - Pl~ntng Dtgector CEG 1205 Y SAIC:Jam c.c. Arco Petroleum Product Co. Phtllp Graham Combs, Architects Norm Losthoe -Butldtng & Safety (2) PlannJng Team 1 -Laurte Dobso~ OFFICE OF ROAD COMMISSIONER & COUNTY SURVEYOR Riverside County Planning Commission 4080 Lemon Street Riverside, CA 92501 (Arco Mini-Market) CU 3042 - Amend %3 Team i - SMD %9 AP %111-111-111-9 amended at P.C. 5-2-90 Ladies and Gentlemen~ The Road Department has reviewed the traffic study for this project. The study indicates a proJected Level of Service 'C' at Margarita Road and State Highway 79. The Comprehensive General Plan circulation policies relative to Category II Land Uses states: "A minimum of level of service "C" is necessary for any new Category II land use'. As such, the proposed project is consistent with this General Plan policy. Therefore, should ~his project be approved, the Road Department recommends the following conditionsl The project shall provide an Arterial Highway half-section per Standard %100 (86'/110') plus a width sufficient for one northbound lane (12' minimum) on Margarita Road adjacent to the project site. The p=oJect shall provide a striping plan that implements the lane configuration proposed on page 24 of the traffic study. Such plans will be lubJect to review by the Road Deparm~nto Prior to the issuance of any building'permits, the project proponent shall consult with and obtain clearance from the following agencies to assure compliancp and coordinate with the Regional Mobility. and Air Quality Management plans~ Caltrana, District 8/11, and the South Coast Air Quality Management District (SCAQMD). Confirmation of such contact and coordination shall be provided to the Riverside County Road Coslsstoner. COUNTY AlXtiiNISTRATIVE CENTER · 4080 LENON STREET * RJVEIL,gD~ CAIJFORHIA 91S01 CU 3042 - Amend #3 Feb~ue~y-t4~-t999--Flay 2, 1990 Pa~e 2 With respect to the referenced item, the recommendations t conditions of approval for the above Road Department has the following Prior to issuance of a building permit or' any use allowed by this permit, the applicant shall complete the following conditions at no cost to any government agencyt o No additional right of way shall be required on State Highway 79 and Margarita Road since adequate right of way ex/sts. Sufficient right of way along the northerly boundary (Dar~ola Road) shall be conveyed for public use to provide for a 39 foot half width right of way, including a standard corner cutback. The applicant shall provide a 30 foot wide road easement at the terminus of Derrole Road to State Highway 79 as approved by the Road Com~lssioner. o The applicant by design is requesting a vacation of access rights restriction along Margarita Road and State Highway 79. Said vacation shall be applied for by the applicant and approvedby the Board of Supervisors prior to the issuance of a building permit. ® Prior to issuance of a building permit or any use allowed by this permit, the developer shall deposit with the Riverside County Road Department the sum of $4,975.00 towards mitigating traffic impacts for signal require- ment8. This amount represents 1.99 acres x $2,500.00 per gross acre - $4,975.00. Prior to occupancy or any use allowed by this Permit, the applicant shall construct the following at no cost to any government agencyt Margarita Road shall be improved with concrete curb and .gutter located 43 feet fro~centerline and ma~ch up asphalt concrete paving; recons~ruction; or rosurfacing of existing paving as determinodbytheRoad Commissioner within a 55 foot half width dedicated right of way in accorda~=e with County Standard No. 100. (43'/55') NOT~z Improvements will extend northerly of the centerline of Derrole Road. 10. A raised ~edian shall constructed on Margarita Road between State H/ghway 79 ~ the southerly line of Dar~ola Road. Said median shall be full width and provide for a m~nimm 20 foot A.C. paved travel laue for northbound traffic, all as approved by the Road Commissioner. Feb~uafy-&4,-&g96- May 2, 1990 · Page 3 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. State Highway 79 shall be improved vith concrete curb and gutter located 55 f~ f~ cen~e~line ~d ~ch up asphal~ concrete ~ving~ ~econs~ction; o~ ~es~facing of existing ~ving as de~e~lned ~ ~he Road C~issione~ ~d Cal~ans wl~n a 71 foo~ half width d~lca~ ~igh~ of va2 In acco~da~e vl~h ~lfied Co~ S~d~d No. 100A. (55'/7x ) The northerly boundary (Dartola Road) shall be improved with 34 feet of asphalt concrete pavement within a 45 foot part width dedicated right of way in accordance with County Standard No. 111, Section A. (28'/39') Asphalt emulsion (fog seal) shall be applied not less than fourteen days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall confom to Section 37, 39 and 94 of the State Standard Specifications. Standard 35 foot curb return, cross access ramps shall be constructed Ordinance 461 where applicable. gutter, spandrel and In accordance with The landdivider will provide a left turn lane on State Highway 79 at the intersection with Margarita Road as approved by the Road Department and Caltrans. The landd~vider will provide a left turn lane on Margarita Road at the intersection with State Highway 79 aa approved by the Road Department and Caltrans. Six foot wide concrete s£dewalks shall be constructed along State Highway 79 and Margarita Road in accordance with County Standard No. 400 and 401 (curb sidewalk). Improvement plans shall be based upon a centerline profile' extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approvedby the Riverside County Road Comm~ssioner. Completion of road improvements does not imply acceptance for main- tenance by County. Drainage con~-ol shall be as Per Ordinance 460, Section 11.1. All work done within County right o~ way shall have an encroachment Pez~lt. No driveway access to Xargarita Road will be allowed. Febeaaey-t4s-tggg- Ma~ 2, ~990 · Paga 4' *22. The street design and lmprove.men~ concept ~f this project shall .be coo~dinated with ~H 99/~5 16, PM 40/1-2, PM 23/25- 26, P/P. 779 R, Caltrans R/W 205 099, Cer~lficate of Parcel Merger 606, ~et-t~Ane-Ad~R~,-~%98~- and Change of Zone 5563. 23. Street lighting shall be required in accordance with Ordinance 460 and 461. The County Service Area (CSA) Administrator determines whether this proposal qualifies under an existing assessment district or not. If not, the -land owner shall file, after receiving tentative approval, for an application with LAFCO for annexation into or creation of a "Lighting Assessment District" in accordance with Governmental Code Section 56000. 24. 25. 26. Street lights shall be installed in accordance with Ordinance 460 and 461 at all intersections of roads constructed or improved within the develolxnent. The County Service Area (CSA) Administrator determines whether the development is within an existing assessment district. If not, the land owner shall file after receiving tentative approval, for an application with LAFCO for annexation into or creation of a County Service Area in pursuant to Governmental Code Section 56000 st. seq. All private and public entrances and/or intersections opposite this project shall be coordi~ated with this project and shown on the street improvement plans. A striping plan is required for Margarita Road. The removal of the existing striping shall be the respons~bllity of applicant. Traffic'signing and striping shall be done by County forces with all incurred costs borne by the applicant. *27. 28. The applicant shall comply with the Caltrans recom~end- ations as outlined in their letter dated ~8~'~9~-8/23/89 Any landscaping within public road rights of way shall comply with Road Department s~andards and require approval by the Road Commissioner and assurance of continuing maintenance through the establishment of a landscape maintenance district/maintenance agreement or. similar mechanism as approvedby the Road Commissioner. Landscape plans shall be sub~/tted on standard County Plan sheet format (24" x 35"). Landscape plan~ shall be submitted with the street h~provement plans and shall depict ~ such landscaping, ~rrigation and related facilities as are to beplacedwith~nthepublic road rights-of-way. *As amended at P.C. 5-2-90 Feb~'ua~'y-~4v-.~999- Hay 2, 1990 ?ag~ 5 *29 · ?he applicant shall provide CC&R's to provide z~clprocal easements £or access to Da~cola Road and access to State Highway 79, Said easement wall be coordinated-with-~ot -~-&d~m~e~t-~0~-and Cez~cificate of Parcel Herget 606, Road Division LAT=]w *As amended at P.C. 5-2-90 ~i'AI~ CXr CAUf'OB41A--IU~NE~, IIIAN~F~ADOH AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DlSlllt~' I. I~.O. IOX IAN IBINAIIDe40, CA ~ AuglJst 23,. 1989 I~(vbi~t~E COUNTY PLANNING DEPt.s'"' ' ":~',"' Development Review 08-Riv-79-17.38 Your Reference: CUP 3042/~Z 5563 Planning Department &trention Laurie Dobson County of Riverside 4080 Lemon Street Riverside, C~ 92501 Dear Ns. Dobson: Thank you for the opportunity to review the proposed Conditional Use Permit 3042 and Change of Zone 5563 located north of State Nighway 79 and vest of Hargarita Road near Rancho California. Please refer to the attached Development Review Form which documents Calftans' requirements for this project. Conformance with these conditions is required for issuance of an Encroachment Permit. If any work is necessary within the state highway right of way, the developer must obtain an encroachment permit from the Celttans District 8 Permit Office prior to beginning work. If additional information is desired, please call Nr. Thomas J. Neville at (714) 383-4384. Very truly yours, H, N. LEWANDOWSKI District Permits Engineer Art. (Your Reference) Plan checker Date zv- 79-17- (Co Rte PH) WE WOULD LIKE TO NOTE: Ca~r~_~_~lit~ ~lthin ~resmt ~ pro~0~ Stete ri~t of ~y ~ be investi~r. ed for ~lthot~h the traffic and dintinge i~wated by this proposal do r~t ap~ar to have a siEnificant effect the state h:i4~y syst~, ca~tderac/m m~t be g/yen to the om,lA~ive effect of cmtinued de~t ~rovidad prior to o~ ~ith ~t of the area that necessitates the~. It appears that the traffic and drainage generated by this ~! could have a s/i/fica~t effect m t2e state ~y systau of the area. Any measures ~y to m/r.f~ate the ira/fit and draim~ oral--Ally des/~a~ as a ~'mte ~ ht4~h~y. It/s ~ ~t t~ is ~ ~ orte~ about noise le~1_~ adjacent to hesvily traveled hish~ys. Land develo~mt, /n order to be e~,. tib~e with this ~ _~rn, my require spec. i~ raise attenuatia~ ~es. Devel_.~mmt of property should include any r~_~-m~y noise atr~mation. REQUEST THAT THE ITEHS CHECKED BELOW BE INCLUDED IN THE CONDITIONS OF APPROVAL FOR THIS PROJECT: I/' I Normal right of way dedication to provide 7/ half-width on the state highway. Normal street improvements to provide ~ half-width on tile state highway. Curb and gutter, State Standard ~-~ alon$ the state highway. Parkin$ shall be prohibited along the state highway by painting the curb red and/or by the proper placement of "no parking" signs. ~5 radius curb returns be provided at ~ .... =uS~ns with the state highway. A standard wheelchair ramp must be provided in the returns. A positive vehicular barrier along the property frontage shall be provided to limit physical access to the state highway. Vehicular access shall not be developed directly to the state highway. Vehicular access to the state highway shall be provided by existin~ public road connections. Vehicular access to the state highway shall be provided by ,, standard drivsways, of the intersection at V~_,~,lm' ~.~,.mm~_ C..~t'ki~..tic119 Sf~!l I:~ petvet] at least within the state hi,way right of my. V of the inc~-~_~ion of Adequate off-s~reet perk/ng, ~bich does not require bar. Icing (~to the state hi.y, s~11 be provided. 10t sh~!1 be developed in a rammer that ~ not cause a~y vehio,l~r movement c~ts, ir~l~,~i~8 parkin8 stall entrance and exit, within of the entrance from the state lziih~y. Care ~11 he t~ ~he$1 deve~opir~ this propez-t¥ to pr~_~ ~-~d perpetuate tim exlstinS d.~/nage pattern of tie ~ highmy. Par~_~o,~-~ consi~ttc~ should ~ given to cmulative increased scum nmo~£ to insure that a ld~!~y d~lnase problen is not created. Any r~r~ ~r? noise attenuat/cm sha/1 be provided as ~ of Ue development of r. his Wope~y. Please refer to attacl~t a~i~ oremines. t~E REQUEST: ~' A copF of my ca~!iticr~ of approval or revised approval. copy of any doctmmts proviclinS additicral state ~y right of ~y upcn neco__r~ticn of the top. WE REQUEST TIlE OPPORTUNITY TO REVIEW DURING THE APPROVAL PROCESS: A copy of cl~ craff~ of envlrormmral study. ~' A check prat of the Phrcel (= Tract ~hp. ~' A check print of the Plans for any ~ts wifi~tu the state ~y right of Date: August 23, 1989 RIV - 79 - 17.38 (Co-Rte-PM; CUP 3042 / COZ 5563 (Your Reference) ADDITIONAL COMMENTS: 1) As per the discussion Mr. Joseph Conk and Mr. Lou Boemia had wi=h Mr. Thomas J. Neville and Mr. Mike Sim of CalErans on August 11, 1989, vehicular access to the snare highway shall be provided by a road-type connection as per the at~ached sketch. Also, this vehicular access to the state highway shall be provided at a distance of 365 ft from the intersection of state highway 79 and Margarita Road. 2) Handicap ramp shown a= the southeast property corner shall be state standard NS-B, Case E. STANDARD PRIVATE & COMMERCIAL ROAD APPROACH IN RURAL AREAS WITH UNIMPROVED FRONTAGE ON CONVENTIONAL STATE HIGHWAY .Road approach within 20 feet of edge of traveled way shall have a grade not greater than 5,% except that on superelevated curves. the pavement slope shall be continued to the edge of shoulder. Culvert pipe under road approach might be required to carry State Highway gutter flow. Paved portion shall be surfaced not less than: - private road: 2" A.C. over lack coat of liquid asphalt over 4" aggregate base. - commercial road; 3" A.C. ova' tack coat of liquid asphalt over 6" aggregate base. · Minimum clear distance between driveways shall be 26 feet. e Stopp~ng.aXght dLet&nca ~e to be IlllUrid fFom thl dr~ver'e eyes, vhXch are assumed to be 3.S feet above the pavement surface, to aS ob~oct 0.~ foot hLgh on the aShtar of the appro&ohLng ~riyelod..l&no, ~he.m0&au~omont.~ left and'rLght &Zong the State Route'~ The measurement aha~Z be made ~S feet from the edge of the traveled way. "H A N D 0 U T" STRFET IMPROV£MFNT Pr.~NS February 15, 1989 (Rev) INTRODUCTION This "Handout" is intended to provide the permittee and his representatives with a few guidelines for the design of typical roadway improvements and grading proposals within the State right of way. It does not contain all the design criteria that may be used in the review of a specific project nor does it contain any treatment for unusual situations which call for special consideration. Additional information and design standards may be found in the latest editions of the following publications: -Celtrams Highway Design Manual -AASHTO~s "A Policy on geometric Design of Highways and Streets" -Celtrams Standard Plans -Celtrams Standard Specifications II. It should be no~ed= When work is necessary within the State highway right of way, the developer must obtain an encroachment permit from the District 8 Office, State Deparluaent 'of Transpor~ation, 247 West Third Street, San Bernardino, CA 92402, prior to beginning the work. STAND~ROS All work within the S~ate highway right, of.way shall be to State standards. A general note s=ating"=his shall be included on ~he title sheet of ~,he plans. III. GFN~RA?. SUmMTTTA?R RFOUT~D S~reet improvement, grading, striping, signing, landscaping, irrigation, and signal pl&ns shall furnish enough detail to provide the contractor and ~he S~ate's representa~ives with the necessary information to construct ~he proposed improvements. Please submit six (6) se~s of plans folded ~o 8-1/2~xll". We can no= accept rolled plans. In genes1, ~e plus should include= Handout Page -2- i Title Sheet The Title Sheet or Cover Sheet shall have a vicinity map with the project site indicated. General and/or construction notes, legend, quantities, and index of sheets. The vicinity map must cover a minimum of two (2) miles along the State route and at least one major intersection. The following statements, that are applicable,.shall appear in the General Notes: 0 An encroachment permit is required before any work may be. gin in/or near ~he State right of way. All work within the State right of way shall conform to the latest State Standard Plans and Specifications or as directed by ~he State's representative. 0 No equipment or materials may be stored on the State right of way. All disturbed areas in the State right of way must be treated for erosion control (hydroseeding or equivalent, or as directed by the State's representative).' The responsibility for maintaining erosion control will not be released until the seeding is well established. The contractor will be responsible for ~he cost of Calframs cleaning any drainage structures and channels which have become cluttered with debris and/or silt as a result of, or caused by, the construction project. Access control on ~.he freeway will be maintained at all times (work inside S~ate right of way must be fenced off wi~ no access to work area from freeway). No freeway ramps or freeway lanes Bay be closed or obstructed at anytime, unless specifically allowed in the encroachment permit and/or as directed by the State's representative. Handout Page -3- 0 10. 11. 12. 13. All fences relocated to facilitate construction of this project inside State right of way shall be replaced with CL-6 fence, as shown in the State's Standard Plans, or block wall in accordance with acceptable local agency standards. Where Type CL-6 fence does not exist, the right of way fence must be upgraded to Type CL-6 fence, as shown in ~he Standard Plans. Structural section shown within the State right of way is for estimating purposes only. The &cruel section will be designed by a Ioil engineer after native soil testin. has been completed. A traff£c index (TI) of ll-_~' shall be used in the design of ~he. travelled way, and a TI of 7- ~ shalL.be used for.~he shoulder design. The laboraCory' repo~cf and ~he design calculations shall be s~mi~ed ~o ~he S~a~e's representative for approval prior ~o cons~c=Aon of ~e s~c~ural section. All State drainage structures must first be completely cleaned of debris, and/or sil~, by the contractor prior to making the connection. The contractor shall be responsible for insuring ~hat any State drainage facility which connected to or directly affected by contractors operation shall be clean and operational prior to final acceptance of permit work by State. Adequate clean-outs and access openings shall be provided in any construction within the State's right of way for future laintenance and repair work, as needed. This work shall he furnished at no cost to Where survey monuments exist, such monuments shall be protected or shall be referenced and reset, pursuant to Rua(nel- ~ Profqss4on- Co~e, Sections 8700 to 8805 (Land Surveyor*s Act). The pavement must be sawcut 2' from the edge of pavement. The sawcuts must be perpendicular or parallel to the Skate highway centerline. Page -4- Be 14. All signs, roadside markers, electroliars, etc., shall be protected and/or replaced in kind to the current State Standard Plans and current Traffic Manual, at no cost to the State. 15. All conflic=ing signs shall be either removed or relocated by the contractor. Relocatable signs shall be installed as specified on plans or as 'determined in the field by the Staro's representative. All conflicting striping and pavement markings not sho~n on the plans shall be removed from the pavement by sandblasting by the contractor, 17. All signing, striping and pavement markings shaLE: be in ~onformance with' the current edition of~?~s,.¥' "Traffic Manual" published by the State of California, Department of TranspoL~cation and the Special Provisions. 18. The exact location of all signs shall be deter~ined in the field by the State's representative. Plans All plans shall include and distinguish the existing and proposed construction in plan view. Datalie and dimensions must be included to ascertain accurately the proposed work and how it will #fit# existing conditions. The existing centerline, bearings, distances, stationing, and any monumentsCion, shall also be included. Please con~act our Public Affairs office at (?14) 383-4229 for a Right of MayHap if you need one. All dimensions and offsets shall be referenced from centerline of S~ate highway at specific stations. Right of way and proper~y lines shall also be included on the plans. All plans must include cross sections. There must be Construction Notes ~Pr each item of proposed work and they must be referenced to the location on the plans. AXl slopes in the State right of way shall be 2:1 or flatter. Handout Page -5- Street Improvement Plans= Special details, profiles and sections may be included on the same sheet, if desired. All plans must include the scale and north arrow, (Celttans' normal scale is L"-50' however a scale of 1"-40' is acceptable when required by city or county o~fic£als). A scale of 1"-20' should be used for signal plans, or whenever greater deta£1 is needed (i.e., Special Detail plans). · All hydrants and power poles must be shown. All proposed curb, gutter, and driveways must be indicated to State Standards. The Highway Design Hanual critbria for both stopping and corner sight distance shall be utilized for all new commercial and/or private driveways. The curb'and gutter in ~he State right of way must be pla~ed over a minimum of 4" Class 2 aggregate base compacted to 95%. All pavement overlays must begin, end, and run perpendic~lar or parallel to ~he State highway centerline. The overlay must be leathered to the ne~c lane line. Typical cross sections must be included. All improvement between ~he curb and the State right of way line must include a letter to own and maintain the area by'either the local agency or the proper~¥ owner if the local agency declines (see Landscaping Plan). Profiles: Profiles shall include the centerline, top of curb, flow-line, trim-line or edge of pavement profiles, as applicable. The horizontal scale should match the plan view, and the vertical scale should be 1u - 4~ or 1u - Sm (generally, 1/10 of the horizon~al scale), or whatever will provide the detail needed. The profiles should be combined into the plan views using half-plan/half~ profile sheets. GradJ~gPlans: Grading plans must include existing and proposed contours with finish surface' (rS) elevations and flov-l£ne elevations called out at control points. Cross slope and side slope Handout Page -6- o ratios shall also be indicated on the plans. The top and toe of the side slopes must be indicated for the proposed grading. A profile of drainage facilities shall be provided (channels, pipes, ditches, etc.). Hydraul£c calculations must be provided for all new drainage systems calculated at 100 year storm (QlO0). when a connection is to be made to an axisting culvert in the State right of way, ~he Junction structure must have a cleanout; l~ls may be a Flood Control District design. The flow in an unlined channel shall not exceed the pe.r~issible velocity stipulated in Table 862.2 of the State Highway Design Manual. AX1 lined channels must be constructed per Table 872.2 of the Highway Design Manual. Wire mesh will not be allowed in the State righ= of way. Cross Sections= Cross sections are required for any work within State right of way. A section ever~ $0' is required along the proposed improvement and special sectAorta are required where existing or proposed conditions change significantly, such as a driveway. On pro3ects 200' or .less in length, cross sections ever~ 25' are required with a minimum of four cross sections. Additional cross sections at the center of culverts, drainage inlets, driveways and road connections may also be necessary. Cross sections must show existing ground or pavement surface, proposed pavement widening, overlay and grading within the limits of the york. The thickness of any structural section or overlay must also be detailed. Cross sections shall indicate both vezWcical and horizontal scales and must not be distoz~ced by more than a factor of five (vertical - 1/5 of horizontal). Existing and proposed elevations shall be shown at grade breaks. Cross slopes between grade breaks shall be ind~catad on the finish surface· Curbs, qutters, driveways and sidewalks shall also be Handout page -7- Indicated. On cross sections, the centerlines, prope~c¥ lines and right of way lines shall be indicated by a vertical line and must be labeled accordingly. It is iupo~cant ~hat the cross section stationing correspond to ?.he stat£oning on ~he plans, and ~haC ~e york ind~caCed on the cross sec~ons and plans Is vi~hin ~he same 1~2s. Cross s~c~ions shall b~qin and end 100' beyond the proposed PrOjeCt. Striping and Signing. Plan: The Striping and Signing Plan may be sho~n on ~he Street ~uprove~ent Plans, but separate Str£ping a~d Signing Plans are preferred. There must be the following items depicted on ~he Striping and Signing Plan: All'ex£stinq signs and striping must be sh~n, identified, and dimansi.ned as sho~n-'." in ~he Traffic Hanual. All relocated and new signing and striping must be sho~n, dimansi.ned and identified aS sho~n in ~he Traffic Manual. &ll existing and proposed signals and detector loops must be identified. All striping/ marking, and markers must be sho~n and conform to the State Traffic Hanual. Landscaping and Xrrigation Plans: All Landscape plans must be signed by a State registered landscape architec~. The fixed object-traffic hazard rule must be followed. All landscape planting, other~han required replacement of existing plants, will be covered by an o~n and maintain condition contained in ~he encroachment pernit (or separate permit as needed). These conditions shall remain in effect for a specific time period, as defined in the permit and?or cooperative/Highway Improvement Agreement of public agency/private par~¥, as applicable. The sight distance rule must be followed where a stceet or ~rivevay is concerned. ! · Handou~ Page -8- Signal Plans: Signal Plans nust be prepared separately but nust'be a part of a package that includes Street Improvement and Striping and Signing Plans. The Signal Plans must include all of ~ha foXloving items: Any work involving signals shall require a separate 20 scale signal plan on a s~andard layout sheet (22" x 36"). The signal plan shall be prepared on a reproducible film media wi~h blue lin~ prints provided for the reviews. Using a reproduction o£ an axisting BUILTu as ~ha base for a modification plan shall not be accepted. If road work is involved, the entire package. shall be provided for review (i.e., signa! plan, s~riping plan, and roadway plans). Design details such as striping, crosswalks, and handicap ramps, shall also be shown on ~ha signal plan. Plans must show ~he axisting systen and roposed sys~en. The propossd plans mus~ be n bold prin2. DATE: ~ugust 17, 1989 TO: Assessor' Bulldlng and Safety - Land Use Butldtng and Safety -Gradtng Surveyor - Ken Tetch Ro~d Departrant Health - Ralph Luchs Fire Protecti on Flood Control District Fish & ;ame U;S. Postal Service - Ruth E. D~vtdson U.S. Ftsh& Htldltfe Servtces County Superintendent of Schools Eastern Huntctpal Hater Dtstrtct Southern California Edison Southern California Gas General Telephone Caltrans #8 Temecula Unlon School Distrtct Temecula Valley Chamber of Commerce RiVERSiDE county PLAnninG DEPARCl;IErlC Commissioner Turner South Coast Atr Qualtty ~nagement D~strtct -' OCR -' Archaeological Unit Shertff' $ Dept. Community Plans CONDzTZONAL USE PE~]T 3042/CHANGE OF ZONE 5563 - (Tm-1) - E.A. 34180 - ARCO Products Co. ATTN: Lou. Boemfa - Phtllp Graham Combs Architects, Inc. - Rancho California Area - First Supervtsortal 0tstrtct - N of Hwy 79, H of Iqargartta Rd. - R-R Zone - 5.6 Acres - REQUEST: ARCO Htnt ~rket & change zone from R-R to C-1/C-P - Hod 119 - A.P. 926-090-028,29,30 Please review the case described above, along with the attached case map. A Land Otvision Committee meeting has been tentatively scheduled for September 7, 1989. If it clears, it wtll then go to pu. bltc hearing. Your comments and recommendations.are requested prt.or to September 7, 1989 tn order that ~e may include them tn the staff report for thts particular case. Should you have any questions regarding this item, please do not hesitate to contact Laurie Dobson at 787-1363. Planner COI~ENTS: DATE: SZGNATURE PLEASE prtnt name and tttle 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787'6181 46-209 OASIS STREET. ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 County of Riverside TO~ RIVERSIDE COUNTY PLANNIN(~ DEPT. DATE: August 25, 1989 ATTN: Laurts Dobson FR~: Greg Dellenbach, Environnencal Health Specialist III RE: ClIANGE OF ZONE 5563 Environmental Health Services has revieved this change of zone case and has no objections. Soils testing and approval from the appropriate California Isgional Water ~uality Control Board may be required prior to approval of any construction permits. GD:tmc OBN. FOlUd 4. (]1~. August 24, 1989 Riverside County Planning Department 4080 Lemon Street Riverside, California 92501 Re: Conditional Use Pemit Application ~ 3042 Change of Zoning Application ~ 5563 Northwest Corner of Margarita Road / Highway 79 [S] Temecula Gentlemen: Today we received a notice from the Department of Alcoholic Beverage Control warning us of an application by ~Prestige Stations' a permit to sell beer and wine at the above refer- enced location. Enclosed please find our letter of protest to the ABC. We believe that its content speaks for itself. Ours is a custom home neighborhood of costly properties. Change is being forced via Vail Meadows, Vail Ranch, highway expansions and other growth events. We do not like them but we understand they are reality. That does not change the fact that here we have a totally destructive and inher- ently dangerous project proposed - the 24 hour six pack crowd does not belong on the streets where our kids ride their bikes. Not now - not everl We fully understand that much of this area will be devoted to commercial purposes. We never dreamed, however, that someone would attempt a use so intense and hazard laden. It is our understanding that the process of # 5563 would not permit the 24 beer Joint vending operation - hence the CUP 3042 process. If that understanding is correct, we are adamantly opposed to the latter only. If we are incorrect then our opposition is the same as to both applications. Enclosed please find a stamped and addressed return envel- ope thus permitting you to notify us of your public hearing. 44099 Margarita Road, Temecula . August 24, 1989 Supervisor Walt Abraham 4080 Lemon Avenue Riverside, CA. 92501 Supervisor Norton Young~ove Attention - John Telesio 4080 Lemon Avenue Riverside, CA. 92501 Re: Pending CUP ~ 3042 and Change of Zoning Application ~ 55631 Northwest Corner of Margarita Road and High- way 79 [South] Gentlemen: Enclosed please find a copy of a warning notice from the Department of Alcoholic Beverage Control which we received this morning. Also enclosed please find our letter of date to the ABC and to your planning department. Our protest is not, in itself, necessarily a protest of a zoning change to commercial uses. Our protest is the spe- cific use that is proposed under the CUP process, i.e. a gas station vending beer and.wine 24 hours a day in an area of custom homes, schools, children and bicycles! It is sim- ply outrageous that even so rapacious an appetite as ARCO's would attempt this under the guise of something call they call 'Prestige Stations'. We will do everything that we can to prevent the completion of this process and specifically solicit your assistance in that endeavor. We request the advice of your respective offices and wish to express our appreciation of your atten- tion in advance. Thank you. Sincerely, ~ ~ 44099 Margarita Road 676 8292 Enclosures Temecula August 24, 1989 Department of Alcoholic Beverage Control 303 West Third Street - Room 209 San Bernadino, California 92401 Notice of Intention to Engage - Sale of Alcoholic Beverages~ Northwest Corner of Margarita Road and Highway 79 [South]. Temecula, CA.~ Applicant is ARCO/ 'Prestige Stations' Gentlemen= Please be advised of the following= 1. We are in receipt of your notice above referenced. 2. We are vigorously opposed to any such enterprise. Ours is a neighborhood of custom homes now valued in the $400,000 - $500,000 range. We are not naive. We understand that the subject intersection will doubtless go to some type of commercial use in time. But, we do not want or need the 24 hour six pack crowd here or anywhere near us - and that is precise- ly what is proposed by this applicantl 3. We wish to be notified of any public hearing that may be scheduled - a stamped and addressed envelope is enclosed. 4. We will oppose the conditional use permit actively at the county planning level as well. Substantial neighborhood involvement may, we believe, be expect- ed. Thank you for your notice - that is more than the county has furnished to us. Our neighborhood, our schools and our families are very much at risk here. We will appreciate your cognizance of these factors and your firm denial of this totally inappropriate attempt at exploitation. Thank you. rman, 44099 Margarita Road, Temecula Supervisors Abraham and Younglove~ County Planning Date T~ls Notism Halled~ August 23 Date Promises Posted= August 1~ , 19 89 · NOTICE OF ZNTBSITZON TO ]gIGAGE Ill Tile SiLl OJI' ALCOHOLIC BBV,ER&OE$ (Rat Res/~e~o~o 500~' Rad~uf) -"' To b'hoa It Hay conearn*, SubJest to ~asuanoe of the liesnee applied For, notleo to hereby &ivan that the belou-nased applicant proposes Co sell aleshollo beverMea at the ~emioas deooribed &o Folious: (Insert address of p~eo~eas no ~t &ppe~o on appll~ation.) Nw corn. e,r .of HaFgar_~,~a Road. and Hig)t~a¥ 79 Temecula~ CA 92390 Pursuant to suoh intention, the undersigned is applyin& to the Department or AloeholLo bvera~e COnt~o! ~or ~eausnoe of an &loshollo ~everaso lieease(s) For these premises as fo~lo~o: (Speo~y all lisanoes applied For as names of lieeases appear on applioatiofi.) Type 20 - Off-si~e sale o£ beef and ~ine The Name(s) of the Applioan~(s) is/are: Prestige Stations. Inc. . Please be advised that any p~otest qlieot the iasuanee of the lioe~e(s) must be verified and reeo~vad at any oFF~oe of the ~epertnen~ of ilooholic byerase Control or Departmental Headquarters u/thin 30 days of the date that the premises ~ere posted, or viehie 16 days of the date of this notice, u~/chever is the latest. THIS IS NOT & PROTEST FORI4, IX) N0T RFrURN IT TO ABC. It is merely a notice of pendin~'applica- tlo~ as required by law. ~urther ~n~orhatlon reSard~ns this application Bay be obtained f~am the pos~ln& notism at the premises o~ s~ the looal ABC offism identified belo~. Department of Aloohol~c Beverage Control 303 ~. Third Street~ Room 209 San Bernard~no~ CA 92401 (3-.05) 6 14 15 16 ~7 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL OF THE STATE OF CALZFORNZA XN THENATTaR OF THE.PROTeST .OF8 ~argaret ) ~HST~ ~oauanoo o~ an ) or~-sa~e beer and wine license to ) ) STATIONS, INC. ~roo~/l~Hlni Mart Margarita ~C Call~ornia under the Alcoholis Beverage Control Aot, 19 "?.:..~ ¢'. · ..~ · ·: ',* ~. ~., .. ) ) FXLB m37565 ) ) ) ) ) ) ) ) ) Hay thil serve as a formal withdrawal of the protest by ~rq~rlt ~..~er~a~ against the issuance of a license for sale of &loshollo beverages a~ the premises f los&ted ae follows: DATED8 Aroo Al~P~ Xini Mart H~. 79 & Margarita ~C Tensouls, California ~/~ /~ , 1990 Respeotfull~ sub. itted, :IiVE:I. iDE coun;.u PLanninc; DEPAqa;IEn; APPLIOA TION FOR LAND U~E AND DEVELOPMENT DATE: Auaust 8,]989 O PUBLIC LISE PERMIT NO. O TRACT MAP NO. ~ D VARIANCE NO. 1. Altecanti Name: ~ Address: Tolol:Jho~ No.: 2. Ownell Nlmo: bleilino Address: Telephone No.: 3. Roweuemtivo: Telephone No.: RIVERSIDE COUNTY PLANNING DEPARTMENT ARCO Products Co., Attn: Lou Beeate 17315 Studebaker Rd. Cerritos, Ca. 92660 (7]~ ! 679-2821 lutheran Church Extentston Fund 1333 S. [irkwood Rd., St. Louie, Niaaourt 63122-7295 (31~ )966-2630 (O &,~-S ~) Phtl~p Grahem Comb,Arch,, Inc, 36&2 University Ave, Riverside, CO, 92~0] ( 7]& ~686-3.520 (8&~-SpJ~) NOTE: ff more tlwn one peruse i8 Invcdved In the ownsreNO d tim ix~tMrly being cleveloMd & ml:emte page mum be nitached to this eq:Mcotion which lists ~ aimee and 8clcIm#ee at' o//persofts h~vtng in interest in the ownerSAll) B. PIK)JECT INFORMATION 1. PurpoNofRoquost(dMcfibeproJoct):(Ordin~nce348rof. no.) Cheese of zone fro= RR to 8erietel co~ericel C-]/~ Lot BerBer end lot line adJustBent, and change of zone. C~ PROPERTY INPOlUIATION 1. 'MIe#OI'OPmMINa(8).926-090-028, 926-090-029, 926-090-030 ~ ~1omtto~(otroetsddroel, etc~lMC Hvy 79 & !~rserita 8o~on Portions of 8,17,18 Tomuf~ T 8 S Rungs ; ~ v Al~:~.t~eOmmAMeege: 5.6 Acres Log~dll=~AJon~eJ~c~gdd~mml~Xlfded~thehMtheCountyP-ecofcJ~MsYbe&tt~chod. See Attached 8~NATURE OF P~RTY OWNERIS) See Attec'hed 4080~.EMON STREET. 9TM FLOOR RIVERSIDE. CALIFORNL~ 02601-3667 (714) 707-0181 49-200 OA815 STREET. ROOM 304 INDIO, CALIFORNL( 02201 (610) 342-8277 qiVE:r iDE counL'v PLAnrlirl DEPAqCITJEI1 APPLIOA TION FOIl LAND UIE AND DEVELOPAfENT CHANGE OF ZONE NO. IqRIdlT NO. PARCEL MAP NO. PLY' PLAN NO. MiCOJdPLETE APPLICATION8 WiLL NOT BE ACCEPTED. 1. ,44N:)#cinrs Nsec: Teioj)h4M~ No.: 2. C)Mu~s Name: IMIIk~ Acidmss: TMeM~me NG: & flel~mm~t~tive: TeleM~ofie NG: DATE: d't~.~.e.l' tit, 1Qq.9 RIVERSIDE COUNTY PLANNING DEPARTMENT ARCO PRODUC'~ Co. Al'rlq: l~u Boemln 17315 Studebeker Rd. ~errtCos ~A 92660 ( 71& I 679.-282~1 (8&~-81~) Lutheran ~hurch Extennton Fund 1333 $. [irkwood Rd..~t. l~ou~s. Himmo~, 63122-7295 ( 31~ ) 9~26~ (e~.~ ~!l%~ Orehem ~be Architects. Inc. N~TE : ~f m~m th~n ~M ~)em~ ~ kw~ved in the ~wnemh~p ~ tt4 pr~rty be~ng devM~ped & ~e~mt~ ~ mu~ ~ Mtactmcl to this al~iicmWn which lie the nime8 and iddmlm M ~# pe~ having in imeMt ~ ~ ~ M B. P#OJECT INFORMATION 1. Putpro of I~quost (d~cfibo IxoJoct): (Ordi~ 348 ro~. ~.) ~ndttionel use petit for the c~bined use of Hini-~rket, ~er & vine end 880 service. ~t mrier, lot line adJuot~nt and chan8e o~ zone, C ~~ INF~N 1. ~vmmvJu'iPu~MNo(l~ 926-090-028, 926-09C)-029, 926-090-030 · Oofiond',~.Gt',G,~(otmMeddmm, Mr~ NIK: Htsh~y 79 end Hnrsarita ~ 8odlonJ~OrCJ~mc~8. 17.&18 Tomuhi9 TSS 4~ &..,_=_~, ~lm GnmAorange: 5.6 Acres Logs1 dew ~piJ~ 4pvo ox8~ IogeJ :de m nApOc~ M roc~xdod ~ the Offira of ms Gnumy Roaxder~ Idoy be s~oc~od. See artecbed. Thomis Brothers PIOo No. an~Goordinl. tes: Pele ] 26 c-s ~ ~ -" ~/' Authority k)r thil V ~ iI~G.~ il hereby gh;en: mG~T~OFP~CMEne) ~ A'I'TA~. 4080 LEMON STREET. 9TM FLOOR RIVERSIDE. CALIFORNIA 92601-3657 (714) 787-6181 46-209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 (61~) 342-8277 RIVERSIDE COUNTY PLANNING DEPARTHENT COUNTY A!:MINISTRATIVE CENTER, NINTH FLOOR 4080 LEHON STREET RIVERSIDE, CALZFORNIA 92501-3657 ~oseph A. Richards, Planntng Dtrector A I~LIC IFJtAING has been schedu]ed before the PLANNING (:(I~tlSSIOII to constder the application(s) described be]o~. The P]anntng Department has tentattve]y found that the proposed project(s) wt]] have no significant envtronmenta] effect and has tentattve]y ccmp]eted negattve declaration(s). The P]anntng Canmission wt]] constder whether or not to adopt the negattve dec]aratton a]ong ~th the proposed project at thts heartno. Place of Heartrig: Board Roan, 14th Floor, 4080 Lemon Street, Riverside, CA Date of Heartng: MEDNESDAY, HAY 2, 1990 The ttme of heartrig ts Indicated wtth each application 11sted belch. Any .person may submtt ~ttten cmments to the Planntng Department before the hearting or may appear and be heard tn support of or opposition to the adoptton of the nattve declaration and/or approval of thts project at the ttme of heartng. ;~ you challenge any of the projects tn court, you may be ltmtted to ratstrig only those tssues you or saneone else ratsed at the publtc heartng described tn thts nottce, or tn wrttten correspondence delivered to the Planntng C~mmtsston at, or prtor to, the publtc heartrig. The environmental ftndtng along wtth the proposed project application may be vte~ed at the publtc Information counter Monday through Frtday fran 9:00 a.m. unttl 4:00 p.m. CHANGE OF ZONE 5563 HITH CONDITZONAL USE PERMIT 3042, EA 34180, ts an application su~ttted by Arco Products, Inc. for property tn the Rancho California Area and Ftrst Supervisortel Dtstrtct and generally described as N of Htghway 79, W of I"argartta Road to amend Ordlnance No. 348, Riverside County Land Use Ordinance. Satd amendment would change zone R-R (Rural Residential) to C-1/C-P (General Cmmerctal), etc., or othe such zones as the Planntng Cemmlsston my ftnd appropriate for a proposal to establish a gas station/mint-mart. (LD) TZHE OF HEARZNG: 1:30 P.H. RiVEq)iDE county --PL&nninG DEPARCFilEnC ENVIRONMENTAL ASSESSMENT FORM: STANDARD EVALUATION ENVIRONMENTAL ABSF$.~MENT (F.A.) NUMBER: 34180 MODULE NUMBER(i): 119 PROJECT CASE 'I"fimE{I) AND NUMBERS(M: Change of Zone 5563/Condif(nnal II~p Pp~mit 3042 Arco P~oducts Co. NAME OF PERSON(s) PRYING EJC: Laurie Dobson L PROJECT INFOI~TION DESCRIPTION (include pm~emmd minings. lot aize and u.# M applicable): Change of zone f~om R-R to C-1/C-P Construct mini-market/gas station with sale of beer and wine B. TOTAL PRCUECT AREA: ACRES 5.6(CZ) 1.56(CUP) C. Aa~R,E~SOR'S PARCEL NO.(s): 926-090-028,029,030 D. EXISTING ZONING: R-R I~ THE PR~ IN CONFORMANCE? No F_ PROPOSED ZI;INING: C-1/C-P I~ THE PROPOSAL IN CONFORMANCE? Yes F. ~I'REET REFERENCES: Northwest comer of Margarita Road and Highway 79 ~b"TIO~L TOWN~HIP, RANGE DE~CRIPllON OR ATrACH A LEGAL DE~RIIm1'ION: Section 17 Township 8 South Ranae 2 West Subject site is vacant, flat, and very disturbed(probably from historical farming activities). Surrounding uses are primarily vacant with sons existing single family residential uses to the north. IL OOMPREHEI~JVE (]ENERAL Iq. AN OPEN ~,PACE AND OOI~ERVATION DF.~IONATION C~ Ih~ mpro~ el)lion(s) below md pra~m~ mooanJ~. 13 M .r mmd of Ih~ ~ roll lB mr, -,:;...~t~ Imam= Iqmnm." 'P. EktAP" ~x ~ Vmmg~ O~,y ImlMey Am~". ~,..4dmlm ',~t~anm m, N (B mmxl O eelyL V ~gl VL Am or lmmd of lie I)rolm,c* mitre Im In 'Ar.~m Not DmmlOnmtmd M OPen Brmcm". Comp~ ~ am. IV (A. B mm~d D o.ly),V md Vt I~ AI or i~ d the imo~ m#m hmm m OPen BPmoe rand C4mmmm~n d~tion other thmn ~ose ,,~m~K shove. Corn Bracts m, IV (A, B, ~1E sly& V ~ VI. I. INVIIIO#MIN'rAL HAZAIIID~ AND IIIEIOUIII¢II AIIIIIMINT A. ~rd~M ~1~ nitur~ ~ ~e ~r~ ~ ~ ~ ~ d ~nd u~ ~i :d i ~.~'~ ~ d fr~m ~4 dM~1p~M~ ii k)und M ~(~ ~ ni~ ~4n~ Pin F~ NA - NM CrNkad _'111nl~I tl=.,,. #d I~h Nlk Normd4.ow Rilk B. W w~h i yel ~ or no ~) W iny i~.tOr.,jAM hlsW Ifid/or ~1oufol iluel rely dgnffkinUY ~ M M ~ I d~Uo~d cite ~ IglnC~li oonlu~ed, g~d~Ol d gl~t ef~d Ih¥ ffdt~ melluret under 84G~on V. AJIo, whMl ihdQ~d, 14AZAAD8 e~ 8Mvk~.eoe 8un~ys) Wind Emolk~ & BWwlapld or~. VL1, Dim hJnddon kee ~1~ M.7) u (~ (Fig. vl~) 24. ~ 28...L. Projoct 8lnlitJvl to Wltw Oulli~y I'11znrdod Milorills Ir.:l Wistes Hulrdmm Fifo ArM (Fig. VI.30 - VL31) Olhor REIOURCE$ /liv. Oo. AgdoMluM Lind Cam,,._ wne~ ~ ~ vL41 - VlAa) ~ grk~ VLOa - MJ3 & V~46- ~AA) (P~. onl,doolc ~' RMOurON MN)) DefinRk)n8/or Land Uoe luttabmty ind NMBe Ac~eptlbll~y Ratings N~ - NM AppUMMo l - OewmlyOuaeb~ P8 - U - (bMqdy Umullblo R - Rolrldl:id A - ~ ) l - Condllic, nillyAompibl. C - Germm~Lk-~=tlX~)le D - I. md UN DIKoumoed 1. OPFJ~AC~ANDOONaERVATIONMAP~NATION(8~. Areas ~. LANDUaEPI.ANNINOARFJU Southeat Territory & BUBA.qEA. FANY: Rancho Calt¢ornta 4. OOMMUNITY~~~: n/a Not Designated as Open Space & OOMMUNITYImLA~FANY: Southwest Area & O0~UNtrYIN.~~T~N(mLFA~: Coneercial. ~LIMMARYOF~AFFECTINGPROIK)aAL: SWAP Commercial policies allow a variety of uses· Generally those allowed in C-1/C-P and C-P-S. Uses should be developed in well orqantzed and accessible manner and shall be compatible with area development. me For el I~ inklclte with a yl~ (Y) or no (N) whMher ~nV public f~-qlRiel Ind/or ~ ~$ ~y $~tN a~ ol' be lilacted by the I)(,p::vwl. All referiN~ figum$ am (~ntiined In the CompreSsiva General Plan. For ~ny I88ue ,i IqJBUC FAClUTIE8 AND 8ERVlCF.8 ~ (Fi0. fv.1.4V.11. ~ k~ kc. V EJdmUno, Pinned & nmq~,':&d ~ ~ (F10. N.12 - N.13) Wmr ~ LMIiq~) mewmr (AgmmV ~) ~ 8,raM:all (RO. IV. le. w.le) mmdlf Sadore Film mY.17 - IV.18) Ichocim (NO. IV.l?- mY.18) mold rolm Fio. IV.l?- my.18) Iqmdm led IIK Jr~n ~ IV.I~ - N20) 10,.,~. r-q~mVin Trd~ (Fio. N. lO. N24/ Rlv. ~ ~OC) BomJe. E~emUln Tall Maps) 11-~%j utmIMe(Fio. N26 .IV,) la,J~. Lbahem(Rg. lV.l? Iv. le) la_J~. HooN~ kfW:,,l (IrMa. N.17 - N. le) ,m4J . Akpo.m (tn0. t t2. t,me.4, 11~ ILlLB - IL1&10 & N.2/- IV, X) DMIliir I%, ~ ,~/immm 1. eiml the mwmt imnd ume dNignlaoMm]: ~,. lMid on INi Initial Itudy, lB the ~ tie' o(o~mlmll nt with the polkdmmml d~ of h ippfolx~im dommmnt Ird Itm.ifui oOnllmlmn! with ~ Comp~ll'anllvl Oimml Pin? If not, D. if d or peal of the proJed e#e lB in 'A~M no( ~ ~ Open 8iw~", end le not In a Commurdty ~. ~,,pteto ,waatC0t~e 1, E, 8, e ind ?. Complte qulat'.0~ 4, e~ e Ird ? If It le in a ~:m~nunlty Pmn. 1. Lind uee eliegor~(iel) necleet,y 1o luppofl the r,f~pOled project. AJIo Indicite land use tyl)e ~ I D.1 cllllfl Ifom D.2, d h (JlllflnOt be f.:lOk)ld It h dl,.llol:.,.Int lilOo? F. xpllJn: Comme~'ct a 1 4. Community Plan deeigfmUo~8): ~ rh,,¢oeed project cxxmistent with the po#cle end deeignatiorm of the ~,ommunlty Pin? no4. ~xpllin: Yes lB the p~ot9t compidlble with exiting end prLpoetd eunoundino land not, explin: Yes Iliad oft thil Idlid Itudy, II Ila F,~C:Olt' oorw'itl~t with Ila Cof~afalve 6wwll Pin? If not, .._lkri~l by 6lotion lid Illla NumbM Ihole llama k:llrdtlfyk~g k~.O'll'ltlnClll: Yes, ~v'il:h m'itigatton measu~'es descT'ibed tn Sect;ton V(B) E. I el or part of the project aM lB In ~n Open 8peoe end ~Uen,laOn dlIJonition, OG,,4)'~IJ the folk,wino: 1. lih dedon/Ion(8]c the I~:Oea' oort~il~nt wllh gm dlmlgnlllm~B~ If not, eq~dn: Bild on Ihil irdill itudy, le 1he p,=p=e~ oo,"~e,llnt Idlh g~e ~.,,,~,,.ihe~elve (3eM~d Pin? If n01, ~&fBru~I I)y ~ Ind IBlUl ~ ~ keulm IdenUlyin0 IHFORMATION ~OURCE$, FINDINGt OF I~CT AND urrlGATION UF.,A~URF~ ZZ! 'B(2) LiQuifaction(Geoloaic~ ReDoft 9-7-Rq 1.]..1,.,89- I]! B(28) Biological Survey (K-Rat) 9-7-89 9-27-89 ADDITIONAL INFORMATION REQUIRED BEFORE EHVIRONMENTAL AS,IFJkQMENT CAN BE COMPLETED: ADEQUACY ffE~NO~A~ Yes 11-15-89 Yes 9-27-89 For Mch baue mid~ed yes (Y) under SKt~l #LB end N J, Meritfly the Sactk)n end ~ue number end do the to~w~. m the Ionl~t u ~:,wn bek)w: 1. Lilt ill ldditionll rMevlnt dltl Iouroel, IrNdudin0 ~91r~iis oonlulted. $. elite mpec:~ mitig~tion mMsuml, If iclentlfllble without requiring In Mwironm~tll implet repc)d (E.I.R.) 4. ff ~dditionld Inforotation b required beforl the MwironmentBJ ~ment Can be ~)mpleted, refer to ~±8eotion A. ~ If idditic)nll Iheets Ire needed to oompllte thil ilction0 c~hlck the box It the end of the ~ectic)n Bn~l mttach Z]:'[ B(2) 8C)URCES, AGENCIE$CON~JLTED, RNDINGSOFFACT, MITIGATION MEASURES: Site within Liquifaction Potential Zone. Reouested and received Geological Report. revelwed by County £nqineertnq Geoloqist. For specific mitiqations and recoKKendation see letter dated 11-14-89. No sionificant impact. III B(10,11) Site in Temecula Creek floodplain and Skinner Lake dam inundation area. Specific mitigation measures contained in Flood Control letter dated 2-5-90. lI B(14) Site subject to hiqhwav noise in the 55 to 65 dBa ranqe. This ranqe is not considered significant for a noise producing use which will not be inmmdiatel~ addacent to residential uses. Visual perimeter landscape screeninq will also provide noise buffering. No significant impact. III B(22) Ltauid petroleum ron~tderpd a hazardntJ~ material. All new qas tanks are required to be double-lined tanks.' Rtv Co. Fire Dept. ~s enforcement apency. Gasoline storage considered a normal, not significant, hazard. III B(28) Within historical habitat range of Stephens' Kangaroo Rat which is a Federally listed Endangered species. In spite of the disturbed condition' of the site a K-Rat survey was requested since the species has been known to occur on disturbed properties. Survey done by Principe&Assoc.(PD-B 45g) "_! V. INFORMATION ~OURCF.~, FINDIN~ OF FACT AND MITIGATION MF..ABURE~ (oontlnued) IV B(1) ~OUROE$,A~ENOIE$~LTED, FINDING$OFFACT, MIT10~TION MF.A~URES: no species occurance on site. Payment of 0rd.rlo. 663 fees will be required. Highway 79 is an Eligible County Scenic Highway. General Plan policies'require provisions be made for the future designation of such hiqhways by protectinq visual resources within this corridor. Mitigation measures include restrictin; on-site signage to a 7 foot monument. sign and requiring a three foot high landscaped berm along Hwy 79. No significant impact. Road and Survey Oeot. required traffic study and arranqment of access to be restricted off Highway 79 due to restrictfons on undrelying residential parcel map. See Road and Survey letter dated 2-14-89 for specific mitigations and requtrments. 11m ImCOleer oould have · mlOnllie~nt ~ ~ the .m%droe,..J~'~t. Mwm~,ar. ~ d no~ be · mlonlfleant Idleel b It~ ~ km:mLmm em ..dUgmike m~ dmmutl)ed in ~ V hm~ bede rappried to the j ec/RES12098 RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A CONSOLIDATED SCHEDULE OF FEES FOR LAND USE ANDRELATED FUNCTIONS WHEREAS, City Ordinance No. 90 - provides that the City may adopt by resolution fee schedules for land use matters and related functions; and WHEREAS, a noticed public hearing has been held by the City Council at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the schedules of fees which are identified below: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City of Temecula hereby adopts as its fee schedule Exhibit "A# attached hereto with the exception of the provisions which are set forth at Section 2 of this Resolution, and Exhibit B. SECTION 2. are not adopted: The following portions of Exhibit Section 2. Ordinance No. 348 Fees at, Ae (3) d.; (4) b. (last sentence only); (4) d.; (5) d.; (15) d.; (17) d.; (18) d.; (30) C.; (33) d. Section 5. Ordinance No. 460 Fees at, Ce De (3) a.iv; (4) a.iii; (8) a.iii; (12) b.; (14) a.(1)ii; (14) b.(1)ii; (1); (2); (4)a.ii] (5)a.ii; (5)b.(1)ii; (5) c.(1)ii; (5) d.; (6) a.(1) b.; (6) b.; (8), (9) and (10), inclusive. SECTION 3. Certain provisions of Riverside County Ordinance No. 671.4 adopted as Exhibit "A# pursuant to this resolution reflect the County governmental structure and contain reference to official titles, commissions and other designations which are not a part of the structure of the governmental of the City of Temecula. In order to -1- Jec/RES12098 effectively and intelligently administer this County Ordinance, it is the purpose of this resolution to provide for the substitution of the appropriate City official, title, or designation in this County Ordinance. Accordingly, the following changes are made to County Ordinance No. 671.4 referenced herein; A. Wherever "Road Department" or "Flood Control District" or "Survey Department" is used in the Ordinance, it means the City Engineering Department. B. Whenever "Road Commissioner" is used in the Ordinance, it means the City Engineer. SECTION 4. This resolution shall go into effect concurrently with Ordinance No. 90 - . % SECTION 5. The City Clerk shall certify to the adoption of this Resolution and shall cause the same to be posted as required by law. 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 -2- jec/RF.,S12098 a regular meeting thereof, held on the day of , 1990 by the following vote of the Council: AYES COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS F. D. ALESHIRE CITY CLERK -3- j ec/ORD12550 ORDINANCE NO. 90-__ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULAAMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO CONSOLIDATED FEES FOR LAND USE AND RELATED FUNCTIONS. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. City Ordinance No. 90-04 adopted by reference certain portions of the Non-Codified Riverside County Ordinances, including Ordinance No. 671. Ordinance No. 671 is hereby amended to read as follows: mThe City Council of the City of Temecula may adopt by resolution a schedule of fees for land use and related functions. The City Council may subsequently amend from time to time such schedule of fees by resolution.m SECTION 2. S~V~.RABI?.ITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 4. ~FF~CTIV~. DATE This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. PASSED, APPROVED AND ADOPTED this , 1990. day of RON PARKS MAYOR -1- jec/ORD12550 ATTEST: F. D. ALESHIRE City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS o 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= COUNCI I~MBE~: NOES: COUNCII~EMBERS: ABSENT: COUNCILMEMBERS: F. D. ALESHIRE CITY CLERK APPROVED AS TO FORM: Scott F. Field City Attorney -2- 1 2 4 5 6 7 8 9 10 ].1 12 ],3 . 14 15 16 17 18 19 2O 21 22 24 25 2'7 29 30 32 33 35 36 3*7 38 39 40 41 42 43 44 45 46 47 ORBINANCF. NO. 671.4 ~~o oRD~N~ NO. ~1 ~A~ The Boml or Su~rs ot ~ Coa~ of SECTION L Ordlnm~ No. ~'/1 is The purpose og tl~ts ardAnanco Le to provLde £or the ~onsolLdatLon o£ certain sgbedules o£ £eeo related to the land use Batters &a provLded got An the separate ord/nances, resolutions and rule~ o£ the County o£ Riverside ~enttoned hereAh. The meaning o£ any paz-ti~la= yard or phase appaa~Ang hereAn shall be detegnAned by re£erence to the oL~!tnance, ge~olution, or gule to whAch It rslatee. Should any res pFovAded hereAn be Fule~-An~&XAd or unenfor~eabXe, such deternAnatAon shall not arr~ the valtdAty or all. remAnAn~ fee provLeAon~. Revised: May 1990 '1 ORDINANCE 671.4 Fiscal Year 1990-91 2 $ ? ~0 ~2 14 ~6 17 19 20 SECTION 2. ORDINANCE N'O. 348 FEES The feel for Ordizlance No. 348, rel&~tnq ~o land u~e shall be &. £ollov.: ~e £ollowing £ee~ ~l~all be paid ~o planning Director ~ de~sit~ An ~e q~eral f~, ~e ~ o~ ~e ~e fl~ ~za~ re~, ~e app~pria~e ~d or gas ~x ~, a.~~ lii. ~.~~. (X~ a ~d 215 435 21 22 23 iv. Road~r~ent- ~apr~ensive ~an~r~ation 26 24 25 26 27 28 29 30 32 33 34 (2) I I I 2746 19 336 145 155 641 220 2 ORDINANCE 671.4 Fiscal Year 1990-91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 20 21 22 23 24 25 26 27 28 29 30 31 :~3) a. Genial, Fund i. Plarmi__nq D~._ paz-~ent li. ~nviron~ental Health 3815 167 531 b. Flood contz~X (_aerietaX) 435 S J e. Road Oepartment (tra££io stm~t,, if required) ............. (4) £. Road Depertn~nt - Couprehmmive. Tran. spo. r~ution_ pl ap. i. PlannLnq li. ~nvirormen~al Health ' 'ili. Fire iv. Building and Safety b. lrloodControl District plus $5 per lot or site c. Road Department (general) 641 305 3533 167 531 24 600 5 735 ! 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 .... '~ 17 18 19 2O 21 22 23 24 2S 26 27 28 29 30 31 32 ORDINANCE 671.4 Fiscal 1990-91 Fee plus $2 per lot or mite ,~.. ~.'~C~G~ (plan check) (s) 2 · ~ 000 =G1~) ~4 ~ r.. Road ~partunt - CoBpreh~lve 1~a~~tion V, b. FI~ C~I Dlstrl~ plus $Slmr lot or site c. ~d Oepart~nt (q~mi) 283 3190 167 531 24 67 435 73S 641 67 X 2 4 5 7 8 g XO X2 X3 X4 '15 X6 x7 X8 2O 2X 22 23 24 25 26 27 28 29 30 ORDINANCE 67L4 g, Road De~~ - Comprehensive Transportation Plan (6) ~t::entton of ?tl~,~_,~T'e~tsl #l~r~. a. ~eral ~ i. Pl~q (7) (8) iV* Co~p~~ivo Tnnsportmtiou Plan Fiscal Yem' 1990-91 Fee 255 261 X9 113 23. 352 2.9 3.13 641 ~8 307 19' 113 641 25 5 1 2 3 4 5 7 8 9 10 11 12 13 14 16 18 19 20 21 22 23 24 25 27 28 29 30 ORDINANCE 671.4 (9) ii. iii. 6 F~caJ Year 1990-91 4128 36 366 368 355 330 4349 38 36 366 368 3SS 340 3906 273 96 105 641 X 2 3 4, 6 7 9 10 :1.2 12 2:3 1,4 16 :].'7 '\" 20 21 22 23 24 26 27 28 29 :30 ORDINANCE 671.4 d. Road Depart:Ben1: - Comprehensive 'l~an~pc)~tat::Lon Plan i. Plannir~ b. irerod IMDmFt3Mmt: Road DepartBent (traf£io study, if required) d. Road EMp&rt:Mnt: - Comprmhmnm:Lve Trmnml)Ot-T. af:ion Plan CoupFaber.:Lye ~tion Plan Road Department: - -,[, Comprehensive Transportation .. Plan (Director's Hearing for Out.leer Advertising) Per Application Fiscal Year 199(k91 22 S90 94 641 47 253 262 31 2O 21 ORDINANCE 671.4 Fiscal Year 1990-91 Fee 1 2 4 5 7 9 10 11 12 13 14 15 16 ~, 17 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 (s) 1t. gnvlrormental Health A11. Fire Del~z'lment b. Flood ,Cg_n_~rol Dtmtri~ c. Road De~.rtment (qener~l) requiredl_, ' r. Road DeparCaent - coeur ..eheno:l. ve Transportation plan Comp~tve Transpor~ation Plan 548 120 407 4OO ·" 678 ~ - - ~ -6~U 641 44 176 641 14 8 L. 1 3 6 ? 10 12 13 19 .20 21 22 23 24 25 26 27 28 ORDINANCE 67L4 (17) ZnJ, l:lal . ~.*,:.~..,r.~ · --z_~ 000 e. ~oad Departaen~ (t~a££X~ sCud~ ~F :lquired) £. Road Department - Comprehensive Transportation Plan &. GeneraX Fund i. Planninq 11. Envir~rm~ntal H~I~J~ lii.' ~iz'~ D~p~r~sn~ iv. Butldlnq and Saf'et:y b. Flood Control District c. ~d D~partaent (qeneral) I [ F~:al Year 1990-91 1483 120 407 24¸ 400 678 641 119 3707 161 625 24 375 678 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 ORDINANCE 671.4 Fiscal Year 1990-91 Fee 355 £. Road Depaz~men~ - ConprehenaXve T~anepoz~a~lon PX~n (19) *acon~ u~t ~ i. ,,, Piannlnq De~rt~nt · IX. ~nvi~ormen ,~al_,.._Health ..... iil. ft~e,, O~_.parCnnt b. FI~ ~1 Dlot~l~ c. ~d ~~t ............................... 297 1772 .. [ ......... 3,3,..s, I 245 ' 244 d. Road ~t - .-- Coepz~bmmiye...,_ ._ _~z&mmpor~a..t_.i,_on Plan (20) ~h~-k IL~,Si:~B~ a. Gertertl ~ 1. Planntn~_.Oepar~aent 142 250 ~ma~re~m~lve Traa~rtatA~ (21) ~f.~4f,t~_ ptan of La~d Usa a. Genen/ l~nd c. Road Depar~en~ plus ,$T3 per qro~._~,a,_o~e. ..............L., ii. Znvtronm~.,~u.X.,HeaX~h ...... ill. ~in,,.l:)epa~l~ent ,,. b. Flood Control I 2O 9254 33 101 649 800 2105 10 o X 2 4 5 7 8 9 10 13 18 19 20 22 23 24 25 26 27 28 29 ORDINANCE 671.4 d. Parks e. Road De~': - ¢onprehermive Transportation Plan (22) ~li~C~tf~'~- plf, n - Ro,,,.1 ~q~Bc!f~c pl,,n &. lmad. Depar~aen': ~t~n 18.4~ LL. ~d M~~~ - (24) (25) Hon)hl a. ~eral b. Road.. _Departnon,: c. Road Depart]an': - CouPrehenoive' Transportation Plan Fiscal Year 199~91 Fee 355 740 4039 343 27 X319 59 198 X38 X06 1407 36 140 24 147 113 1 2 :3 4 5 6 '7 8 9 10 11 12 13 14 15 ~ 16 17 19 20 21 23 2S 26 27 28 29 30 31 32 23 24-- ORDINANCE 671.4 b. Road Department: c. Road-Depaz~an~- Comprehe~ltve Transportation Plan (27) Var4arh~m Filed Alone I. Plannine] Department tl. ~nvtrmmen~.al Heal~ ill. l, ize iv. B~tldXzq and. Sa£e~y Comprehensive ?rans~or~tton Plan Ii. 1~1zl Del~rt:aeal: 111. ~ Departant - Couprehenalve ~rarmpor~u~lon Plan f'a14fOW,11ta !env4~-or~&nt~al r~,,~li~v t r.l~.nA I Fiscal Year 199(~91 571 48 ~15 '79 46 1476 48 118 :372 360 3O 553 5 $ ? ~0 ].2 15 ].6 17 20 2~ 22 23 24 25 26 2? 28 29 30 31 32 33 ORDINANCE 671.4 Fiscal Year 199(~91 Road Doparmen~: - Co]11:):rebenlive TTMJopor~ution Finn (3o) ~.ue.,.,,I,,'l 1~ PtEB~ a. ~enerll !~md I. , plannhq ,.~.L:~.__rmen~: ill. Fir~ Deperme~ ..... b. Road DelM~:Bant (general). 360 44 3045 ..... ................... 19 ........... 360 - ', '~JL~ 000 - - d. Road Depaz~MnC - Couprehermive Transportation plan 244 (31) b'tr~ N~ le lq+-,qv a. ~eneral Fund i. gnvirormetal Health depoo~.t 50o (22) 2ont ~ TnfOt, l~+* fin v.a~ter &. General Fund Road EMparCaent - Comprahermive Transportation Plan (33) T~FOO l~auilv Day ~re Home a. ~ral Fund I. Planninq Depaz~nenC li. !nvirormental Health ill. Fire b. Flood Control District 18 436 78 255 400 13 2 3 4 5 6 7 8 9 10 IX 12 13 14 1S 16 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 ORDINANCE 671.4 Fisc~ Year 1990-91 Fee c. Road Department (qeneral) M~all equal 1. $ -~. ~,~.~ ,.-- -'--- .._~- - d. Road DepaFtnent (t,ra££io 8~.udy, 1£ rectaizod) 641 35 10683 36 1000 450 764 641 CoBprehermive Trmmporl~ution Plan 855 3 331 30 26 ], 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 2O 24 25 3O 3~ 32 33 34 ORDINANCE 671.4 Coaprehenaive 'ZYanaportat. ion (37) lq4n~ 1~f~v. (~z~oo~ ~ven~ vh4~-h 4! n~ ~ f~Ll~ ~n 14 f0~14 n 'i. Planni~ ii., ,_~nvironnen~al Health b. Road c. Road DepartmenS - Coeprehensiv. q_,.,..Tr_anspor~a~ion Plan bee~ !Veld before aM tl_~t~Bn~ f~oB_l~ a. General Fund ~. Plan~. X.,n_~ gep&x-~nenC FLscaJ Year 1990-91 lOS 31 27 8 424 31 ~8 34 73 6 789 15 ORDINANCE 671.4 FiscaJ Ytar 199~91 Fee 1 2 3 · 6 7 9 10 11 12 13 14 15 16 17 19 20 21 22 23 .iX. Road Deportn~nt - Compr~hens.ive Transportation Plan Road Depor~nen~ - Plan, (42) o~4n~DGp #~. 34R a. Genar&l Fund .i. plarmL-q_._Deporment 63 8S0 68 407 33 ~'. 1 2 3 4 6 7 8 9 * ' '10 11 12 13 14 15 16 1'7 19 20 21 22 . 24 26 2'7 2~ 29 30 31 32 33 34 35 36 37 38 39 40 41 42. ORDINANCE 671.4 1i. Road DepartRent - Ccaprehermive Transportation B. Whenever an application for a change of zone, permAt, or variance is terminated for any roeoon, the Plannin~ DepartBent my, ~n acco~ with the Iteltrod l:~oltoy StateBent adopted by ~ Board or supervborm, refund tees paid, upon the v~ttten roqu~8~ or ~he appllcard:. Tr any portion or the appXication rm have been *paid by the Plarming Depertaent. to another 3uriediotion, agency, or depez~aent for the pegro~ or se~viceo related to the wixl not rtrund any such portion or their roes until the other 3uriediotion, agor~y, authorizoe the mannArig De~t to do ~o. ~n the absence or ~uch authorization, it will be the applicant' · gesponolbllity to confeet* the o~her ]u~tediotlon, agency, or paid to it, An accordance with the c. The planning Deper~nent ~halX FetaAn a proceoeJmq roe or $.75 rgOa the total aBount to be gerunded. The fee~ for Ordinance No. 431, .requlating and con~rolling ~ho location and operation or ho9 ranches, .ball ha as foliova.- (1) New P~tmtt A~i~14ca~on Fee a. General Fund i. Planning OeparCnent Fiscal Year 1990-91 2 75 1639 17 1 2 3 4 5 6 ? 8 9 10 11 12 13- 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 (2) (3) (4) ORDINANCE 671.4 Tn-,~et~ on Fit &. Gener&l Fund t. pl&nn.$.n~ .Depe $16 l~r 100 hogl vJ.l:b ~tnlmm tee o£ $127 or 1:be ntmb~r o£ hogo alloyable 11. Ro~d Depaz~men~ - CbmpFebermtve ~Tarmpor~utlon Pl.m~ $1 per 100 hogs vtth & Btnlmm o£ $10 Fog&rdlesl or the nunbet og. hogs.. all .....OvAb._ _!e ........ &. General Fund 1. Plannlng Dep&rtBent ~l pozoent o£ the FoqulFod ~_~on._. t_,_N ...... 11. ~nde~ Se~ion 10(,q,)) of O~44n'r~-t Nf~.431 i. mmmin~ ~pert~n,t.._ CoBprehensiveTranspor~tlon Plan Fiscal Year 1990-91 ( 131 16 127 10 25 % 2 % 26 2 t ORDINANCE 671.4 Fiscal Year 1990-91 Fee 10 11 12 13 14 15 16 17 18 19 22 23 24 25 26 2'7 28 29 30 31 32 33 34 35 36 37 1 2 3 4. 6 7 (5) ii. Road DepartBent - couprehenoive TrenspoFr. at. ton Plan The £eee £or Ordl~nce #o. 458, relating to r. he regulation or £1ood haz&Fd ezea~ and l~ple~antJ~q the #atioaal Zlcmd Za~urance b. Flood Control Dilt,~i~. 169 14 119 410 180 119 545 180 6O 19 1 2 4 6 7 8 9 10 11 12 13 14 16 17 18 19 2O 21 ~2 23 24 25 26 27 28 29 30 32 23 35.° ORDINANCE 671.4 ~l]ON. S~ ORDINANCE. N(~,'468~ FEES. The fees for 0z~inance No, 460, relatirq ~he division o£ land shall be as follows: A. The £ollovtng £ee shell be paid to ~.be Road Commissioner and deposited ~nto the general fund: a. ~n~ral ~ 1. Su~vly ' B. The £olloving roes shall be paid to tJ~e Plarming Director and deposited into the general fund, the ruud for the Flood Control Diatrto~ or egen~F that provides the flood hazaFd ..I~,.L, the &ppFopriate road or gas ~ax ~ux~, ~u~ the Parks D~lmarf~mmt ~,md= pXu~ $6S !~r unit I~Xul $21 I~r cj'z*oss 111. ~Lr~ Da~r~ant (3J IPlood Oam~.rol Distrlot ~Xu~ $8 ~r qrooe a~z's ..... i (3) Road Deplr't:nen~ I (4) Road Depez~nent (~affio s~udy, if Fequlred) (S) Road Depaz~zant - Comprehensive Transpoz~cation Plan FLscal Year 1990-91 2S 4764 65 21 362 544 600 8 277 641 381 20 ~. ORDINANCE 671.4 Fiscal Year 199~91 1 2 3 4 5 6 '7 9 10 12 13 14 .... \~ 15 16 177 19 2O 21 22 23 24 25 26 27 2~ 29 30 31 plus $S per unit pXul $6S per unit ... iX. EnVirormen~al Health (2) Flood Corfi:FoX Dia~ric~ plus $8 per qx-cms &cre -. (3) Road Department (4) Road Empertn~n~"(~ar£ic study, i£ Foquiz~d) (s) Road D~partn~nt - Coupx~hmmive ~TanspoL~ca~Xon Plan pXu~ $s per unit c. Revised S~atutory Condominium SubdiviilonNap Filing (Within Yurs of Original Approval) (1) WAX Fund i. Planning Depar'cuen~ _.pX,.u!, $70 per additional uniC plus $22 per additiorml Envigormental Health Fire Departuser per each additional unit I .I 5 2 47764 65 21 783 544 600 8 3OO 641 381 ......... S 5131 22 203 21 l 2 4 5 7 8 9 10 11 12 14 15 ],6 1'7 18 ].9 20 22. 22 2:) 24 25 26 28 29 30 31 32 ORDINANCE 671.4 (2) Road if required) Road DepartBent - Comprahermivs Tr&rmpom~.ion Plan plus $6 per addLetone!. ,un~C.., plus $2 l~r ,,ad~._t_.t_t_.o. nal...,9~omm acre plum $22 pot each add~Lonal · ~mm .... II. lnvironsenta! Health iii. Fire Deperenent (2) Road Depertnant (3) Road Departnent.(mr£to study, if required) .... (4) Dq)L t - Couprahenoivo Transl)O.r~ution Plan plum $6 pmr &ddittonml unit o Mum tSmm~ Gener Fund plum $20 par lot plus $20 par gross acre 22 Fiscal Year 1990-91 ( 300 641 410 6 2 5X3X 70 22 203 ". 178 300 410 $ 2 2980 20 20 1 2 3 4 *S 6 7 8 9 10 11 12 13 15 16 17 19 2O 21 22 23 24 25 26 2*7 ORDINANCE 671.4 tl. .... Wnvlronmmntal liealtA ........ lii. F_/.re .D~_,paFtuenC (2) Flood.,, Con .trol ~lus $$ l~r Lot ....... (X~prov~ent plan _~___.eCk.,) ~r r~ J ~~) -~a~J~.'.~nt ] ' (4) Road Department (tra:~:i.c mtUdyo I I Fiscal Year 1990-91 362 547 600 5 _ 52 76]. 641 (S) Par)to. EM'Pamnt ............... 35s (6) Road Departnent - CoBprehenatve Tranapor~ution_ Plan 238 plum $2 per lot ..... I 2 plum $2 per q~Oll acre I 2 (x) Genera]. Fund t. PXannJ. nq 2990 plum $20 per lot I 20 plum $:30 per ¢JTOmm &cTo I 20 (3) FI~ ~trol Dlstr/~ ] 600 (3) ~d ~menC (4) ~d if ~i~) ...... 64~ (s) ~r~ ~~n~ .... I "- 355 1 2 4 S 6 ? 9 10 11 12 14 15 16 18 19 '2o* 21 22 23 24 25 27 28 :29** ORDINANCE 671.4 Fiscal Yeaz 1~X~91 ( Fee (6) Road D~p&Ftnent - coupr. ehenslve ?ranspoFtatton. P!.an ........................ 238 . p!..Us $2 per lot J 2 .... plus ,,~2 pe__F__~_0ss acre [ 2 pfs~.(~el 1~ vt~'h (4) Road Emit (~a££1c study, (6) noad*Depez~nent- * Coup,, ._Ftbmulve TTmupeFtatton Plan (1) ~eneraX Fund t. pl....annXnq ,..plus $90 per 11. BnvtronBental,,HeaX.._th 1332 86 295 547 260 3OO \. 52 318 641 3S5 107 7 1213 9O 326 547 24 ('- ORDINANCE 671.4 Fiscal 1990-91 Fee l 2 3 7 8 9 ).0 12 14 17 20 22 23 25 27 2~ 29 30 31 (~) Flood Control Dta~rtc~ (3). Road DOIMFt:nen~ (4) Road Do~t-:(traf~:l.o study, .... _:Lr_..roqu:l. rod) Parks .~.. ~__r~men~: (6) Road De~~: - 'Comprehensive TranslMrt:atton plan ,,_pltm.$7 l~r lo~ (1) oenoral Fund i. planninq Departnen~ pXu~ $84 imr ~aah addil:ion81 xo~: 11. ~aVi~onmeM:aX HeaXtb ili. Fir~_..,_D~_partment (2) Road Dep&r'c:uen't. (3) Road Department (r. nrr:!.o .~-udy, t£.._...required) (4) Par_ks IMpart:Bent (S) Road DopefOment - ....... C..om)rehensive 'fT'anaporCation Plan plus $7 !~r each additional lot 300 5 318 641 3SS 97 7 3S1 84 101 1S9 248 641 178 28 7 351 ORDINANCE 671.4 FL~caJ Ye~ 199~91 ( 1 2 4 5 ? 8 9 10 11 12 14 15 17 18 19 2O 21 22 2] 24 25 27 28 29 31 plu~ $44 peg each &dd:Lt:Lonal ii. gnvironuental Health iii. Fire Depaz-tnen~ (2) Road Depaz-tment: (3) Road rmpertzent ( -arfi otudy, i£ gecrui~ed) , ..(¢) P&F~ Department (s) Road. IXpaFtzent - _. ¢ouprehenalve Trmmpoztatlon Plan plus $4 per each. additional lo~ lot (3) Road IMpart:rant (tn~£io study; if reckired) ' (s) Boed ~t - Ccml)reheno:Lve 'ZTansportat:Lon Plan R-~. R-4 oT* R-6 (%) Genen% FUnd i. Planning Dep&rtmen~ 44 101 170 318 641 178 28 4 414 100 101 113 318 641 178 33 8 2857. 26 1 2 '3 4 S 7 8 9 XO X2 X:3 ],5 1'7 18 '19 2O 21 22 23 24 25 26 2'7 28' ORDINANCE 671.4 plus, $82, per 10t ........ -/u~...._S20 oer a~oaa ac~e (4) Ro&d. DeEmS:meat if riceired) (~fic stmdy, (6) Road DiplEt:lent - Compreheusive ' Trarmportation Plm~ lb-4 ~ R-6 E~nt (X) General Fund i. ....~X~nnX~ Depertmen~ ................ · plus $90 per lo~ ,.. ' ......... plus $2X per~-oss acre iX'; ~viron~Mml Health ................ ill. ~i~_Depe~c~nt .......................... iv. ,eUildinq and Safety ......................... (3) ~1ood, cone, FoX 10t ($) Road De ..~rCne...n._t_ ...... (4) Road Depar~nt (traffic atmdy, if ~ir~) ....... Fiscal Year 1990-91 82 20 362 S44 600 S 641 3SS 229 7 2 I 4990 90 21 362 544 24 600 5 896 641 27 1 ? 8 10 11 3.2 2.6 1'7 18 20 21 22 23 24 26 2'7 29, 30 ORDINANCE 671.4 (s) Road Degart~ent - Cosprehermive 1~'an~po~'cation Plan plus $7 pot lot plus $2 ~r ~oss acre pl.u~ $82 per lot plus $20 per ~ross t.1. Znvi. ronmen~al aealtl~ tit. Zire De~rt~en~ t"lood (kmtrol Dill:riot plus $5 per lot (2) Road (4) Road Department (tra££:tc study, :L£ required) (S) Par]co Deplzl:nent: (6) Road Oeperment - CMmZ)rehenmive 'ZXanmportat:ion Plan plum $7 per lot ul~m $3 per g~omm a~*re plum $62 per each additional lot Fiscal Year 1990-91 Fee 399 7 2 28S7 82 20 783 S44 600 5 896 641 355 229 7 2 2798 62 ORDINANCE 671.4 Fiscal Year 199~91 Fee 2 3 4 5 7 8 9 10 12 13 14 15 2.7 19 20 21 22 23 24 2~ 26 27 28 29 30 · '-t:,B-'-r ear, h additiormX lot I plus $3 per each &dditionaX greao e. RflX,LStd m~k44v4~ion ltu9 fW4~'h~n pl~ $62 ~ ~ ],9 203 159 318 641 5 2 2798 62 3.9 203 178 318 641 224 2 29 ], 2 4 5 6 '7 8 9 10 ],2 ],4 ],5 ],6 ],'7 ],8 ],9 20 2], 22 23 24 25 26 27 28 29 o ORDINANCE 671.4 Veet:4 n~ T&nt:~t:4 v~_]~R a. Vee~tna .q~t-t:ot-y Con~o~4 ~n~ivt~ion Ma~ Ftlin9 (],) ~Mral Fund (4) Road [mlmrtm~nl: (l:=&£fio study, ir rs~ir~d) .............. (S) Pur~ Depaz~Ben~ (6) Road plu~ $7. pe~ unil: (l) ~mmr~l ~. ~XmmJ~q plu8_ $88 ,per (2) ~1oo4,,_~ontrol,,D,!!trict pXus $57 per lot (3) Ro~d .!:~..parl~en~ Fiscal Yea~ 1990-91 Fee 4983 90 25 783 544 600 63 974 641 355 399 7 2 4846 88 2], ?83 544 600 57 974 q 1 2 oo ? 8 9 10 11 12 1:3 14 15 16 1'7 18 19 20 21 22 23 24 25 ORDINANCE 671.4 (4) Road DepartBent (t~a£fio study, ..... _Lr_,, ,._r _r _r _r _r _r _r _r _r~red) (s) par~ Depagtment (6) Road DopaFtnent - , ConPreh.ensXvs TrmmportatXon Plan plus $7 per acTre plu~ $84 per lot. plus $20 per qro~ &ors 11. Znv~ron~n~al Health 1tl. Fire DepeFtnent (2) Flood Control Dtstrto~ plus $57 per lot (3) Road DopertMnt (4) Road Department (tr~££t.o study, if required) (S) Par~o (6) Road Doper~-_snt - couprehermivs ~Tsnspor~ation Plan plus $7 per lot plus $2 i~r gross acrs Fiscal Year 199~91 Fee 641 355 388 -"[ .......................7 4698 84 20 783 544 600 974 641 355 376 7 2 31 1. 2 :3 4 S '7 8 9 10 11 12 13 14 1S 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 :32 33- :34 35. 36 ORDINANCE 671.4 C. The follov~ng fees shall be paLd to ~he Planning Depar~uent and deposXtod In ~he general fund or approprXata Road Department or Flood Control Distrio~ lh~nd: e. General Fund I. PXan~lnc/ o. ~~t- ~.~~ ..... (3) a. Ge~eral~ 11. .....,~z~,. J.ronme~tal Health til:,._Fire i~t (4) Wi~h WstvlF ~f Fins1 a. General Fund i. Planning DepartBent plus recordation feee Fiscal Year 1990-91 Fee 3:31 215 126 26 93 7 356 23 104 28 IO0 ORDINANCE ~71,4 Fisca] Year 1990-91 X 2 3 4 5 6 7 9 10 13 14 15 17 xg ~0 2X 24 27 21 ~g :3O 3X a. ~m~ar&l ~ (6) &. ~4neru~ Fund ii. Ccmp~lvo 'i'rans~ort:at:ion (7) &. ~aral Fuml ]toad Del~-tment: - Comprehensive ~z'~.at:Lon (8) a. ~neral Fund i. plmml~ DepartBent iX. Ii!V_. ironm~ntal Health b. Fl~d Co~t~..,.1,.,.Distriot.. c. Road Depaz-~men2 d. Road DopeFtnent - Co~pr~hmmive ~ransportation Plan I J 1,04 8 268 2:1. 274 22 187 104 15 430 :20 3O 138 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 19 2O 21 22 23 24 26 27 28 .*,... - . 29~** .. 30 ORDINANCE 671.4 Fiscal Year 1990-91 Fee (9) ii. ,., Firs 470 --[ ........... 104 .... ............. 124 641 d. Road D~mz~m~nt - Co~pr~b~mive l'r&nlpor~lon Plan (10) &. G~ral Fund I. Plmmlnq, b. Pa~ad D~rtm~nt l~ ~qaXr~) ,. d. 9zmd DEt!~r~m:- - Cospz~hmmive t~um;mrtation Plan (11) Xe~qe~ of Cont(qu~,l ~l~tll a. ~ Ftmd 111. P,g~d D~ptrt~ant - C~m~z~mmtve l~mport~tion .(13) n~t. nt,,n ,,-, ~,-~q~e a. Oenmq~ l~nd i. Planninq tlt. l'lr~ ~t 38 459 104 124 641 ( 37 494 500 65 4O 392 104 34 1 4 9 10 11 12 13 14 15 1'7 19 20 :21 23 :24 26 2*7 2~ 29 ~0 31 32 :33 ORDINANCE 671.4 Road Department - CouprehmmXve ~TmmpoFtation Plan &. General ~ X. Planninq Deparlment Plan vitro $18 ~r lot ~ba~qe pltm $10 ~ gro~ a~ee vlu~ r~cordatXon £E~ Road DepartBent - Coupz~bermive Tnnapor'l:,utXon Plan plua $1 per lot ~hanqe plus $1 per qrooa a~re bo ~SlJIBI o (x) ~eneru2 ~. pX~ $9 ~r ~ acre pXu ~o~tion tee XXX. Road Devar~ent - CoBprebermXve 'ZTmm*por'catXon plu~ $1 I~r 35 Fiscal Year 1990-91 32 183 15 1709 18 10 137 1 1 1592 16 g 127 1 2 4 5 ? 8 9 '10 11 ].2 14 15 X7 19 20 2X 22 23 24 25 26 27 28 2g 30 3X 32 33 34 36 37 ORDINANCE 671.4 Fiscal Yeaz 1990.-91 ( Fee pXu$_$_..z,,,_l~..r gross D. The foXloving gHs shall be paid ~ t, ha Road coBaLso:Loner and daposltod :Lnlco 'the general ~d, t~e gas tax fund and ~be gund £or the district conduction the £1nal (3) (4) CS) &. Road Do~L'I:BorI~ .......................... 147 as rdnmra% lfund AU,. Itoad Oepartnen'C - Conp~enaive T~tnapartaCJ. on Plan .......... 8 .... pluq,._0_.per q~oao a~e ..... _o, ~,~hedula ere (1) General Fund 36 4 S ? 8 10 11 13 2.4 15 3.'7 ~8 19 20 23. 22 23 24 2S 26 2'7 28 29 :30 r ORDINANCE pluo $1..,,, per ili. ~oad Depart]~ - '~lg~easive .Transportation (~) ~ fund ili. ~ Plan plul lot: OcmvLuh urmive ~xaz~por~.at19n Final Year 199(~91 Fee 1 1470 8 0 54 1 X360 4 0 54 2295 4 0 ~ ~) 37 1 2 6 7 8 9 10 11 12 13 14 ~ 16 18 19 2O 21 22 23 2S 26 2? 28 29 20 ORDINANCE 671.4 (6) ~re~ea~ive 1%~l~oz4~tlon plus 0 !)er lot (1) ~ ~,?'~-~ pXn~. $10 £or oath eddltlonei 8treet Fiscal Year 1990-91 10 101 '~' 1 1205 8 7O 10 38 1 4 5 ? 8 9 10 ~2 ~4 ~5 18 20 21 22 24 25 26 28 29 32 34 ~? 39 40 (9) ORDINANCE 671.4 bo (1) ~o~d De~t -.c~ckr'~.~..~ added du~ plan (2) Floo4 ': T'~. DLltr:Lot: (l) ~ .:~-: ~.~,,: _~,~ $XSbO or ~ ~t of coat (H &pproved~ ~:.~ Road $S5 per p.~m~t or Fond and public improvements (2) Flood ConLTol Dio~ric~ I ~ezoe~t o£ bonded v&lue of .a~n~a~ned Flood Control 39 Fiscal Year 199~91 52 5S 2 % 3 % x% ORDINANCE 671.4 Fiscal Year 1990-91 Fee 1 2 3 7 9 10 12 13 14 ~' 16' 17 18 2O 23. 22 23 ~urv~v Non,,-Int /'tl1,4 Tnl~41,,.t~ on Schedule &-C and g. 1) General Fund Survey Survey $2 oorqroa8 acre pluo S.$o 200 c. Schedule' JP-R (3.) General Fund A. $uz've¥ plus $~ (2,) i. plu~ $. so imr graco a~re over 200 ($2, SO0 )fexLmm) (1) General ~ Survey SO E~'oe~t o£ origLnal ~ee 635 2 865 .SO 340 20 740 SO 50 % 1 :3 4 5 6 '7 8 9 10 11 1:3 14 15 16 17 18 19 20_ 21 23 24 25 26 2'7 28 29 30 32 3:3 34 35 3*7 38 ORDINANCE 671.4 5UBDXVXBXON ~ ~1. l£ · ~en~u~lve ~r&c~ Bap is subaired ~o the Planning Director vl~.Aln 90 days or the expiration date or an expirod recordable subdivision mp on the oaue p~ end the nev tentative tract nap ie no di££eren~ than the 1JJw8 o£ the ~eLred nap, tim land divider shall imy per lot: plus $15 per qros8 a~ro (2) Flood ControX Dio'l:rict plul $SperXot (3) Road ln Lleuo£ the Filing FeesProvidod £or H~l~L-£aBAlyReoidential tracts in plm · and b or Paragraph I o£ S~S~~~~ B of thin ~ction, the FolXovinq Foeo ohaXX be Paid: (1) GeneFal Fund a. Planning Dev,_r~ment FiscaJ Year 199(~91 1681 15 15 60O S 150 134 1 1 1829 41 ORDINANCE 671.4 Fiscal Year 199(~91 3 4 7 9 lO 13 15 17 19 20 21 22 23 24 25 :26 27 28 29 30 32 33 plus $16 per qross acre (2) Flood c0__n,~rol Dls~ric~ plus $8 per gross acre (3) Road DepaL-~nen~ .... (4) Road Departnen~ - ComprehensiveTrunsl~.,r~uCion Plan plus $1 per .gross .acre .... Tn Y.(i. of Pht riltrl~ r~ Pt~Vtd~ plus., $1 per_!o~ tt. Survey plus $5 per lo~ -I Road Deparmont - Comprehensive ?nnspertat:.:Lon. plan plus 0 per lo~ (2) ~~,~-v ~nd~Lld]LlflU plus $1 per 1., .o~ .... 11. per gross acre over plus $25 per gross am ($1,2$0 ..m) ........... Road Deparmn~ o Compr~eneivoTranspor~u~/on Plan 16 600 8 150 146 101 1 603 S 8 101 1 6OO 25 8 42 2 3 4 6 8 10 Z3 ~4 ZS 18 lg 20 21 22 23 24 25 26 27 28 2g 30 32 3S ~6 ORDINANCE 671.4 plUS o ~r ~_.o,,t ...... For ~he purposes or ~hi8 subset/on, an expired recordable subdivision mp ~1 m~ ~ app~ ~~ive ~ mp for s~LvLsLon up ~111 M Male ~ ~ hd hovevet, %£ ~he land dL_y_vLder morns any · changes or alteratLon~g6 ~he ~8n~a~Lve or r~% M~ or ~ ~e ~~~t p1~ ~ m ~ ~ ~ ~t of s~~i~ A ~~h D of ~io S~/on. Year 199~91 43 ORDINANCE 671.4 F~caJ Yea~ 199(~91 Fee 2 3 4 6 7 8 9 10 11 12 13 14 15 18 19 2O '~ 21 23 25 26 27 28 29 3O 31 33 34 3S 37 38 39 4O 41 42 43 44 1 11 75 X 2 3 6 ? 8 9 XO : 12 14 16 17 19 ~ 20 ~ ~-.'~ '2:!. 22 23 24 25 27 28 29 3O 32. 32 34 35 ORDINANCE 671.4 SECTION 6, OItD~CE ~ EEE5 The £eae £orOrdXnance No. 546, FelatXngto l~e County Fire C~le£ and depo.ited Xnto tbe general £und, and .ball be ao I. ,Zize De~az~ment (2) ~Jit:a X~iona rWhare Reauir-~.l a. ~4dwnl rbnd I. Fire DeDaz~len~ (s) r. J3~ ao Genori~Fund (6) -Hood-!Mat:e Syatou Plan Check (7) Z~L,Lgsro,~ ?nsue,~ ~ on ~o~* ao ~eneraX Fund :L. Fire DoperSmane Fiscal Year 1990-91 558 2.38 84 560 558 354 138 4S -] 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 ~ x8 20 21 22 23 24 27 28 29 30 31 32 33 34 35 36 37 ORDINANCE 671.4 ~ .qAeetv Tni. Dec"cionl (r.,c:anlla &.6 or (X) GenereX Fund a. Fire Depa~caen~ (1) General Fund a. Fire De~ar~aenC (2) ~Jll~ton fm~ ~hmn~e tn a. General Fund i. Fire De~artaen~ (4) Fo~ ~ ~w ~ Tnl~f~*,~n a. ~ .h~ 9.499 an.~. (x) ~x ~ (a) eo ~,e~-al Ftl,-Id I. Fire Depaz~nen~ (3) ~ (1) eeae~a], ~ a. Fire Depar~aen~ FiscaJ Year 1990-91 Fee 81 162 81 4O 16 58 82 124 124 82 46 2 3 4 5 ? 8 9 Z0 Z3 Z4 Z? ~8 20 22 23 24 25 26 28 29 30 32 33 34 35 36 ORDINANCE 671,4 b. q.oo0 .q~. ~. o~ (~) GenoraZ Fund e. Fire a. F~re ~pa~on~ b. q.000 ~t~/lJ~. ~F ~ (x) Gener~ fund .. a. x,:tx*e n~m~ (S) e. Gene~al Fund .' plue $2 per uni~ (6) Mobil& Hom~ RV PaFJm:-- Tn~-4dIG~LL_ &o GeneraX Fund I)X%~ $3 per olde-ove~ 20- tank over l (2) 11~te~ ~v~teB ~1 (3) ~1a1 XM~ionl (~~ i. Fire 47 Fiscal Year 199~91 Fee 124 82 124 82 3 82 3 121 208 32 171 121 2 4 5 6 9 10 12 14 15 16 19 2O 21 22 23 24 :26 2'7 28 29 30 32 33 .. 34 35 36 3*7 ORDINANCE 671.4 sgcI~ON 7. ORDINANC~ ~ FEES The fee, £o= OL"dJ.rmnce No. 547 r~l&ting t:o the :Lnple~ent&tion o£ the Alquist-PTJ. olo Speci&l Studleo Zone8 Ac~, cheil be u ~'olloMo: &. Gene~&l 1from J.. ,_p.1._..a~inq Deparl:aent for · paz~el 10 acFee ~n also or less plu8 $16 for each ad~ltlonal._.a. cre to · mtaun .,_~e ;r $627 ............. ii. CoupFehenaive Trmuportation £or a parc:el 10 a~reo ~n oJje or Zese pZu~ $a for esc~ additional a~Te to a mt~m foe of $50 "- &. General lPund i. Planninq Department pXuo an additional $324 upon SUbBillion tO Stato GeologJ. rl: of regmlBendation or approval o£ wavier by County._ _G_ep. !..oq!ot.. CMmpzeh_.enaive Trmmportation Plan pXu an additional $26 upon 8ulmlooAon to the Slutte Geologist or reeoBBem~tion or approvaX of rayleg by County GeoXogist.. ........... FiscaJ Year 1990-91 1' 451 16 627 36 5O 58 324 5 26 X 2 4 5 7 8 10 13. ].2 13 14- 15 :1.7 18 ].9 20 21 22 23 24 25 26 27 28 29 :30 :32 ORDINANCE ~?L4 The tees for Oral b. ~1ood Control £. Roed DopaZ~B~t - ' (~) b, Road De~~t ...... (2) d. Boud hrp&t~Bent - Campfire Tranop0, rt&tion Pl.,&n ...................... b. Road Departm~t (Tf road condition appealed) Fiscal Year 1990-91 3723 20 24 450 643, 355 298 1727 42. O 64]. 138 307 62 4g ORDINANCE 671.4 FL~al Year 1990-91 1 2 6 7 8 9 XO 12 X3 14 16 x7 19 20 22 23 24 25 27 28 29 30 31 32 33 34 36 37 38 (4) (5) (6) c. Road Depart~en~ - comprebermive TransL_~_~_r~atXon PXan a. General Fund ~.. aui, XdXnq and Sa£et¥ ~Llble'fitt ~1 1:. PXannJ~q EmlmrCnent Road Deimrtaant - Coapgehensive TTarmpor~atton · Plan .... a. GeneraX Fund ~zebe~ive ~he £eee for Ordimin~e !(o. 559, z~la~ing to the removaX o£ ~.~eee, abel1 be as £ollovl: (2) or note Native &.. ~enex~X Fund C:~__enaive~ne~~ton 5o 25 113 199 16 785 63 214 27 1 2 :3 4 5 ? 8 9 11 13 14 1.7 20 22 23 24 25 26 2'7 28 29 :30 :!1 :32 :3:3 ORDINANCE 671.4 Fiscal Year 1990-91 The fees for Ordinance No. 578, providing for · he sstabliMment of historic pre~ezv&t/on clis~ric~c~ sh~ll be &s foilova: (3.) (2) &. General Fund 1. plann..h~ Deuarmant C:c~re~ermlve Transpotation a. Gauaral Fund t. Plarminq Depari:~ent t:1.. Coeprehensive ~sportatlan plan 189 111 15 106 8 ~he fees for Ordinanc~ No. 650, regula~ the discharge o£ storage in the (1) 89 51 ORDINANCE 671.4 Fiscal Year 1990-91 Nee 2 3 4 8 10 3.1- 12 13 14 16 17 19 20 21 23 24 25 27 29 30 31 32 33 34 35 37 (2) (3) (6) 89 37 37 346 173 136 X 3 4 5 '7 8 ~0 .14 15 16 17 18 19 20 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40. ORDINANCE 671.4 (7) 1. ~wl~orment~X Re~ltl~ l~r lo1: (g) 1. ~Xzormen~l He~lt, b The foes for 0zdAn&u~ I~o. 653, eotab'Xlohing fees for exaBAnatXon of Re~ord~ of Suzvey and corner Recordo by the County Surveyor ~]~11 be as rollram: (3.) (2) &. 6eneZaX INmd ~1~ z~-oz~incl fee 1. survey Fiscal Year 1990-91 27 67 73 36 600 7 53 1 · 5 ? 8 10 12 12 14 15 17 · \ 19 29 30 31 33 36 37 38 39 4O 41.. 42 ORDINANCE 671.4 ~ON 13... Rules for Rfurslde County lmplemengny. the Ca~fornfa EuvfronmenUl (~al~'Act' (CEQA) The £ee· ·rid %%R d·po·~8 £or envlFormen~ul review pursuant Co ~he "Rulo8 £or BAyerolde ~nvlron~en~al ~uallCy .linc° s~all Me as £ollovl: 'B. county ~leaen~i~ ~Ae Call£orni· ~nviz~aaea~al ~alit~ A~ (C~), unle# an Xnl~Lal aM i· ~ ~o deteruine if ~he protege is exeup~. 2. county pro~e~:o ~en ~he fee viii be condition of al~roval on · previou~l¥ approved alelibation. The feee required for reque~J 'to condu~t XnAtLal Itmliee relatin9 ~o the (2.) a. 6erietaX lqtml plus $S per ·cre Co a Baxlmm or $2179 iA. Couprehenolve ~Tanspor~atlon Pl·n 54 Fiscal Year ( 1990-91 594 5 48 X 2 3 4 5 7 8 10 1:3 14 3,5 17 23 24 25 26 (2) (3) (4) ORDINANCE 671.4 a. ~eneral Fund X. Plannlnq Del~ur~Bon~: 11. J.. PX~ Deuertmnt: 11. CoBpre~erdive Transpor~u~ion Plan a. GenorLL Fund 1. . Plannlnq ' DoG4z~BenC plus $5 ;er ciTeas acre t:o a Bnxlmm or $2o61 Plan plus $0 per groaa acre FL~tl Yea~ 19~91 420 S 1997 278 34 0 22 207 17 568 5 2061 45 0 .) 55 1 2 4 5 6 ? 9 10 11 12 13 14 15 16 17 19 20 21 22 24 25 26 '27 29 30 ORDINANCE 671o4 Whenever ~vo or Bore applications are riled concurrently by ~he am applicant for ~he same propeL~cy, only one tee for ~he preparation or ~ ~n~ial S~udy ~11 ~ re~ir~. C. ~he deposits required for ~he preparation of ~.he draft B]3~ shall be paid to ~hm Plannlncj DepaFtaem: as £ollov8: (1) tl. EnvironBengal Health (2) Comprehensive Transpotation Plan a. General Fund i. Plannin~ De~wtaent AL. RnvLrormen~al Health 111. Parks Department Iv. load Departm~t - I Fiscal Year 199(M91 Fe~ 6202 154 422 496 1021 154 422 82 2 3 4 S '7 8 ~.. 10 2.2 ].4 2.5 20 22 2:3 24 26 2'7 28 29 3O :32 :34, :35 ORDINANCE I71.4 D. The £oeo £or~ho preper&C~on of ~ £ollovLngenvLronBon~ul rE~or~mXlbe pe~d to~he plennLng~~ao rollova: (:L) (3) pluo $366 vhon submAnhood ~o c0uprobonoLve Trinopo~on :L:L. Road De~4~cmmt - CouprehensLve 'A"unsPoFUtLon Plan Fm~l Year 1990-91 53.6 734 41 2 58 121 366 10 29 349 28 57 1 2- 3 4 $ 7 8 10 11 12 13 17 22 23 :24 25 2~ 27 26 29 30 3:3. 32 33 34 35 37 (1) ' (2) ORDINANCE 671.4 Fiscal Year 1~)0-91 ?he fees required for an appeal o£ the deteraination to require an gXR for · pro~]e~-~ shall be as follovl: ~oad Deparment - Couprehensive VXanspor~t/on Plan a. ~e~e~al lhmd A. PX'anninq AA. ~ad Coupreberdive Plan 93 7 XXS The £eel £or Agric~A~mFal Pztierve App~i~ationl pursuant to the IWleo and ReguXationo Governing Agri~turLL Preoervee in Rlver~Ade County shall be a~ rollins The appropriate £ee, a~ 11~:ed belov, not ~etSmdable: (x) per ooM:rao~upon av~.oval o£ application (non-refundable) 1371 103 103 58 1 2 3 o S 6 ? 8 9 10 11 13 14 15 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 :34 3S (2) (:3) (4) ORDIN&NCE 67L4 plus $8 ~.r,,___mmer' · ~etit/on $8 per contraot upon approv~l or app.!..l,~..tion (non-refundable) plus $0 per,.,..,__~~ ~oad Depeztl~t - Comprehensive l~ms~ortation ~9~.4~,,1~,~11 PI'e~e2've (Xuulieation a. GeBoruA l~nd i. Plyming Deperiment (non-~i%md~ble) ................................... iA. Co~rebensive 1~mupor~ution Plan Fb~d Ye~ 1990-91 110 8 6 · 103 103 8 103 8 1245 100 S9 1 .2 3 4 5 ? 8 9 10 11 12 13 14 15 16 1'7 19 24 2'7 29 :3O 31 32 33 34 35 36 37 38. 39 ORDINANCE 671.4 (5) (6) ~uu~vi-or- rni~t~tt~U NO Fee a. General Fund ~. ..... pl_Mmtnq__Dgpa~ent Road Dol~ur~men~ - Co1-pFeherm:Lve 'l'z-mmpoL-P.a~::Lon Plan The £m £orRe~olutlon #o. 85-330, £1xlng pro~dur~ to v~te ~nd &ooept County _ hAghtm¥o ~nd property o££~d for dodl~tlon, depoeA~ed Lnto ~he General Fund, and ohall .be u £~11ov8~ a. Germz'81 Fund .~,..__.su~vey &. GWNI~I~ fund i. Survey DXUO $65 pe~ II:reet ~ a. Gener~ ~ i. Survey FiscaJ Year 1990-91 ( S3 4 4155 920 210 65 65 6o 1 2 4 5 ? 8 9 10 11 ~2 13 ~4 15 17 18 ~9 20 21 22 23 24 25 27 28 29 30 32 35 26 40 42 ORDINANCE ?L4 ~r~o~ ~ on pl~~ ~om~on relat~ ~ 1~ ~ mtte~, a. ~ ~ Co 61 Fm~l Year 1990-91 27/hr. 4s/hr. 1 2 3 4 S 6 '7 8 9 1_0 12. ].2 13 ].4 15 1'7 18 20 21 22 23 24 25 26 2'7 28 29 :30 :3]. 32 32 24 :35 :36 3'7 38 :39 40 41 42 42 44 SECTION 2. This Ordinance shall take effect 60 ds~ after ti~ date of adoption. GERALD A. MALONEY Clerk of the Board BOARD OF SUPERVISORS OF THE COUI, OF ~E, STATE OF CALIFORNIA (S l) 62 1 · 5 ? 9 10 11 ],2 13 14 15 1'7 18 19 2O 2/, 22 23 24 25 29 3O 31 33 34 35 36 3'7 38 39 4O 41 42 43 44 45' 46 STATE OF C,U..I~O~ ) )-. CO~ OF mV~D~) county held on "' ,19 , the fore8oinf oralr,-,~e consisting of AYES: NOES: (s~) orE~TL4 CITY OF TEMECULA ENGINEERING DEPARTMENT LAND DEVELOPMENT/INSPECTION SERVICES FEE SCHEDULE (JUNE 1990) Leclal Documents Lot Line Adjustment Certificate of Correction Certificate of Compliance Conditional Certificate of Compliance Certificate of Parcel Merger Vacations Summary/Full Document Clearance and Processing Condemnation (initial deposit) Reversion to acreacje -* Main) Gheckinq $600.00 $600.00 $6o0.00 ~6ooooo $6oo.00 $800.00 $200.00 $2,000. O0 deposit $750. O0 Parcel Map Monument Review Tract Map Monuaent Review Amended Map (parcel i; tract) -.; Ilth and subsequent submittals $750.00+$20/Iot 5~ of mon. bond or $250.00 minimum $750.00+$20/Iot S~ of mon. bond or $250.00 minimum $200.00 per sheet $100.00 per sheet FEIU Study Review (CLOMR. LOMR) LOUA $6,000.00 ea. $2,000.00 ea. Drainage (Prior to project approval) Traffic (Prior to project epproval) $1,200.00 up to 150 8C. $2,~00.00 over 150 ~C. $780.00 PLAN CHECKING The initial submittal of improvement plans end final maps for Engineering Dep-~e.~t review shall be accompanied by the design engineer*s construction cost estimate (based upon Riverside County Road Department unit chats) end full payment of land development checking fees as specified heroin. The City Engineer shell prepare the final ~onstructlon cost estimate and establish the final plan check fee. Should the initially submitted plan checking fees be determined to be inadequate, the balance due shall be paid prior to the approval of any maps or plans. -1- June, 1990 Improvement Plans On-site Off-site Revisions Gradincl Plans One lot residential Plot Plans, Conditional Use Permits, Public Use Peruits Stockpile Subdivisions Rough Grading Plan (Total cost of construction) First $20,000 q% Next $80,000 3.5% Over $100,000 3.25% ( Total cost of construction) First $20,000 #% Next $80,000 3.5% Over $100,000 3.25% $2oo.oo or as directed by City Engineer the $300.00 (0-500 cu. yd.) $500.00 (500 cu. yd. and above) $500.00 (0-5,000 cu. yds. ) $750.00 (5,000-100,000 cu. yds. ) $1,000 + $50/for each addt'l 10,000 cu. yd. over 100,000 $300 (0-500 cu. yd.) ~0 (5,000-100,000 cu. yd.) $500 (over 100,000 cu. yd. ) $500 (0-5,000 cu. yd. ) $750 15,000-100,000 cu. yd. ) $1,000 + $50/for each addt'l 10,000 cu. yd. over 100,000 -2- June, 1990 Precise Grading Plan $511ot (0-50 lots) $250 + ~11ot (50-100 lots) $~50 + $311ot (over 100 lots) Plan Revision Landscapinc~ Plans (CSD) $200 or directed by City Engineer On-site, off-site 1-3 submittals ~ rtn & submittal ~ of cost estimate $100/sht. INSPECTION AND TESTING Engineering Inspection and Testing fees shall be based upon the final construction cost estimate and established as specified herein. All fees for inspection and testing shall be paid prior to the issuance of the permit. Improvements Off-site (Total cost of construction) On-site (parking lot) Overtime Inspection First $20,000 ~.0~ Next $80,000 3.5% Over $100,000 3.25% Cost + 10~ Landscapinq (CSD) 1-3 submittals eth return and submittal q% of cost estimate $100/sheet Rouc~h Grading 0-500 cu. yd. 500-10,000 cu. yd. 10,000 & above cu. yd. $250.00 $350.00 $7OO.OO Soils Testinq Subdivision per lot retest Cost + 10% Cost + 10% Trenches Mainline g Laterals I test every 300 linear feet Cost + 10% -3- June, 1990 PERMITS Pools Prior and post construction Gradinq 50 cu. yd. or less 51 - 100 cu. yd. 101 - 1,000 cu. yd. 1,001 - 10,000 cu. yd. I0,001 to 100,000 cu. yd. 100,001 cu. yd. or more Construction Concrete sidewalk Pedestrian Benches Bus Stop Area Drainage Structure Bridges Parkway Drains Concrete Gutters Street Lights Driveway / Commercial Driveway/Residential Curb/Curb & Gutter Excavation/Street Xing Excavation/Parallel -q- $100.00 $15.00 $22.5o $22.5o for 1st lO0 cu. yd. $10.50 for each eddtq 100 cu. yd. $117.00 for 1st 1,000 cu. yd. $9.00 for each addt'l 1,000 cu. yd. $198.00 for 1st 10,000 cu. yd. $zlO.SO for each eddt'l 10,000 yd. $562. O0 for 1st 100,000 cu. yd. .- $22.50 for each addt'l 10,000 cu. yd. Issuance Fee $25.00 $50.00 + 0.05/LF over 100' Issuance Fee $25.00 each Issuance Fee $25.00 + 5% est. cost Issuance Fee $25.00 $500.00 each Issuance Fee $25.00 5% est. cost Issuance Fee $25.00 $tlO. O0 each Issuance Fee $25.00 $50.00 min + $0.15/LF Issuance Fee $25.00 5% est. cost $100.00 ea. $75.00 ea. $75.oo $125 min or $1/LF $125 + $.25/LF June, 1990 Other Permits Block Party Movie Filming Tree Trimming Optional Monthly Blanket Permit | Utility companies only) Service Cuts Main Line USA Service Street Closures Pedestrian Protection Blockwall ( incl. retaining) Miscellaneous Construction Transportation Peruits Oversized or Overweight Vehicles SPECIAL DISTRICTS ADMINISTRATION DIVISION Land and Assessment Division Applications with amended assessment diagram without amended assessment diagram Special Districts Formation/Application Issuance Fee $25.00 Issuance Fee $25.00 + $50.00/day Issuance Fee $25.00 + $25.00 each Issuance Fee $25.00 + $10.00/cut $25, + $1/LF of excavation $25, + $1/LF of excavation No Fee $25.00 + $50 for ea. calendar day of approved closure $125.00 $25, + 5% of cost estimate $25. + amount deter- mined by the City Engineer Annual Permit $60.00 Single Trip Permit $20.oo $375 + $15/parcel $575 + $15/parcel $2,000 initial de- posit + 1% of bond issue cost -5- Sht. lo[ 4 ~ set:em~ (xol,) (100% of ro~P~i~d~n ~) (50% o£ s~gnamre *Flood Comtzoi ~mst2.ac~km ~oat ~m~Amaem to !m ~ !~ ~Xocd Cc=~L=.oX nfs'i-,'4rd:. Pro~ido co~ oF F.~.n. ldwh-*Jn- dr!'a'Pl~g ~ ,~r!-(!~t~. ~ ~ ~moaotB to the OMzeet $500.00. ~ cx),ut~,--.LJ.cm Xtem8 ~ ,,.o.G,,.v_i ']Tjr 'R,I.'~LILdo COeot']r aze detmcELMcl, to be too lov ~ the oX~lh'!cm o~ the DeBign DATE Sht. 2 of 4 q.00 '~0.00 40.00 9.00 10.00 6.00 ~.00 91q~.00 M.00 4.00 T~ qq.00 6N.00 7q.00 9q.00 S4000.00 S4000.00 S~000. O0 Subtotal: 20% Cont'l -Tm,r~: Total.: Sht. 3o~ 4 A.On 9.00 11 .rio 1q.00 ~.on f~00.00 mon.oo ,,*'JOOO.no 419On.fin 'ft100o. olJ ~t'JOOn.00 19n.00 i,qo.oo 190.00 'J10.00 ~40.no 400.fin ~00.00 20% r.r~-~l~jency: To'ca].: 11/89 DATE Sh1:. 4 of 4 TTIn( 4" V.i~-.P. 6" V.r'.p. 8" V.~.P. 10" V.C.P. 1~- V.~.P. ~J~-t N.w. 1:o 9~e U!IXT 9.00 11.00 l':t.00 18.00 ~9.00 S4000.00 ~e4000.00 q00; 00 25.00 'a00.00 300.00 ~0.00 20% coa~, o.., ~ > ~ c',,d 0 BISIIEERIIIS FEE COlI~ISON F~ SMPLE IEIGOPREBTS as o! be 18, 1990 SIIIEE LST CmlIERCIAL Nap: 0 lots I#r. Rev.: S20,0M cost esS. i.P. Nay.: 425 c.y. lap. !ospec.: $20t000 cost est. Total Cost: SIMLL ES. Nap: 3 lots bpr. Rev.: $56,000 cost est. $ sheets i.P. Rev.: 3,000 c.y. 1~. Inspet.: $36,0O0 cost est. Total Cost: :RED. RES. REV. (15 lots) : Hap: 15 lots : !apr. Rev.: S120,0O0 cost est. : 5 flints : 6.P. Rev.: 15,000 c.y. : : : lop. lospet.: 6120,000 cost est. : : : Total Cost: | : : L6. RES. REV. (75 lots) Hap: 75 lots lopr. Rev.: $450,000 cost est. 12 sheets 6.P. Rev.: 105,000 c.y. lop. lospet.: $450,000 cost est. Total Cost: : Proposed : City of City of : N,m, Teoecula : Valley $MO.0O: 62,100.00: $2,100.00 : : $l,260.00: 61,260.0o S500.00: S500.00 : $1,260.00: $1,260.00 : S3,830.00: 11,050.0O: s3,900.00: S3,900.0o 6750.00: S7~0.0O $3,900.00: S3,900.00 $9,600.00: 69,600.00 S2,250.00: S2,250.00 $14,625.00: S14,625.00 $1,000.00: $1,000.00 $50.00: S50.00 S14,625.00: $14,625.00 $32,550.00: S32,550.00 City of Corona $1,200.00 S525.00 $84)0.00 S2,525.0O $2,625.00 Sl,620.0O $1,500.0O $1,440.0O $7,165.0O $2,925.00 $4,200.0O $1,0O0.00 $4,800.00 $13,525.00 $4,425.00 $15,750.00 $1,600.00 S190.00 $16,0O0.0O $$9,955.00 City of Ckino $1,202.00 $94.97 $83.92 $610.00 $1,990.B9 $800.52 61,502.50 $566.50 $296.49 $34.24 $762.50 $297. lO $4,251.84 $i,063.60 $4,060.00 $1,930.50 $469.62 $JiJ.&J $2,062.50 $974.50 9i0,714.75 62,380.20 $8,60O.00 $5,375.00 91,562.65 $63.60 64,460.00 62,700.00 $25,341.45 Comity of Riverside f40.00 S0OO.0O 61t420.00 S720.00 $1,000.00 $3,265.oo $1,355.0o $2,400.00 $3,600.00 S7,415.00 $1,955.00 $9,000.00 $174.00 $9.00 s13,~.00 $24,638.00 ASSUMPTIONS FOR "TYPICAL" DEVELOPMENTS I. Single Lot/Commercial Development Single Lot: No Map Improvement Cost: $20,000.00 3 Sheets of Improvement Plans Grading: ~25 C.Y. 2. S~all Residential Development 3 Lots: Improvement Cost: Grading: Parcel Map Required $12,000.00 Per Parcel = $36,000.00 3 Sheets of Improvement Plans 3, 0000 15 Lots: Improvement Cost: 3. Medium Residential Development Tract Map Required $8,000.00 Per Lot = $120,000.00 S Sheets of Improvement Plans Grading 15,000 C.Y. #. Large Residential Development 75 Lots: Improvement Cost: Grading: Tract Map Required $6,000.00 Per Lot = $a50,000. O0 12 Sheets of Improvement Plans 105,000 C.Y. A~B~DA TBMBGULA f~'~ilXU'ffZ~ BBRVZCBB DZBTRIOT A RBeULAR MBBTTNG TBIfBCULA G~fflEUNZTY ~n~ 2883.6 PU~rOL BTRBBT · TULY 34s X990 - 8S00 PM CkLL TO ORDBRI ROLL CALL: RECOMMENDATION: Lindemarts, Moore, Hufioz, Parks, Birdsall 1.1 Approve the minutes of July 10, 1990 as mailed. 2. Temec-]a Community Serv4ces Rate~ and ChArges RECOMMENDATION: 2.1 Adopt a Negative Declaration regarding the adoption of rates and charges to finance capital facilities. 2.2 Adopt a Resolution entitled: P. BBOLUTZON ~BD 90- A ~J. SOLOTXON OF T~ BOARD OF DXRBCTORS OF TH~ TEMEcur. J. G~I!EUNZTY ~VXO~ DXBTRXOT ADOPTXNG RATES AND C!!ARGBS FOR PARK; BTRBRT LZ~KTXNG AND SLOPE MI,TNTENMfCB FOR FXSP2~L ~FJ~R 1990-91. iflt!~G~RS RBPORT DZRF~TORS RBPORTS Next meeting: August 14, 1990, 7**00 PM, Temecula Conuunity Center, 28816 PuJo1 Street, Tenecula, California MINUTES OF ~ REGULAR MEETING OF TEMECULACOMMUNITY SERVICES DISTRICT HELD JULY 10, 1990 A regular meeting of the Temecula Community Services District was called to order at 8:40 PM., President Birdsall presiding. PRESENT: 5 DIRECTORS: Lindemans, Moore, Mufioz, Parks ABSENT: i DIRECTORS: Birdsall Also present were City Manager David F. Dixon, City Attorney Scott F. Field and June S. Greek, Deputy City Clerk. CSD BUSINESS 1. Minutes It was moved by Director Parks, seconded by Director Lindemans to approve the minutes of June 19, 1990 as mailed and approve the minutes of June 26, 1990 as corrected. The motion was carried by the following vote: AYES: 5 DIRECTORS: Birdsall, Lindemans, Mufioz, Parks Moore, NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None 2. Appeals Process for TCSD Rates and Charges City Manager Dixon stated this is a report prepared by the City Attorney and was brought before the Board so that it may be reviewed prior to the public hearing on July 24, 1990. City Attorney Fields explained the appeal procedure. An appeal may be brought within 30 days after the tax is paid. He said an appeal will initially be heard by the General Manager, who will be given discretion to approve or deny the appeal. If the appeal cannot be resolved by the General Manager, the property owner has the right to appeal to the Board of Directors. Mr. Fields outlined the Classification and Hardship. two classes of appeals: CSDMI~,071090 - 1- 07/181~0 ..- CSD Minutes July 10. 1990 Mayor Parks asked if an ordinance is necessary for this procedure. City Attorney Fields answered a resolution establishing rates and charges will be up for approval on July 24, 1990. Attached to this resolution will be various documents, including the appeals procedure. Councilmember Lindemans suggested putting an ad in the newspaper to further explain these assessments. Director Parks moved, Director Lindemans seconded a motion to receive and file the report. The motion was carried by the following vote: AYES: 5 DIRECTORS: Birdsall, Lindemans, Moore, Muhoz, Parks NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None MANAGERS REPORT City Manager Dixon suggested having a study session to better prepare the Council to answer questions from the public. He suggested this study session take place either Monday or Tuesday afternoon before the meeting. Director Mufioz suggested having the meeting at 6:30 PM, July 24, 1990 prior to the meeting. He stressed the importance of public involvement and stated this would be the most convenient time for citizens, who also need to understand the process. Mayor Parks said this session may take longer than 1/2 hour and would like to have the necessary time to understand the process. He requested the meeting be held at 4:00 or 5:00 PM on Monday. President Birdsall stated she would be more comfortable answering questions if a work session was scheduled outlining the different terminology and different classifications of property. She said all the documentation is at City Hall.at the present time and it would be more convenient to hold the session there. CSDMIN~071090 -2- 07118190 CSD Minutes July 10. 1990 It was moved by Director Moore, seconded by Director Parks to schedule a study session Monday, July 23, 1990 at 5:00 PM for the purpose of a briefing by staff on the public hearing procedures. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Parks NOES: I COUNCILMEMBERS: Mufioz ABSENT: 0 COUNCILMEMBERS: None CITY ATTORNEYS REPORT None given. DIRECTORS REPORTS Director Lindemans requested consideration of having a display ad prepared for publication to advise citizens of the purposes of the hearing and the rates and charges. Director Parks requested a detailed report on the status of offers of dedications for parks, the Quimby fees and lands being held by the County of Riverside and the matter of the number of acres currently in the City designated for private parks. ADJOUP/~MENT Director Parks moved, Director Moore seconded a motion to adjourn at 9:00 PM. The motion was unanimously carried. ATTEST: Patricia H. Birdsall, President June S. Greek, Deputy City Clerk CSDMIN~071090 -3- 07/18/90 FROM : JUL. 18.1990 1:~1PM P ~ TEMECULA COMMUNITY SERVICE DISTRICT AGENDA REPORT MT(~: 07/24/90 DEPT: TOSD PaR TITLE: A RESOLUTION OF THE BOARD DEPT OF DIRECTORS OF TH~ TEMECULA ATTY COMMUNITY SERVICE DISTRICT CM ADOPTIN~ RATES AND CHAR~ES FOR PARK, STREET LIOHTING AND SLOPE MAINTENANCE FOR FISCAL YEAR 1990-91. RE~M4MEND&T/ON: It is the recommendation of Staff that the Board of Directors Of the Temecula Community Service DistriCt: 1. Conduct a Public Hearing on the above (outline attached); Adopt the Resolution. BACKGROUND: In November of 1989, by a vote of the people, the Temecula Community Service DistriCt was created. The TCSD, whose boun~aries are ootermtnous with those of the City of Teme~ula (to which the TCSD is a subsidiary district), is authorized to continue the services within the TCSD formerly provided by County Service Areas 75, 103 and 143. The TCSD service program proposed for fiscal 1990-91 is in two parts. First, a District-wide program, generally described as a Parks, Recreation and Community ServiCes program, in which non-tax-exempt parcels receive a charge; and second, a Zone-of- Benefit pro, ram, whereby parcel owners within the Zone-of-Benefit are charged for services received, such as slope maintenance and/or street lighting. The District-wide program has a proposed budget of 81,564,838, spread among 9,868 parcel~ of varying size and land use category. This budget provides for the development of a comprehensive Master Plan for Parks and Recreation facilities for the City of Temecula; the operation and maintenance public park and recreation facilities; capital improvements within public park and recreation facilities; and, the administration thereof. The Zone-of-Benefit program is a direct continuation of previously existing pro, rams by the three County Service AreaS, with no changes in the methodology of computing or levying charges. There are 11 Zone-of-Benefit areas within the TCSD, 9 of which are individually identified in category "A". Services to parcels in Zone #A" may include street lighting and elope maintenance (soil conservation and drainage control). Service to the two remaining zones, categorized as within the Zone "B" service area, is limited to street lighting. FROM : JUL. 18.199~ 1:22 PM P 3 Ple&se see the Engineer°s Report prepared by Willdan A0societ~ for details on the spread of charges for the TCSD. FISCAL ~MP&¢T: The &doption of the Re0olution will provide the D~striot the financial resources to cerry out the programs as previously desor£bed. ALTERNATIVES= N/A ATTACHMENTS: Engineer's Report (previously delivered) Ra~olution Suggested Order of Procedure for Public Hearing FROM : JUL. 18.1990 1:~ PM P 4 ORDER OF PROCEDURE Temeoula Community Service District Public Hearing on the Rates and Charges FY 19g0-gl $uly 24, 1990 Announce that this is the time and place fixed for the public hearing relating to the adoption of rates and charges for the Tamecola Community Service District for Fiscal Year 1990-91. Announces that notice for the public hearing ha~ been given in a manner and form as required by law. STAFF: o Explain the purpose and procedure of the Public Hearing: (City Attorney) o Summarize the general nature of the proposed program; (Bill Holley) o Summarize the methodology used in calculating the charges. (Rob Brown, Willdan Associates) PRKSXDKNT: Announce that this ie the time and place for those wishing to be heard on the rates end charges for the Temeoula Community Service District for Fiscal 1990-91 to be heard. (Slips will have been distributed for persons wishing to speak to have filled out and returned to the Clerk. Clerk will divide the eliDs into those opposed and those in favor. It is suggested that those in opposition be called upon first. It is ~1so suggested that at the beginn~ng of the public testimony, it be announce that testimony will be received without ~ndtvidual responses by the Board to each speaker. This is a ~udgement call, o~ course, depending upon the nature of the question or comment, but it will eliminate a debate atmosphere from developing and el~minate the answering of the same question repeatedly.) PRESIDENT~ After all interested parties who wished to be heard have been heard,. close the public testimony port/on of the Public Hearing. BOARD: BOARD: BOARD: After all public input and Board motion, declare the Public Hearing closed. If it £s the desire o~ the Board, adopt the Resolution. Notice of Public Hearln~ THE TEMECULA COMMUNITY SERVICES DISTRICT 43172 Business Park Drive Temecula, California 92390 A PUBLIC HEARING has been scheduled before the TEMECULA COMMUNITY SERVICES DISTRICT to consider the matter(s) described below. The City is proposing to adopt a negative declaration regarding the adoption of rates and charges to finance capital facilities. The City will receive comments regarding the proposed negative declaration. The comments may be submitted up to the time of the hearing. Any person may submit written comments to the Community Services District Board before the hearing(s) or may appear and be heard in support of or opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing(s). The proposed project application(s) may be viewed at the public information counter, Temecula City Hall, 43172 Business Park Drive, Monday through Friday from 9:00 AM until 4:00 PM. Questions concerning the project(s) may be addressed to Deputy City Clerk June S. Greek, (714) 694-1989. The time, place and date of the hearing(s) are as follows: PLACE OF HEARING: DATE OF HEARING: TIME OF HEARING: Temecula Community Center 28816 Pujol Street Temecula Tuesday, July 24, 1990 7:00 PM CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Backqround 1. [~amaof Proponent: 2. Address and Phone l~m~er of Proponent: e e Date of Environmental Assessment: Agency Requiring Assesshunt: Name of Proposal, if applicable: Location of Proposal: COMMUNITY SERVICES DISTRICT P.O. BOX 300O TFMECULA. CA 97390 JUlY 2. 1990 CITY OF TE~E~ Adoption 0f Rates & Char§es to Finance Recreational Caoital Facilities See project description on paqe 8. Ii Environmental Impacts {Explanations of all "yes" and "maybe" answers are provided on attached sheets. ) Yes Maybe No 1. Earth. Will the proposal result in: Unstable earth conditions or in changes in geologic substructures? Disruptions, displacements, compac- tion or overcovering of the soil? Ce Substantial change in topography or ground surface relief features? de The destruction, covering or modi- fication of any unique geologic or physical features? Any substantial increase in wind or water erosion of soils, either on or or off site? X X X BLANKIES/FORMS -1- ® Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? ge Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslid.s, ground failure, or similar hazards? Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? be The creation of objectionable odors? Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? Water. Will the proposal result in: Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? be Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Alterations to the course or flow of flood waters? de Change in the amount of surface water in any water body? ee Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? fe Alteration of the direction or rate of flow of ground waters? Yes Maybe NO X X X B LA N K I ES/FORMS -2- _ Yes Maybe No Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flood- ing or tidal waves? Plant Life. Will the proposal result in: Change in the diversity of species, or number of any native species of plants {including trees, shrubs, grass, crops, and aquatic plants)? Reduction of the numbers of any unique, rare, or endangered species of plants? Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? de Substantial reduction in acreage of any agricultural crop? Animal Life. Will the proposal result in: Change in the diversity of species, or numbers of any species of animals {birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects) ? be Reduction of the numbers of any unique, rare or endangered species of animals? Ce Deterioration to existing fish or wildlife habitat? X X x BLANKIES/FORMS -3- 10. 11. 12. 13. Noise. Will the proposal result in: a. Increases in existing noise levels? b. Exposure of people to severe noise levels? Light and Glare. Will the proposal produce substantial new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: ao Substantial increase in the rate of use of any natural resources? be Substantial depletion of any non- renewable natural resource? Risk of Upset. Will the proposal involve: A risk of an explosion or the release of hazardous substances {including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Possible interference with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. W~11 the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? Yes Maybe No X X X B LA N K I ES/FO RMS -I~- Ye~ Maybe No be Effects on existing parking facili- ties, or demand for new parking? Substantial impact upon existing transportation systems? de Art, rat. ions to present patterns of circulation or movement of people and/or goods? Alterations to waterborne, rail or air traffic? fe Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? de Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services? 15. Energy. Will the proposal result in: 16. Use of substantial amounts of fuel or energy? be Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? X X X X X X BLANKIESIFORMS -5- ' 17. 18. 19. be Communications systems? Water? Sewer or septic tanks? Storm water drainage? Solid waste and disposal? Human Health. Will the proposal result in: Creation of any health hazard or potential health hazard t excluding mental health)? Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? be Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? Yes Maybe No X X X X X BLANKIESIFORMS '$' Yes Maybe No 21. Mandatory Findings of Significance. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? be Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? {A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future. ) Does the project have impacts which are individually limited, but cumu- latively considerable? {A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant. ) de Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? X B LA N K I ES/FORMS -7- II I Project Description The City of Temecula is proposing to adopt a TCSD {Temecula Community Service District) Rates and Charges Fees, in order to help fund future capital recreation related projects, Adoption of the rates will earmark $500,000 for capital facilities for unspecified projects to be determined in the future, The funds received from rates and charges could allow for future park land acquisitions and/or public facilities such as: picnic tables, benches, drinking fountains, barbecue pits, or for the installation of ball ark li hts These capital facilities would be additions to the park P g · , o o system, although the actual facility and construction timing Is uncerta,n at th~s t~me, According to the California Environmental Quality Act (CEQA), Section 15273{b), rate increases to fund capital projects for the expansion of a system are subject to environmental review. Therefore, any subsequent project {construction related) will be required to be reviewed pursuant to CEQA requirements before actual construction begins. -8- ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ticant effect on the environment, there will not be a signi- ticant effect in this case because the mitigation measures described on attached sheets and in the Conditions of approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. July 2, 1990 Date Gary Thornhill X X For CITY OF TEMECULA BLANKIES/FORMS -9- IV Environmental Evaluation a,e· No. The future capital recreation related projects will not create an unstable earth condition or change the geologic substructure. The projects will not cause any substantial increase in wind or water erosion of soils, either on or off site. b-do No. Due to the uncertainty of future park locations and type of recreational facilities involved, it is possible that some compaction and displacement of soil will be required. However, these amounts of compaction and displacement of are not considered significant because of recreational and open space uses that usually retain natural features of the land. If substantial grading is required, these impacts will be mitigated by conditions of approval upon development. No· Because of the uncertainty of park land locations and type of recreational facilities involved, it is possible for these facilities to be developed on or along a stream. Although the possibility to establish parks or recreational facilities on or along streams exist, it is not considered significant and will be reviewed in detail at the project stage. No. Due to the uncertainty of the actual locations for park land and recreational facilities, exposure of people or property to geologic hazards such as earthquakes, landslides, ground failure, or similar hazards may exist. Therefore, geologic studies should be conducted prior to recreation related projects· a~c· No. Future capital recreation related projects will not have substantial air emissions or deterioration of ambient air nor create objectionable odors or alter air movement, moisture, temperature, or any change in climate, whether locally or regionally. No. Future capital recreation related projects will not impact any body of water. No. Since future capital recreation related projects will probably provide for parking facilities and public amenities such as restrooms, tennis courts and walkways, it may increase the rate of surface runoff water due to impermeable materials used. However, the amount of runoff water will not be significant and will receive subsequent review. No. Flood waters related to capital recreation projects will be directed to the streets and flood channels· Drainage plans for the site will have to meet the requirements of the Cif. y Engineer· abe· No. Future capital recreation related projects will not have significant effect in the change of surface water in any water body nor effect the discharge of surface waters. or in any alteration of surface water quality. No. The proposed projects will not alter the rate of flow or ground water. -10- 10. 11. he a-d. a-b. a-b. a-bo No. Since the future capital recreation related projects will contribute to open spaces, it is possible for them to change the quantity of ground waters through direct additions provided by irrigation and natural rain fall. However, this will not create a significant negative effect for ground water, but aid through direct addition. No. Because of the nature of these future capital recreation related projects in serving the public, it is possible to reduce the amount of water for public use through drinking fountains, restrooms, and irrigation. However, this is not considered significant because the water consumption will benefit the public. No. Due to the uncertainty of future park locations and type of recreational facilities involved, it is possible for people or property to be exposed to water related hazards such as flooding. However, because of the open space associated with these projects, no significant impact will be incurred. Nevertheless, proper mitigation measures will be taken in order to limit the exposure of people or property to water related hazards in the future. No. Future capital recreation related projects will not have a significant impact on plant life due to recreational and open space uses that usually retain natural features of the land. Instead, these new projects might aid in introducing new species of plant life. No. Since future capital recreation related projects usually retain their natural features of the land, there will not be a significant effect on animal life. Nevertheless, if a project is located within an area designated by Riverside County as habitat for the endangered Stephen~s Kangaroo Rat, proper mitigations and fees will be used toward implementing Riverside County~s Habitat Conservation Plan. No. Future capital recreation related projects will not increase existing noise levels nor expose people to severe noise levels. Maybe. If a capital recreation related project entails ball park lights, it is possible for the project to produce substantial new light or glare. However, this would not be significant to surrounding properties because mitigations will call for direct on-site and not off-site lighting. No. Future capital recreation related projects will not result in a substantial alteration of the present or planned land use of an area. No. Future capital recreation related projects will not increase the consumption rate of any natural or non-renewable natural resources. No. Future capital recreation related projects will not promote a risk of explosion or release hazardous substances nor will it interfere with emergency response plan or an emergency evaluation plan. No. Future capital recreation related projects will not alter the location, distribution, density, or growth rate of the human population of any area. -11- 12. 13. 15. 16. 17. 18. 19. 20. 21. 21. 21. a-f. a~ c · de a-be a-fe a-bo a-de ae be c-de No. Future capital recreation related projects will not affect existing housing or create a demand for additional housing. No. Future capital recreation related projects will not have significant adverse effect on transportation or circulation related issues. No. Future capital recreation related projects will not have significant adverse effect on public services other than parks and recreational facilities. Yes. By establishing future capital recreation related projects, there will be a need for new or altered governmental services for parks and/or recreational facilities. No. The proposed projects will not result in the substantial use or increase in demand of fuel or energy. No. Future projects might require the use of utilities but will not require substantial alteration to the existing system. No. Future capital recreation related projects will not have significant adverse effect on human health. No. Because of the type of use being open space, there will be no significant impact on aesthetics. Yes. Future capital recreation related projects will enrich the quality and quantity of existing recreational opportunities. No. Due to the uncertainty of the actual locations of future capital recreation related projects, it is possible that such projects be developed on a prehistoric or historic archaeological site· However, if a cultural resource site is discovered, an archaeologist and/or paleontologist shall review the site to determine if the site is significant. No. The proposed projects will not have a significant impact on plant or wildlife species. However, if a project is located within an area designated by the Riverside County as habitat for the endangered Stephen~s Kangaroo Rat, the project will be subject to mitigation fees for the Stephen~s Kangaroo Rat Habitat Conservation Plan. No. The proposed future capital recreation related projects will not have the potential to achieve short.-term, to the disadvantage of long- term, environmental goals. No. Future capital recreation related projects will not have impacts which are individually limited or cumulatively considerable, nor will they have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. -12- TEMECULA COMMUNITY SERVICE DISTRICT P.O. BOX 3000 TEM[¢ULA, CA 02310 (714) FAX ~14) P~ Moore JULY 1, t~N In November I~), tJte voMn created tim new dry of Tanecuh, and dected five cidram to serve on the City A~'~V&,~BW tO date include: approvlnf I Mdlo Rom District to handle trk'fic dd'Kkncles and to fund a tZ raimon ~ KqubMo,q ~nlfim~y h~rm~ ~o1~ ~! fire deparanenl nunpower;, attackins tnmc eo~esdon oe the l*lS brldfes; IppoinCinf I plinnlnj commbdon; hitbrine devdoper fees rot. rutur~ public fKilib; Imyin~ · dry hll huildln[; hiri~ core dry staff; adopdnf · Int'nced budjet to provide funds for a cn_~p~h~_~ve Gerard Plan~ master trarfk drcdation pan; and · drywide ~ and m~eation plan. We are movfn[ ahead to hdld · quality eommunlty for all ef our dtlmm, wldchwumppofiedbyabaufit.q ,~ ~stqtinst30percentorbhndswiihintbectty. The voWs, by an f8 perurn yes vote, eq)anded dmt disa4ct cit3~ide tad put the City Council in coatrol. The Ci~; Council Ima adopted · INdia f(x* the Community Services District to finance the fdlowbf m'vh~s: a lauds and t~'eation ~ w~hy ofou~ City. The purpese of* this bffer b to explain the rusom for the charBes ajaJnst yow property. Many of you will be seeha ~ '_-:-w~ ~t for the first time and otben will notice that the rate has ben Increued from hst Your Cit7 Council is devoted to hvbl u open d~/Iovu~___~,'Lt tad to advislnf ci,__,,.~s_ or what is ~oin~ on. Webdieveinbd'ormoddtM ;ktbebestruirumeeorfoedfov-. v~ A PUBLIC ~G Juts been scheduled by the TEMECULA COMMUNITY SERVICES DISTRICY to :mr-'4vr RATES AND CHARGES TO BE COLLECTED ON Tile 1990-91 PROPERTY TAX ROLL. All properties within the City or Temecu!· will be charged (except those exempt froin M'operty taxes). Tim bem. btg will be bdd on TUESDAY, JULY 24, 1990 it ?'.M PM it the TEMECUL& COMMUNFFY CENTER, 28816 PUP)I First, all 10,000 parcds within the City will pay · BASIC CHARGE to provide runds for park administration, operltion ·rid nmintemnee and ~ nrvias st SPORTS PARK and SAM HICKS PARK; preparation ors park and r~u..tio~ nmste* phn; md capital ~ for ball field IJghtfnf find perk hnd development. The RASIC A,q~lr-q~M!rATr for cRyvide m'vics b: $ 33.40 - per dngb family unit/year $ 2S.0S - Mr qmMm~t or condo unit $16.70 - per acre qrk'ulture meed hnd $ 66.80 * per acre m:snt ruidentld hnd $133.~0 * Mr s~re commerchl/industrhl hod vmmt Second, parcds which hve previously mmexed to Coumy ServSce Areas ?$, 143, or 103 will pity add~tJoml ~-s- .e~s to cover operating md nmlnmmm~ tests for meet lights md hndsctpe find drainage ~.U~c~ within subdlvMom wblch have --adsted these sorviceL Tim rates find charges for STREET LIGHTS, LANDSCAPE mid DRAINAGE MAINTENANCE vm'ies from mu tom'm dep~ d'q upoa the levd orservJce. THE TOTAL CHARGE SHOWN ON YOUR ENCLOSED STATEMENT IS THE SUM OF THE CHARGES LISTED FOR ltASIC PLUS STREET LIGHTS PLUS LANDSCAPE MAINTENANCE The charles will be coilectod b7 the County Tax Collector in the rome rimtour, it the same time end s,,~ect At the pubic bem4ng on Jdy 24, my porson who widm to speck win be bem. d. h addMon, written eommenfl will be ~cci[tvd up until the time or the bem'~. CITY CLERK - ~14) 694-1989 - 8 AM to S PM er eome to: TEMECULA CITY HALL 43172 BUSINESS PARK DRIVE TEMECULA, CA. 92390 RESOLUTION NO. 90- A RESOLUTION OF TIlE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR PARK, STREET LIGHTING AND SLOPE MAINTENANCE FOR FISCAL YEAR 1990-91 On Tuesday, luly 24, 1990, on motion of Director , duly seconded by Director and carried, the Board of Directors of Temecula Community Services District ("TCSD") resolves and orders as follows: Section 1. The Board finds: A. That upon incorporation of the City of Temecula in November, 1989, the voters also approved the formation of the TCSD, which has the same area as the City and is governed by the City Council; B. That the TCSD includes portions of three county service areas which before incorporation provided different levels of service to different areas now within the City; C. That the TCSD proposes to continue such charges, less a credit from prior amounts collected, for those areas specifically benefitted thereby and charged by the county service areas for such services in prior fiscal years, as well as to spread the cost of the Sports Park and other park maintenance and the preparation of a park master plan across the entire City, since the entire City benefits from these services; D. That the TCSD proposes to collect such rates at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the district which rates shall be delinquent at the same time and thereafter be subject to the same delinquency penalties as general taxes. All laws applicable to the levy, collection, and enforcement of general taxes of the district, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund, and redemption, are applicable to such rates and charges. However, if for the first year the charge is levied, the real property to which the charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes appear on the roll, then the charge, or the delinquency in that charged, assessed pursuant to this section shall not result in a lien against the property, but instead shall be transferred to the unsecured roll for collection. 4~i1~c~89 -1- 07118/90 E. That the Board duly has adopted a budget for the TCSD for FY 1990-91 for park maintenance and preparation of a park master plan throughout the TCSD (and City) and additionally for street lighting and drainage control for specific areas where such services are provided, including necessary staff and administrative expenses; which services and budget are explained in greater detail in the Engineers Report for Collections for Fiscal Year 1990-91 and which services are listed on Exhibit A, attached and incorporated by this reference; F. That the Board of Directors has requested that staff provide mailed notice of the hearing on July 10 of such rates and charges; G. That notice of hearing was mailed and published as required by law and the affidavits of publication and mailing are on file with the City Clerk; H. That at that public hearing conducted on July 24, 1990, as noticed, the TCSD heard and considered all protests, comments, oral and written, by any interested person concerning the proposed rates and charges or the method of their collection; I. That at the conclusion of the public hearing, the TCSD modified/confLrmed the rates and charges in the amounts set out on Exhibit B, attached and incorporated by this reference, confirmed their collection on the tax roll approved an appeal procedure; and J. That the TCSD further finds that based on the Engineers Report and budget, the rates and charges as set out on Exhibit B are the reasonable cost of the services set out on Exhibit A to be provided by the TCSD for FY 1990-91. Section 2. The TCSD hereby resolves and orders: A. That the rates and charges for FY 1990-91 as set out on Exhibit B for the services set out on Exhibit A are confirmed for FY 1990-91; B. That the TCSD proposes to collect such rates at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the district which rates shall be delinquent at the same time and thereafter be subject to the same delinquency penalties as such general taxes. All laws applicable to the levy, collection, and enforcement of general taxes of the district, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund, and redemption, are applicable to such rates and charges. However, if for the first year the charge is levied, the real property to which the charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes appear on the roll, then the charge, or the delinquency in that charge, assessed pursuant to this section shall not result in a lien 07118190 against the property, but instead shall be transferred to the unsecured roll for collection. C. That the application of the rates and charges may be appealed as set out on Exhibit C; D. That the Secretary of the TCSD is ordered to transmit or cause to be transmitted to the County Auditor of the County of Riverside, before August 1, 1990, the property tax roll with such rates and charges enumerated for each parcel not exempt therefrom; and the County Auditor of the County of Riverside is hereby designated, required, empowered, authorized, instructed, directed and ordered to make collection of all such assessments as shown on that roll and to perform any and all duties necessary therefor; E. That pursuant to the California Environmental Quality Act ('CEQA~) the TCSD staff has prepared an initial study for levy and collection of these rates and charges and based on that initial study has determined that their levy and collection will not have a significant effect on the environment; that the staff has published a Notice of Preparation of a Negative Declaration; the /no comments were received during the comment period; and that the City Clerk is instructed to file a Notice of Determination with the County Clerk. Patricia Birdsall, President ATYEST: June S. Greek, Deputy City Clerk [SEAL] 4~\89 -3- 07/18/90 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT Report on COLLECTIONS FOR THE FISCAL YEAR 1990/1991 .lune 19, 1990 INTRODUCTION The Local Agency Formation Commission of March 23, 1989 approved the Rancho Califo~a ReorgnniT~tion and designated the Board of Supervisors of the County of Riverside as the conducting authority. The Board of Supervisors of the County of Riverside, on May 2, 1989, approved and ordered subject to the confirmation of the voters, the incorporation of the City and the formation of a Community Services District as a subsidiary district of the City on the effective date of incorporation with boundaries coterminous with the City. The effective date of the incorporation of the City and the formation of the Community Services District was December 1, 1989. An election was held on November 7, 1989 where the voters confirmed the Board of Supervisor's action and selected the City name of Temecula and the Community Services District name became the Temecula Community Services District (TCSD). BOUNDARY The boundary of the TCSD is coincident with the boundary of the City of Temecula. A map of the TCSD is on Exhibit A. SERVICES The TCSD may provide the following services to parcels within the District. Parks and Recreation Street Lighting Soil Conservation and Drainage Control Refuse Collection limited Law Enforcement ZONES The TCSD has established zones for areas where differing levels of service are provided. l~.ntire I~istrict The service provided to all parcels within the district is the development, maintenance, and operation of the park and recreation facilities and programs within the District. ?-one A The services provided to all parcels within Zone A are street light operation (including energy charges), and maintenance and soil conservation, and drainage control, (in addition to the park and recreation functions of the District). The boundary of Zone A contains all of the detached parcels of County Service Area 143 within the District. Zone A is shown on Exhibit A. 7one 1:1 The service provided to all parcels within Zone B is street light operation (including energy charges) and maintenance, (in addition to the park and recreation functions of the District). The boundary of Zone B contains all parcels within former County Service Areas 75 and the detached parcels of CSA 103 within the District. Zone B is shown on Exhibit A. METHOD OF ASSESSMENT Conceptually, the method of assessment is to relate all parcels' use to the single-family residence using weighting factors to compensate for the different levels of use with a minimum assignment of 1.0 EDU per parcel where the EDU's are computed based on parcel acreage. The formula is as follows: = Cost of Service = Total Single-Family Dwelling Units (SF) = Number of Multi-Family Dwelling Units (MF) = Acres of non residential (AC) -- Weighting Factor for Multi-Family Residential Parcels (including condominiums) = 1/2 -, Weighting Factor for vacant residential and non residential -- 4 = Total Equivalent Single-Family Dwelling Units (EDU) -- Assessment per SF · ~ Assessment per MF -- Assessment per AC Formula G (total equivalent SF) = B + (C x E) + (D x F) H (assessment per SF) = A + G (assessment per MF) = H x E (assessment per AC) = H x F An example follows. Given that: A = $100,000 B =200 C=600 D=10 Then: G (total equivalent SF) = 200 + (600 x ~) + 10 x 4) = 540 H (fee per SF) = $100,000 + 540 = $185.19 (fee per MF) = $185.19 x ~ = $92.60 (fee per AC) = $185.19 x 4 = $?40.?6 The application of the formula to the example results in a single-family assessment of $185.19; a multi-family assessment of $92.60 per unit; and a $740.46 per acre assessment for non-residential. The fees would be applied to all non-exempt parceh within the TCSD. l:.~ren~t P. rcels Government owned parcels (i.e., Federal, State, City, County, School Districts, and parcels classified as non-taxable by the County of Riverside, etc.) are not assessed. l:.ntire District The formula for assessing the cost of services to be provided to parcels in the Entire District is as described above, applied to all non-exempt parcels within the District. ?one A For purposes of assessinfl~ Zone A is divided into suNzones which we will refer to as A-2, A-10, A-11, A-12, A-13, A-15, A-16, A-17 and A-18. For each sub-zone, the cost of services for the sub-zone is divided among the parcels equally. The cost of services is identified separately for each sub-zone. The sub-zones are shown on Exhibit B. For purposes of assessing, Zone B is divided into two sub-zones which we will refer to as B-1 (parcels within former CSA 75) and Zone B-2 (parcels detached from CSA 103). For each sub-zone, the cost of services for the sub-zone is divided among the parcels equally. The cost of service is determined by multiplying the number of fixtures by the energy charge and overhead rate for the type of fixture. COST OF SERVICE The services for which assessments are levied and the cost of providing the services to parcels within the TCSD for the 1990/1991 Fiscal Year are shown below: District Wide Parks and Recreation (1) Administration Subtotal District Wide $1,321,594 943.244 $1.564.838 7one A Street Lights Soil Conservation and Drainage Control Refuse Credit* Subtotal Zone A (2) $ 160,188 678,419 (7~9.588) $ 599.019 ?one R Street Lights (Zone B-l) Street Lights (Zone B-2) Subtotal Zone B $ 0 75.775 $ 75.775 Note: GRAND TOTAL 1990/1991 $ 9.239.632 Refuse Credit represents a surplus from a prior year collection to be credited to Zone A assessments. 1. There are no assessments for Refuse Collection or Limited Law Enforcement for the 1990/1991 fiscal year. Any County Collection charges are in addition to these amounts. 8 (1) The Parks and Recreation amount is as follows: Capital Construction of improvements to recreational facilities at lhe Rancho California Sports Park, located at Marguerita and Rancho Vista - upgrading sports fields, picnic areas, playground equipment and appurtenances Design Engineering Total Capital Operations and Maintenance $ 494,449 $ 45.746 $ 540,195 $ 781.399 .$1.321.594 (2) Zone A costs are allocated to sub-zones as follows: Street Soil Cons Sub-7~nes ~ & Drainage A-2 $ 8,307 $ 33,513 A-10 5,076 0 A-11 23,031 86,889 A-12 15,703 76,702 A-13 4,339 6,512 A-15 66,915 353,225 A-16 0 0 A-17 8,525 61,248 A-18 98.792 60.330 Refuse $ (33,943) (o) (35,576) (23,220) (8,521) (126,682) ( o) (11,646) ( o) Total $ 7,877 5,076 74,344 69,184 2,330 293,458 0 69,773 88.6~. $160,188 $678,419 $(239,588) $599,019 9 METHOD OF COLLECTION The total of the fees per parcel to be collected for the 1990/1991 Fiscal Year will be collected on the tax roll of the County of Riverside in the same manner, at the same 6me, and subject to the same penalties, as the general property taxes. ASSESSMENT ROLL A roll, identifying each parcel and the fee for each service provided by the district and the total fee for the parcel, has been prepared and is separately bound as a supplement to this report. A summary of the spread of the budget amounts to the parcels within the TCSD follows: City Wide Single-Family Assessment Multi-Family, including condominiums and mobile homes Vacant Residential Non Residential $ 29.66 per unit 14.83 per unit 118.64 per acre* 118.64 per acre* * or portion of an acre 10 ?one A (~er parcel) A-2 16.45 A-10 57.68 A-11 103.83 A-12 153.40 A-13 5.33 A-15 142.66 A-16 0.00 A-17 293.58 A-18 6,330.14 7one B (per parcel) B-1 0.00 B-2 34.89 For a single family parcel that is also in a Zone, the total assessment would be as follows: Zone City Wide Zone .Assessment A~sessment Total A-2 $ 16.45 $29.66 $ 46.11 Ao10 57.68 29.66 87.34 Ao11 103.83 29.66 133.49 A-12 153.40 29.66 183.06 A-13 533 29.66 34.99 A-15 142.66 29.66 17232 A-16 0.00 29.66 29.66 A-17 29338 29.66 323.24 A-18 (A) 0.00 29.66 29.66 B-1 0.00 29.66 29.66 B-2 34.89 29.66 64.55 (A) There are no single family parcels in Zone A-18. 11 PARCEL ANALYSIS Exhibit "B" The parcels in the TCSD (and therefore the City) are described as follows: ZONE A$SE$S14ENT PARIS A$S~$SHE#T LAND r~NERAL IK~4BER OF TOTAL ~LLIMG I ................. II .................. I ~E DESCRIPTI~ P~CELS ~SESSED VAL~ ~ITS ACREAGE HIGH L~ HIGH L~ 1 RESIDENTIAL ICHE 7,108 S980,995,557 7,108 2874.&2 S293.58 SO.00 S29.66 S29.65 2 RESIDENTIAL'VACANT 998 S105,080,0~ Z312.49 S6,330.14 SO.00 S10,$53.54 S29.66 & GOLF CCXJRSES 1 S97,&10 0.6] SO.00 SO.00 ST&.T& S74.74 S APARTHENTS 49 S120,155,378 2,790 180.89 S55.21 SO.00 S5,9~1.90 S59.32 ? CONDOH)NIUHS 153 S10,592,084 153 115.42 S1&9.91 SO.00 S1&.83 S1~.83 10 AGRIt~ILTURAL 40 S8,702,26~ 1250.08 SO.00 SO.00 S26,~586.29 S29.66 20 COW4ER¢!AL-RETAZL 406 S515,714,125 105~.59 S149.91 S149.91 Sl1,&$3.15 S29.65 22 COIq4ERCIAL-HEDICAL 1 S],874,~05 2.58 SO.00 SO.00 $]06.09 23 IN~)USTRIAL $ S0,895,~5~5 8.38 SO.00 SO.00 S~74.5~ S149.&7 32 VACANT-COIq4ERCIAL 338 S?.0~,805,882 2159.49 S149.91 SO.00 S19,415.92 S29.66 60 VACANT-OTHER 771 M8,870,131 &20~.70 S149.91 SO.00 S33,674.23 S29.65 ~JBTOTAL GOV'T MED & IK~-TAXABLE 211 TOTAL 10,079 S674,794 TOTAL ASSESSHENT 9,868 S2,0&1,7SO,S15 S10,051 Sl&,l&2 S1,56~,8~8 S67&,7~ S2,Z39,612 There are 21! government owned and non-taxable parcels within the TCSD. The classification as non-taxable is made by the County of Riverside. A list of such parcels in Assessor Parcel number order is included separately with the assessment roll. Exhibit "C" APPEALS PROCESS TEMECULA COMMUNITY SERVICES DISTRICT 1. ADDeA1 of C1ASS,{f,4c-t~on Where a property owner (including an individual, or business entity) subject to the rate or charge questions the classification or application of any fiscal year's rate or charge to his, her or its property, that property owner may utilize the appeals procedures set out here. (a) The property owner shall file a written statement with the General Manager of the Co--unity Services District, stating in detail the reason that the property owner seeks a review of the classification of his property for that fiscal year.. The statement shall be accompanied by the parcel number, proof of ownership, proof of payment of property taxes including the rate and charge amount and any other information the property owner believes to be relevant. The written statement must be submitted within 30 calendar days from the date of payment of property taxes and rates and charges. (b) The General Manager shall review the written &ppeal. He ~ay request from property owner, in writing, any additional information needed to make a decision, and shall make a determination whether or not to grant such appeal withAn 30 days of receipt of the completed statement, including all necessary ~nformation, the General Manager elf/OUT13494 -1- shall give the property owner written notice of his determination of the appeal. (c) In the event the property owner disagrees with the ~eneral Manager's determination, the property owner ·hall have 10 days to appeal that determination to the Co~munity Services District Board. The property owner shall file a written request for reconsideration with the Co~unity Services District Secretary, containing the information set out in subsection (a) and the reasons for requesting reconsideration within the 10-day period. (d) Upon receipt of a timely appeal, the Secretary ·hall place the Latter on the agenda for the next regularly scheduled Community Services DistrAct meeting. The Com~unity Services DistrAct Board shall review the written statement and General Manager's determination and itself determine, on the ~aterials before At, whether or not the appeal should be granted. The Community Services District decision shall be provided to the property owner An writing within 15 days of the Community Services District's determination. The decision of the Community Services DistrAct shall be final. (e) In granting such an appeal, the General Nanager and Community Services District Board shall consider: (i) whether the property An whole or An part ks used for the purpose intended for that classification,; (ii) sff/OUT13494 -2- whether the classification adequately reflects the service received~ (iii) whether the rate or charge levied on vacant property exceeds the rate or charge if the property were developed to its highest and best use~ and (iv) whether unique or special circumstances of that property or land use regulations affecting it support a modification of the classification. In granting an appeal, the General Manager and Community Services District Board may reclassify the property, in whole or in part, may grant a refund (without interest) of all or a portion of the rate or charge paid for any fiscal year and will determine for what period of time the relief granted shall be in effect. 2. A~Deal for Hsr~=hIm Where an individual property owner subject to palment of the rate or charge believes that payment of all or a portion of the rate or charge would create a hardship forth at property owner during that fiscal year, the property owner may utilize the following procedures. A hardship appeal must be renewed annually unless otherwise spacificially determined by the Community Services District Board. (a) No later than 60 days before a property tax payment is due in any fiscal year, the property owner shall elf/OUT13494 -3- file a written statement with the General Manager of the Community Services District, stating in detail the reason the property owner needs such relief. The statement shall be accompanied by the parcel number, proof of ownership, and any relevant proof of hardship. (b) The General Manager shall act on such Jtatement as set out An Section I (b) and his determination lay be appealed as set out in Section i (c) and (d). (c) In granting a hardship appeal, the General Manger and Community Services District Board shall consider whether payment of the rate or charge during that fiscal year would impact on the property owner's ability to provide necessities of life..The General Manager and Co~munity Services District Board shall determine to grant such hardship appeal on a case-by-case basis by providing for the deferral of any rate or charge to a subsequent fiscal year. sff/OUT13494 --4--