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HomeMy WebLinkAbout092590 CC AgendaCALL TO ORDER: Invocation Flag Salute ROLL CALL: A GENDA TEMECULA CITY COUNCIL A REGULAR MEETING TEMECULA COMMUNITY CENTER SEPTEMBER 25, 1990- 7:00 PM Next in Order: Ordinance: No. 90-17 Resolution: No. 90-100 Pastor George Simmons Temecula Valley House of Praise Councilmember Mu~oz Birdsall, Lindemans, Moore, Mu~oz, Parks PRESENTATIONS/ PROCLAMATION$ PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item not listed on the Agenda, a pink "Request To Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request To Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. CONSENT CALENDAR Standard Ordinance Adol3tion Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 3 Resolution AI313rovin~ Payment of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: 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 Flexible Benefits Plan RECOMMENDATION: 3.1 3.2 Adopt the attached City of Temecula Flexible Benefits Plan Document. Establish a monthly Flexible benefit amount for full time employees and the City Council of $450 exclusive of retirement. 2/egendNO92690 2 09/20190 5 6 7 8 Application for ABC License - Yasohachi Shiojima Application for Alcoholic Beverage License for-restaurant located at 27511 Ynez Road RECOMMENDATION: 4.1 Receive and file. Claim for Damages - Colleen Farrell vs. City of Temecula RECOMMENDATION: 5.1 Deny the claim for damages. Find Tract Map No. 23267-1 Southerly of Highway 79 and westerly of Margarita Road, adjacent to the Redhawk Specific Plan (S. P. 217) and the Vail Ranch Specific Plan (S. P. 223). RECOMMENDATION: 6.1 Approve Final Tract Map No. 23267-1, subject to the conditions of approval. Reduction of Securities for Tract No. 20987 RECOMMENDATION: 7.1 Authorize the reduction in securities for improvements in Tract No. 20987 and direct the City Clerk to advise the Clerk of the Board of Supervisors to so notify the Bond Company (SAFECO Insurance Company of America) Parcel Mal? No. 23969 Ridge Park Drive, South of Rancho California Road RECOMMENDATION: 8.1 Receive and file. 21agerd~/O925~O 3 09120190 9 Conditional Use Permit No. 2980, Revised Permit No. Terminus of Lyndie Lane RECOMMENDATION: 9.1 Receive and file. 10 Plot Plan No. 11345 South side of Main Street; approximately 200 feet west of Front Street. RECOMMENDATION: 10.1 Approve Plot Plan No. 11345 based on the findings and subject to the Conditions of Approval contained in the attached County Staff Report dated April 23, 1990; and the added Condition of the City of Temecula Engineering Department. 11 IO-K Permit - Stephen's Kan~laroo Rat RECOMMENDATION: 11.1 Authorize the Mayor to execute Federal Fish and Wildlife License/Permit Application for incidental "take". 11.2 Authorize the Mayor to execute First Amendment to Agency Agreement California Endangered Species Permit. CSD MEETING - (To be held at ~00 PM) Please see separate agenda 21egenda/092690 4 011120/90 COUNCIL BUSINESS 12 Waste General Study Memorandum of Understanding with City/County of Riverside RECOMMENDATION: 12.1 Authorize the Mayor to execute the Memorandum of Understanding with the County of Riverside for Waste Management Generation Study. CITY MANAGER REPORT CITY ATTORNEY REPORT CITY COUNCIL REPORTS ADJOURNMENT Next meeting: October 2, 1990, 7:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California Next regular meeting: October 9, 1990, 7:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California 21egencldOg2580 6 Oel20/BO ITEM NO. 1 ITEM NO. 2 RESOLUTION NO. 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 amounts of $203,156.84 SECTION 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 251h day of September, 1990. Ronald J. Parks, Mayor ATTEST: June S. Greek, Deputy City Clerk [SEAL] 3/Resos 105 (J z r' F U~ m FH Lfi ',, ',4 m ~ C, '.O t . : r-..) r ,1 C,-0 rr ,8 ,2,~ ,8 43 ~ ,C C, ..1~ ~ ,--' O' t..3 O"r OG1 ,OI C-.I c, G1 .~ --i --I ,O 'T ,0 ~1 ,--~ OFT1 ,L..4ZD O~ .bf F..-q -07 -0 C,b'l C C,-H i r..,'1Fri  F' 0 C, C, Lf'; ,o ,o o,- m I N- r.-~ .,C '-. '--.F'J t -0 -8 -Om o I O C, UI ,,4 0 ,0 -,, I,..1 f jl \ -I::~.,0 '.-,C0 \r.4TI 6..,,Jrrt (.... 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O O 0 ,:, ,:, C, C, O C, C, ,:, 0 C, C, C, ~ (.4 LIl t-J ,", OC, ~'. 0 O ,2-..I g- (D gl L~ rD n < ( 0 r~ fin m O -i n rt- 0 0 Z n o ~ rD r~ _r Ei ,1.4 -b ITEM NO. 3 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECUI A A GENDA REPORT City Manager/City Council Mary Jane Henry - Finance Dept. September 18, 1990 Benefits Program RECOMMENDATION: That the City Council: 1. Adopt the attached City of Temecula Flexible Benefits Plan Document. 2. Establish a monthly Flexible benefit amount for full time employees and the City Council of $450 exclusive of retirement. DISCUSSION: A Flexible Benefits Plan (or Section 125 plan) is recommended as the vehicle to provide employees with health benefits and provide cost containment for the City. This plan allows the participant to shop for benefits such as medical, dental and vision up to the amount established in 2 above. Premiums in excess of the $450 per month would be deducted from the employee's paycheck. The plan also provides for optional child care reimbursement at no additional cost to the City. The only required "purchases" would be life insurance and long term disability. Exhibit A provides examples of how the monthly allotment could be used. The monthly contribution was derived from a poll of three local agencies. If adopted, implementation of the plan would take place during October. FISCAL IMPACT: The complete benefits package would appropriate thirty percent of salaries. EXHIBIT A CITY OF TEMECULA COST SUMMARY FOR PRIMARY BENEFITS - MEDICAL, DISABILITY, LIFE Employee Only Employee & Spouse Employee & Family Medical $204 $385 $514 Disability 25 25 25 Life 9 9 9 TOTAL $238 $419 $548 City Cost** $450 $450 $450 Emp. Cost 0 0 $ 98 City "Flex" $212 $ 31 $ 0 CITY OF TEMECULA FLEX I BLE BENEF ITS PLAN OCTOBER 1990 CITY OF TEMECULA FLEXIBLE BENEFITS PLAN TABLE OF CONTENTS ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII SCHEDULE A-i' SCHEDULE A-2 ART. I ART. II ART. III ART. IV ART. V SCHEDULE A-3 ART. I ART. II ART. III ART. IV ART. V FOREWORD AND PURPOSE 1 DEFINITIONS AND CONSTRUCTION 1 ELIGIBILITY, PARTICIPATION AND ENROLLMENT 3 CONTRIBUTIONS 6 ADMINISTRATION 7 AMENDMENT OF THE PLAN 9 TERMINATION OF THE PLAN 9 MISCELLANEOUS 10 PREMIUMS Ai-1 DEPENDENT CARE COMPONENT A2-1 FORWARD AND PURPOSE A2-1 DEFINITIONS AND CONSTRUCTION A2-1 DEPENDENT CARE ASSISTANCE A2-2 DEPENDENT CARE ASSISTANCE ACCOUNTS A2-3 PAYMENT OF DEPENDENT CARE ASSISTANCE A2-4 MEDICAL REIMBURSEMENT COMPONENT A3-1 FORWARD AND PURPOSE A3-1 DEFINITIONS A3-1 MEDICAL REIMBURSEMENTS A3-1 MEDICAL REIMBURSEMENT ACCOUNTS A3-2 PAYMENT OF MEDICAL REIMBURSEMENTS A3-3 CITY'OF TEMECULA FLEXIBLE BENEFITS PLAN ARTICLE I FOREWORD AND PURPOSE The City of Temecula Flexible Benefits Plan permits Participants to elect to receive cash or coverage for themselves and their eligible Dependents under various Component Plans. The Plan has been established by the exclusive benefit of its Employees under Section 125 of the Internal "cafeteria plan". City of and is Revenue Temecula for the intended to qualify Code of 1986, as a ARTICLE II DEFINITIONS AND CONSTRUCTION 2.1 Definitions: Where the following words and phrases appear in this Plan they shall have the meaning set forth below, unless a different meaning is plainly required by the context: (a) Code: The Internal Revenue Code of 1986 and regulations and rulings issued thereunder, as amended from time to time. (b) Component Plan: Any one of the plans listed in subsection (c) below. It is intended that each of the Component Plans shall constitute a "qualified benefit" within the meaning of Section 125 of the Code. (c) Coverage Expenses: The insurance premiums or other costs for the benefit coverage a Participant elects pursuant to Section 3.3, and which is provided under one or more of the Component Plans which are attached hereto and incorporated herein by reference: SEE SCHEDULE "A-i, A-2, A-3" (d) Covered Compensation: For each Plan Year, a Participant's Covered Compensation shall mean the actual compensation (including bonuses and overtime) accrued or paid by the Employer to the Employee for the period during which the Employee was a Participant in this Plan. (e) Dependent: A spouse or child of the participant as defined in the various benefit plans listed on schedule "A-I". - 1 - (f) Discrimination: This Plan shall not be operated in such a manner as to discriminate in favor of highly compensated individuals pursuant to Code Sections 89 & 105. (g) Effective Date: is October 1, 1990. The date upon which this Plan is effective (h) Employee: Any person who is an employee (the term "employee" having its customary, common law meaning) of the Employer and who is receiving remuneration for personal services rendered to the Employer and is eligible for coverage in the various benefit plans offered by the Employer. (i) Employer: The City of Temecula. (j) Employer Contribution: The Employer Contribution for each Plan Year shall be the sum of (1) and (2) below: (1) Non-elective contributions: The amount the Employer makes available for the benefit of each Participant for the Plan Year pursuant to Section 4.1. (2) Elective Contributions: The amount of Flexible Pay applied to a Participant's Coverage Expenses under the Plan. It is intended hereunder that such amounts shall, for tax purposed (including Section 125 of the Code), constitute an Employer Contribution. For each Plan Year, the maximum amount of Employer Contribution available under the Plan to any Participant for application to his or her Coverage Expenses shall be that amount set forth in Schedule A of the Plan. For purposes of Section 125 of the Code, the amount set forth in Schedule A shall constitute the maximum Employer Contribution available to any Participant under the Plan during a Plan Year. The maximum amount shall be determined by the Employer prior to the beginning of the Regular Enrollment Period for the ensuing Plan Year and shall be adjusted as necessary due to increases in cost of the coverage. (k) ERISA: Public Law 93-406, the Employee Retirement Income Security Act of 1974 and regulations and rulings issued thereunder as amended from time to time. (1) Fiduciaries: The Named Fiduciaries who shall be the Employer and the Plan Administrator, and other parties designated as Fiduciaries by such Named Fiduciaries in accordance with the powers herein provided, but only with respect to the specific responsibilities of each in connection with the Plan. (m) Flexible Pay: The amount of Covered Compensation that, pursuant to Section 4.2, is applied on behalf of a Participant to pay his or her Coverage Expenses or that (to the extent not otherwise applied). he or she may elect to receive as additional cash compensation. (n) Highly Compensated Participant: See Key Employee below. (o) Key Employee: A Participant who is (1) an officer of the Employer having at least $45,000 annual compensation from the Employer or such other amount as is prescribed by the Secretary of the Treasury from time to time, pursuant to Code Section 415 (d)(1)(B); provided however, that no more than 50 employees, or if the number of employees of the Employer is less than 500, the greater of three of 10% of the employees, shall be treated as officers; (2) one of the 10 employees, having at least $30,000 annual compensation from the Employer (or such other amount as is prescribed by the Secretary of the Treasury from time to time pursuant to Code Section 415 (d)(1)(B). (p) Participant: Any terms of the Plan for qualified. Employee who participation has qualified under the herein and who remains so (q) Plan: The City of Temecula Flexible herein, as amended form time to time. Benefits Plan set forth (r) Plan Administrator: successors,.which shall have provided in Article V. The Employer authority to or its successor or administer the Plan as (s) Plan Year: The first Plan Year shall be the period commencing October 1, 1990 and ending June 30, 1991. All subsequent Plan Years shall be the 12-month period commencing on July 1 and ending on June 30. 2.2 Construction: As used in this Plan, the masculine gender includes the feminine, and the singular includes the plural, unless the context clearly indicates to the contrary. The words "hereof", "hereunder" and other similar compounds of the word "here" mean and refer to the entire Plan, not to any particular provision or section. ARTICLE III ELIGIBILITY, PARTICIPATION AND ENROLLMENT 3.1 Eligibility and Participation: (a) Commencement of Participation: An eligible Employee, as defined in Section 2.1, shall commence (or recommence) participation in this Plan on the latest of the following dates: (1) the Effective Date of the Plan, (2) the first day of the month following the Employee's first full calendar month of employment or reemployemnt [may not exceed 37 months] as an Employee; or (3) the date (as determined by the Plan Administrator) that the Election Form is filed by the Participant. - 3 - Not withstanding the preceding sentence, an Employee who is disabled and not' actively employed on the date his or her participation would otherwise have commenced shall not become a Participant in the Plan until the date he or she returns to active employment as an Employee. A Participant's right to participant in any Component Plan shall be dependent upon the Participant's satisfying the specific terms and conditions of participation which are applicable to such Component Plan. (b) Termination of Participation: A Participant shall continue to participate in this Plan until the earlier of the following dates: (1) The day Participant ceases to qualify as a participant resulting from termination of employment or failure to make required contributions, if any; (2) the day Participant terminates membership in a group or class of employees eligible for Plan or Program benefits; (3) with respect to a covered dependent, the date such person ceases to be a dependent; or (4) the date the Plan is terminated. 3.2 Enrollment: An eligible Employee as defined in section 2.1 may enroll (or re-enroll) in the Plan by submitting to the Plan Administrator, during an enrollment period described in subsection (a) below, an Election Form which specifies his or her elections for the Plan Year as to Dependent status and benefit coverage under the Component Plans for which he or she is eligible, which sets forth his or her agreement to use the necessary amount of Flexible Pay to pay his or her Coverage Expenses (if any), and which meets such other standards for completeness and accuracy as the Plan Administrator may establish. Such Employee shall specify his election as to Dependent status as coming within one of the following categories; (i) Employee without Dependents, or (ii) Employee with one Dependent, or (iii) Employee with two or more Dependents. A Participant's Election Form shall not be effective prior to the date such form is submitted to the Plan Administrator. Any Election Form submitted by a Participant in accordance with this Section shall remain in effect until the earlier of the following dates: the date the Participant terminates participation in the Plan or the effective date (as determined by the Plan Administrator) of a subsequently filed Election Form submitted pursuant to subsections (a) (2) and (3) below. (a) Enrollment Periods: (1) Each Employee who is eligible, as defined in Article 2.1 on October 1, 1990 shall have an Initial Enrollment Period which shall begin on September 20, 1990 and shall terminate on October 15, 1990. Each Employee who becomes eligible on or after October 1, 1990 shall have an Initial Enrollment Period which shall begin on the first day of his or her eligibility to participate as a eligible employee and shall terminate 45 days thereafter. - 4 - (2) Each participant shall have a Regular Enrollment Period during which to make elections for the immediately ensuing Plan Year. The Regular Enrollment Period for such Plan Year shall commence on May 15 prior to such Plan Year, and shall terminate 45 days thereafter June 30. (3) A participant who incurs a change in Dependent status shall have a Special Enrollment Period which shall begin on the date of his or her Dependent status changes and shall terminate 45 days thereafter. For purposes of this paragraph, shall change when his or her identity, or employment. a Participant's Dependent status Dependents change in number, (b) Enrolling Dependents: An eligible Employee may enroll in the Plan any or all of his or her Dependents during his or her Initial Enrollment Period, Regular Enrollment Period, or Special Enrollment Period. A Participant who incurs a Dependent status change may enroll any new Dependents during the Special Enrollment Period commencing on the date such individuals become Dependents of the Participant. Any Dependent not enrolled during an Enrollment Period described in the two preceding sentences may be enrolled thereafter for the current Plan Year only with the consent of the Plan Administrator. An Employee shall enroll his or her Dependents by specifying, on such forms as the Plan Administrator may require, the Dependents' names and birth dates, and by electing the category of dependent coverage that corresponds to the number of Dependents the Employee wishes to enroll. (c) Limitations on. Enrollment Elections: A Participant's right to elect certain benefit coverage shall be limited hereunder to the extent such rights are limited in a Component Plan or in rules adopted by the Plan Administrator. Furthermore, a Participant shall not be entitled to revoke an Enrollment Election after a period of coverage has commenced and to make a new Enrollment Election with respect to the remainder of the period of coverage unless both the revocation and the new election are on account of and consistent with a change in family status (e.g., marriage, divorce, death of a spouse or child, birth or adoption of child, and termination of employment of spouse). (d) Notice of Eligibility: The Plan Administrator shall notify employees of their eligibility to participate in the Plan and of the terms of the Plan. Each Participant shall be furnished with a copy of this Plan Description. - 5 - ARTICLE IV CONTRIBUTIONS 4.1 Nonelective Contributions: For each Plan Year, the Employer in its sole discretion, may make on behalf of each Participant a Nonelective Contribution to provide benefits for such Participant and his or. her Dependents, if applicable, under the Plan. The amount of a Nonelective Contribution shall be calculated for each Plan Year in a uniform and nondiscriminatory manner based on the Participant's Dependent status category (as elected under Section 3.2), the commencement or termination date of the Participant's employment during the Plan Year, and such other factors as the Employer shall prescribe. If the amount of the Nonelective Contribution exceeds the cost of the benefit coverage selected by the Participant, no such excess amounts will be currently paid to the Participant, but shall be credited as deferred compensation. 4.2 ELECTIVE CONTRIBUTIONS: (a) FLEXIBLE PAY CONTRIBUTIONS: Each Participant shall authorize the Plan Administrator to withhold from his or her Covered Compensation for the Plan Year an amount of Flexible Pay equal to his or her Coverage Expenses in excess of his or her Nonelective Contribution for such year. Any Flexible Pay which is withheld form a Participant's Covered Compensation pursuant to this Section shall be withheld in approximately equal installments from the amounts payable to the Participant for each pay period during the Plan Year ( or such portion of the year as the Plan Administrator may designate). For Employees whose salary during the year is paid to them over a period of time less than a year, Flexible Pay amounts will be withheld in installments as determined by the Plan Administrator. If an Employee becomes a Participant after the beginning of the first pay period of the Plan Year, the amount withheld from his or her Covered Compensation during such year shall be a pro rata share of the amount that would have been withheld had he or she been a Participant in the Plan as of the beginning of the Plan Year. (b) ELECTION: An election under subsection (a) to authorize withholding of Flexible Pay shall be made on an Election form submitted in accordance with Section 3.2. an election to have withheld an amount of Flexible pay which, in the determination of the Plan Administrator, exceeds the limitation on Flexible Pay set forth in subsection (a) may in the discretion of the Plan Administrator be treated as void or an election to have withheld the maximum amount permissible under such limitation. 4.3 EFFECT OF CHANGE IN DEPENDENT STATUS: If a Participant's elections change during the Plan Year because of an election made during a Special Enrollment Period, then in accordance with rules adopted by the Plan Administrator appropriate adjustments shall be made in the am6unt withheld from or added to the Participant's pay for the balance of the year to reflect any changes in the Participant's Elective Contributions and benefit elections. - 6 - ARTICLE V ADMINISTRATION 5.1 ALLOCATION OF RESPONSIBILITY AMONG FIDUCIARIES FOR PLAN ADMINISTRATION: The Fiduciaries shall have only those powers, duties, responsibilities, and obligations as are specifically given or delegated to them under this Plan. (a) The Employer shall have the sole responsibility for making the Employer Contributions under the Plan as specified in Article IV. (b) The Employer shall have the sole authority to appoint and remove the Plan Administrator, and to amend or terminate this Plan in whole or in part. (c) The Plan Administrator shall for the administration of the specifically described herein. have the sole responsibility Plan, which responsibility is (d) Each Fiduciary warrants that any directions given, information. furnished, or action taken by it shall be in accordance with the provisions of the Plan authorizing or providing for such direction, information or action of another Fiduciary as being proper under the Plan, and is not required under the Plan to inquire into the propriety of any direction, information or action. 5.2 ADMINISTRATOR: The Plan shall be administered by the Plan Administrator which may appoint or employ persons to assist in the administration of the Plan and may appoint or employ any other agents it deems advisable, including legal counsel, actuaries, auditors, bookkeepers and recordkeepers to serve at the Plan Administrator's direction. All usual and reasonable expenses of the Plan and the Plan Administrator may be paid by the Employer or this Plan. 5.3 CLAIMS PROCEDURE: The Plan Administrator, or a party designated by the Plan Administrator, shall make all determinations as to the right of a person to an Employer Contribution under the Plan. If an assertion of any such right by a Participant or Dependent is wholly or partially denied, the Plan Administrator, or the designated party, will provide such claimant a comprehensible written notice within 90 days after receipt of the claim, unless circumstances warrant an extension of time not to exceed an additional 90 days, setting forth: (a) The specific reason or reasons for such denial; - 7 - (b) Specific reference to pertinent Plan provisions on which the denial is based; (c) A description of any additional material or information necessary .for the claimant to submit pertinent to the claim and an explanation of why such material or information is necessary; (d) A description of the Plan's claim review procedure. The review procedure is available upon written request by the claimant to the Plan Administrator, or the designated party, within 60 days after receipt by the claimant of written notice of denial of the claim, and includes the right to examine pertinent documents and submit issues and comments in writing to the Plan Administrator, or the designated party. The decision on review shall be made within 60 days after receipt of request for review, unless circumstances warrant an extension of time not to exceed an additional 60 days. The decision shall be in writing and drafted in a manner calculated to be understood by the claimant, and shall include specific reasons for the decision with references to the specific Plan provisions on which the decision is based. 5.4 OTHER ADMINISTRATIVE POWERS AND DUTIES: The Plan administrator shall have such powers and duties as may be necessary to discharge its functions hereunder, including: (a) to construe and interpret the Plan, decide all questions of eligibility and determine the amount, manner and time of payment of any reimbursements hereunder; (b) to prescribe procedures to be followed by Participants electing benefit coverages or filing applications for reimbursements; (c) to prepare and distribute, in such' manner as the Plan Administrator determines to be appropriate, information explaining the Plan; (d) to receive from Employees, agents and Participants such information as shall be necessary for the proper administration of the Plan; (e) to receive, review and keep on file (as it deems convenient or proper) reports of the receipts and disbursements of the Plan; (f) to appoint or employ individuals or other parties to assist in the administration of the Plan and any other agents it deems advisable, including accountants, legal counsel, bookkeepers and recordkeepers, and (g) to designate or employ persons to Administrator's fiduciary duties or Plan, carry out any of the Plan responsibilities under the -0- 5.5 RULES AND DECISIONS: The Plan Administrator may adopt such rules and procedures as it deems necessary, desirable, or appropriate for the administration of this Plan. All rules, procedures and decisions of the Plan Administrator shall be uniformly and consistently applied to all Participants in similar circumstances. When making a determination or calculation, the Plan Administrator shall be entitled to rely upon information furnished by a Participant, a Dependent, the duly authorized representative of a Participant or Dependent or the legal counsel of the Plan Administrator. 5.6 FORMS AND REQUESTS FOR INFORMATION: The Plan Administrator may require a participant to complete and file such forms as are provided for herein and all other forms prescribed by the Plan Administrator, and to furnish all pertinent information requested by the Plan Administrator. The Plan Administrator may rely upon all such information, including the Participant's current mailing address. 5.7 RESPONSIBILITY FOR PLAN: The complete authority to control and manage the operation and administration of the Plan shall be placed in the Plan Administrator, who shall be solely responsible for the operation of the Plan in accordance with its terms. ARTICLE VI AMENDMENT OF THE PLAN The Employer shall have the right at any time by instrument in writing, duly executed and acknowledged, to modify, alter or amend this Plan in whole or in part, provided however, that no such amendment shall diminish or eliminate any claim for any benefit to which a Participant shall have become entitled prior to such amendment. Notwithstanding the foregoing, the Employer shall have the limited right to amend the Plan at any time, retroactively or otherwise, in such respects and to such extent as may be necessary to fully qualify it as a "cafeteria plan" under existing and applicable laws and regulations, including Section 125 of the Code, and if and to the extent necessary to accomplish such purpose, may by such amendment decrease or otherwise affect benefits to which Participants may have already become entitled. ARTICLE VII TERMINATION OF THE PLAN The Plan herein provided for has been established by the Employer with the bona fide intention that it shall be continued in operation indefinitely. However, the Employer reserves the right at any time to terminate or partially terminate the Plan. Should the Employer decide to terminate or partially terminate the Plan, the Plan Administrator shall be notified of such termination in writing and shall proceed at the direction of the Employer to take such steps as are necessary to discontinue the operation of the Plan in an appropriate and timely manner. - 9 - ARTICLE VIII MISCELLANEOUS 8.1 EMPLOYMENT RIGHTS: Under no circumstances shall the terms of employment of any Participant be modified or in any way affected hereby. This Plan shall not constitute a contract of employment nor afford any individual any right except as contained herein nor to ba retained in the employ of the Employer. 8.2 NONASSIGNABILITY: To the extent permitted by law, Participants are prohibited from anticipating, encumbering, alienating or assigning any of their rights, claims or interests in this Plan, and no undertaking or attempt to do so shall in any way bind the Plan Administrator or be of any force or affect whatsoever. Furthermore, to the extent permitted by law, no such rights, claims or interest of a Participant in this Plan shall in any way be subject to such Participant's debts, contracts or engagements, nor to attachment, garnishment, levy or other legal or equitable process. Provided however, anything to the contrary harain notwithstanding, to the extent permissible under applicable law, a Participant's interest hereunder is subject to all bona fide and existing debts owed by such Participant to the Plan. 8.3 NO GUARANTEE ON NON-TAXABILITY: The Plan is designed and is intended to be operated as a "cafeteria plan" under Section 125 of the Code. Nonetheless, neither the Employer nor any Plan Fiduciary shall in any way be liable for any taxes or other liability incurred by a Participant or anyone claiming through him or her by virtue of Participation in this Plan. The Plan does not prohibit, and indeed contemplates, the payment of taxable benefits under certain of the Component Plans. 8.4 NONDISCRIMINATION: In accordance with Section 89, 105, & 125 (b) (1) and (2) of the Code, the Plan is intended not to discriminate in favor of Highly Compensated Individuals as to eligibility to participate or as to contributions and benefits, nor to provide more than 25% of all qualified benefits to Key Employees. If, in the operation of the Plan, more than 25% of the total qualified benefits are found to be provided to Key Employees, or the Plan discriminates in any other manner (or is in danger of so discriminating), then notwithstanding any other provision contained herein, the Plan Administrator shall reduce or adjust such contributions and/or benefits under the Plan as shall be necessary to assure that, in the Judgement of the Plan Administrator, the Plan thereafter will not discriminate. All rules, procedures and decisions of the Plan administrator shall be adopted, made and/or applied in such fashion that they do not discriminate in favor of Highly Compensated Participants and Key Employees. 8.5 DELEGATION OF AUTHORITY BY EMPLOYER: Whenever the Employer under the terms of' this Agreement is permitted or required to do or perform any act or matter or thing, it shall be done and performed by any officer or individual duly authorized by the Employer. 8.6 CONSTRUCTION OF AGREEMENT: This Plan shall be construed according to the laws of the State of California and all provisions hereof shall be administered according to and its validity and enforceability shall be determined under the laws of such state, except where preempted by the Code or ERISA 8.7 HEADINGS: The headings of sections and subsections are for ease of reference only any shall not be construed to limit or modify the detailed provisions hereof. 8.8 ENTIRE PLAN STATED: This document sets forth the entire plan. No other employee benefit or employee benefit plan which is or may hereafter be maintained by the Employer on a nonelective basis shall constitute a part of this plan. - 11 - CITY OF TEMECULA FLEXIBLE BENEFITS PLAN SCHEDULE A MONTHLY CITY CONTRIBUTION FOR EACH ELIGIBLE EMPLOYEE EFFECTIVE THE FIRST OF THE MONTH FOLLOWING ONE FULL MONTH OF ELIGIBLE EMPLOYMENT IS: $450 WITH PHEMCA MEDICAL PLAN PARTICIPATION $434 WITHOUT PHEMCA MEDICAL PLAN PARTICIPATION SCHEDULE A-1 LIFE INSURANCE: BANKERS SECURITY GROUP TERM- .12 TO .14/$1,000 OF COVERAGE " " " ' AD&D .05 " " " " ($50,000 OF COVERAGE ~ $8.50 TO $9.50/M0. PER EMPLOYEE) LONG TERM DISABILITY INSURANCE: UNUM 1.01% OF COVERED SALARY TO A MAXIMUM COVERED SALARY OF $9,009/MO. SCHEDULE A-1 CONTINUED HEALTH PLANS: MONTHLY RATES - HEALTH NET LINCOLN NATIONAL MAXICARE PARTNERS ROSS LOOS/CIGNA PERS-CARE (INDEMNITY) 1 PARTY 2 PARTY FAMILY 128.36 256.72 372.24 134.84 279.12 393.73 128.99 257.76 389.49 149.74 302.48 434.25 141.61 277.04 371.88 204.00 385.00 514.00 DENTAL PLAN: DENTICARE $16/MO. VISION PLAN: AVP $9.20/MO. EMPLOYEE ONLY $15.75/MO. EMPLOYEE AND DEPENDENTS SCHEDULE A-1 CONTINUED COLONIAL LIFE AND ACCIDENT INSURANCE COMPANY PLANS N6CP NSCP E10B E12B PA00 PA01 PA02 XXXX XXXX Accident & Disability Sickness & Disability Cancer Employee/Dependent Life Long. Term Care $16.25/mo. 18.75/mo. 23.50/mo. 29.00/mo. 19.50/mo. 25.50/mo. 31.25/mo. Individual Rate (Additional coverages may be offered at the sole discretion of the City) SCHEDULE A-2 DEPENDENT CARE ASSISTANCE COMPONENT PLAN ARTICLE I. FORWARD AND PURPOSE This Dependent Care Assistance Component Plan is established for the exclusive benefit of employees and is intended to qualify as a dependent care assistance program under Sections 125 and 129 of the Code. The purpose of the Plan is to enable employee Participants to elect to receive payments or reimbursements of their dependent care expenses in lieu of their compensation, which payments are incurred by Participants in connection with their employment and are excludable from the Participant~s gross income under Sections 125 and 129 of the Code. ARTICLE II. DEFINITIONS AND CONSTRUCTION 2.1 Definitions. Where the following words and phrases appear in this Plan, they shall have the following meanings, -unless a different meaning is plainly required by the context: (a) Dependent: (1) General Rule: Any individual who is (i) a dependent of the Participant who is under the age of 13 and with respect to whom the Participant is entitled to an exemption under Section 151(c) of the Code, or (ii) a dependent or spouse of the Participant who is physically or mentally incapable of caring for himself. (2) Special Rule for Divorce or Separation of Parents: Notwithstanding subsection (1), if (i) either Code Section 152(e)(2) (regarding the release by a custodial parent of a claim to a dependency exemption) or Code Section 152(e)(4) (regarding various pre-1985 divorce or separation agreements) is applicable to a child of an Employee, and (ii) such child is under the age of 13 or is physically or mentally incapable of self-care, then such child shall be deemed a dependent with respect to the Employee if such Employee is the custodial parent (within the meaning of Code Section 152(e)(1) ) of the child. (3) Other relatives by blood or marriage that are incapable of caring for themselves meeting the requirements of both Sections 151 & 152 of the Code. (b) Dependent Care Assistance Account: in Article IV hereof. The account described A2-1 (c) Dependent Care Expenses: Expenses incurred by a Participant which (1) are paid or incurred for the care of a Dependent' of the Participant or for related household services, (2) are paid or incurred to a Dependent Care Service Prorider, and (3) are incurred to enable the Participant to be gainfully employed for any period for which there are one or more Dependents with respect to the Participant. Dependent Care Expenses shall not include expenses paid or incurred for services rendered outside the Participant's household for the care of Dependent unless such Dependent is described in Section 2.1(a)(1), or such Dependent regularly spends at least eight hours a day in the Participant's household. Dependent care Expenses shall be deemed to be incurred at the time the services to which the expenses relate are rendered. (d) Dependent Care Service Prorider: A person who provides care or their services described in Section 2.1(c)(1) above, but shall not include (1) a dependent care center (as defined in Code Section 21(b)(2)(D) ), unless the requirements of Code Section 21(b)(2)(C). are satisfied, or (2) a related individual described in Code Section 129 (c). (e) Earned Income: All income derived from wages, salaries, tips, self employment, and other employee compensation described in Code Section 32(c)(2) but excluding amounts received under this Plan or under any other plan providing dependent care assistance. ARTICLE III. DEPENDENT CARE ASSISTANCE 3.1 Maximum dependent care assistance. The maximum amount which the Participant may receive in any Plan Year in the form of dependent care assistance under this Plan shall be the least of (a) the Participant's Earned Income for the Plan Year, (b) the actual or deemed Earned Income of the spouse for the Plan year, or (c) $ 5,000. Provided however, that for taxable years beginning after December 31, 1986, the maximum amount that the Participant may receive in any taxable year shall not exceed $5,000. The 85,000 limit shall be reduced to 82,500 in the case of a separate return by a married individual. In the case of a spouse who is a Student or is physically or mentally incapable of caring for himself or herself, such spouse shall be deemed to have Earned Income of not less than $200 per month if the Participant has one Dependent and $400 per month if the Participant has two or more 0ependents. A2- 2 3.2 Treatment of Onsite Facilities. Except to the extent provided in regulations, effective for taxable years beginning after December 31, 1986, the amount of dependent care assistance any Participant may receive under this Plan with respect to an onsite facility maintained by the Employer shall be based on utilization of the facility by the Dependent and the value of services provided. ARTICLE IV. DEPENDENT CARE ASSISTANCE ACCOUNTS 4.1 Establishment of accounts. The Employer will establish and maintain on its books a Dependent Care Assistance Account for each Plan Year with respect to each Participant who has elected under the Flexible Benefits Plan to receive dependent care assistance for the Plan Year. 4.2 Crediting of accounts. There shall be credited to a Participant's Dependent Care Assistance Account for each Plan Year, as of each date compensation is paid to the Participant in such Plan. Year, an amount equal to the reduction for dependent care assistance, if any, to be made in such compensation in accordance with the Participant's election under the Flexible Benefits Plan. All amounts credited to each such Dependent Care Assistance Account shall be the property of the Employer until paid out pursuant to Article V. 4.3 Debiting of accounts. A Participant's Dependent Care Assistance Account for each Plan Year shall be debited from time to time in the amount of any payment under Article V to or for the benefit of the Participant for Dependent Care Expenses incurred during such Plan Year. Amounts debited to each such Dependent Care Assistance Account shall be treated as payments of those amounts first credited to the Account that have not yet been treated as paid under this Section. 4.4 Forfeiture of accounts. The amount credited to a Participant's Dependent Care Assistance Account for any Plan Year shall be used only to reimburse the Participant for Dependent Care Expenses incurred during such Plan Year, and only if the Participant applies for reimbursement on or before the 30th day following the close of the Plan Year. If any balance remains in the Participant's Dependent Care Assistance Account for any Plan Year after all reimbursements hereunder, such balance shall not be carried over to reimburse the Participant for Dependent Care Expenses incurred during a subsequent Plan Year, and shall not be available to the Participant in any other form or manner, but shall remain the property of the Employer and the Participant shall forfeit all rights with respect to such balance. A2- 3 ARTICLE V. PAYMENT OF DEPENDENT CARE ASSISTANCE 5.1 Claims for reimbursement. A Participant who has elected to receive dependent care assistance for a Plan Year may apply to the Employer for reimbursement of Dependent Care Expenses incurred by the Participant during the Plan Year by submitting an application in writing to the Plan Administrator as the Plan Administrator, setting forth; (a) the amount, date and nature of the expenses with respect to which a benefit is requested; (b) the name of the person, organization or entity to which the expense was or is to be paid; and (c) such other application shall be accompanied by bills, invoices, receipts, cancelled checks or other statements showing the amounts of such expenses, together with any additional documentation which the Plan Administrator may request. 5.2 Reimbursement or payment of expenses. The Plan Administrator reimburse the Participant's Dependent Care Expenses incurred during the Plan Year for which the Participant submits documentation in accordance with Section 5.1. The Plan Administrator may, at its option, pay any such Dependent Care Expenses directly to the Dependent Care Service Prorider in lieu of reimbursing the Participant. No reimbursement or payment under this Section 5.2 of expenses incurred during a Plan Year shall at any time exceed the balance of the Participant's Dependent Care Assistance Account for the Plan Year at the time of the reimbursement or payment. The amount of any Dependent Care Expenses not reimbursed or paid as a result of the preceding sentence shall be carried over and reimbursed or paid only if and when the balance in'such Account permits such reimbursement or payment; provided however, that no Dependent Care Expenses may be carried over from one Plan Year to the next. 5.3 Report to Participants. On or before January 31 of each year, the Plan Administrator shall furnish to each Participant who has received dependent care assistance during the prior calendar year a written statement showing the amount of such assistance paid or incurred by the Employer during such calendar year with respect to the Participant. A2- 4 SCHEDULE MEDICAL REIMBURSEMENT COMPONENT PLAN ARTICLE I. FOREWORD AND PURPOSE This Medical Reimbursement Component Plan is established for the exclusive benefit of employees and is intended to qualify under Sections 125 and 105(b) of the Code, and is to be interpreted in a manner consistent with the requirements of the Code. The purpose of this Component of the Plan is to enable employee Participants to elect to receive payments or reimbursements of Qualifying Medical Care Expenses in lieu of compensation, which payments are excludable from the Participant's gross income under Sections 125 and 105(b) of the Code. ARTICLE II. DEFINITIONS 2.1 Definitions. Where the following words and phrases appear in this plan, they shall have the following meanings, unless a different meaning is plainly required by the context: (a) Medical Reimbursement Account: Article IV hereof. The account described in (b) Qualifying Medical Care Expenses: An expense incurred by a Participant, or by the spouse or Oependent of such Participant, for medical care as defined in Section 213(d) of the Code (including without limitation amounts paid for hospital bills, doctor and dental'bills, drugs and premiums for accident and health insurance), but only to the extent that the Participant or other eligible person incurring the expense is not reimbursed for the expense through insurance or otherwise (other than under the Plan). ARTICLE III. MEDICAL REIMBURSEMENTS 3.1 The maximum amount which a Participant this Plan in the form of payments or Qualifying Medical Expenses incurred in any $2,000. may receive under reimbursements for Plan Year shall be A3-1 ARTICLE IV. HEDICAL REIMBURSEMENT ACCOUNTS 4.1 Establishment of accounts. The Employer will establish and maintain on its books a Medical Reimbursement Account for each Plan Year with respect to each Participant who has elected under the Flexible Benefits Plan to receive reimbursement of Qualifying Medical Care Expenses incurred during the Plan Year. 4.2 Crediting of Accounts. There shall be credited to a Participant's Medical Reimbursement Account for each Plan Year, as of each date compensation is paid to the Participant in such Plan Year, an amount equal to the reduction for medical reimbursements, if any, to be made in such compensation in accordance with the Participant's election under the Flexible Benefits Plan. All amounts credited to each such Medical Reimbursement Account shall be the property of the Employer until paid out pursuant to Article V. 4.3 Debiting of accounts. A Participant's Medical Reimbursement Account for each Plan Year shall be debited from time to time the amount of any payment under Article V to or for the benefit of the Participant for Qualifying Medical Care Expenses incurred during such Plan Year. Amounts debited to each such Medical Reimbursement Account shall be treated as payments of the earliest amounts credited to the Account and not yet treated as paid under this Section. 4.4 Forfeiture of accounts. The amount credited to a Participant's Medical Reimbursement Account for any Plan Year shall be used only to pay or reimburse the Participant for Qualifying Medical Care Expenses incurred during such Plan Year, and only if the Participant applies for payment or reimbursement on or before the 30th day following the close of the Plan Year. If any balance remains in the Participant's Medical Reimbursement Account for any Plan Year after all reimbursements hereunder, such balance shall not be carried over to reimburse the Participant for Qualifying Medical Care Expenses incurred during a subsequent Plan Year, and shall not be available to the Participant in any other form or manner, but shall remain the property of the Employer and the Participant shall forfeit all rights with respect to such balance. A3- 2 ARTICLE V. PAYMENT OF MEDICAL REIMBURSEMENTS 5.1 Claims for reimbursement. A Participant who has elected to receive medical reimbursements for a Plan Year may apply to the Plan Administrator for reimbursement of Qualifying Medical Care Expenses incurred by the Participant during the Plan Year by submitting an application in writing to the Plan Administrator on or before the 30th day following the close of the Plan Year, in such form as the Plan Administrator may prescribe, setting forth: (a) the amount, date and nature of the expense with respect to which a benefit is requested; (b) the name of the person, organization or entity to which the expense was or is to be paid; (c) the name of the person for whom the expense was incurred and, if such person is not the Participant requesting the benefit, the relationship of such person to the Participant; and (d) the amount recovered, or expected to be recovered, under any insurance arrangement or other plan, with respect to the expense. Such application shall be accompanied by bills, invoices, receipts, cancelled checks or other statements showing the amounts of such expenses, together with any additional documentation which the Plan Administrator may request. 5.2 Reimbursement or payment of expenses. The Plan Administrator shall reimburse the Participant from the Participant's Medical Account for Qualifying Medical Care Expenses incurred during the Plan Year, for which the Participant submits documentation in accordance with Section 5.1. The Plan Administrator may, at its option, pay any such Qualifying Medical Care Expenses directly to the person providing or supplying medical care in lieu of reimbursing Participant. No reimbursement or 'payment under this Section 5.2 of expenses incurred during a Plan Year shall at any time exceed the balance of the Participant's Medical Reimbursement Account for the Plan Year at the time of the reimbursement or payment. The amount of any Qualifying Medical Care Expense not reimbursed or paid as a result of the preceding sentence shall be carried over and reimbursed or paid only if and when the balance in such Account permits such reimbursement or payment; provided however, that no Qualifying Medical Care Expenses may be carried over from one Plan Year to the next. 5.3 Indemnification of Employer by Participants. If any Participant receives one or more payments for reimbursements under Article V that are not for Qualifying Medical Care Expenses, such Participants shall indemnify and reimburse the Employer for any liability it may incur for failure to pay or withhold federal or state income or employment tax from such payment or reimbursements. However, such indemnification and reimbursement shall not exceed the amount of additional federal and state income tax that the Participant would have owed if the payments or reimbursements had been made to the Participant as regular cash compensation, A3- 3 ITEM NO. 4 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECUI, A AGENDA REPORT TO: City Manager/City Council FROM: Deputy City Clerk DATE: September 25, 1990 SUBJECT: Application for Beverage License - Yasohachi Shiojima RECOMMENDATION: Receive and file BACKGROUND: The enclosed copy of an application for ABC License is for a restaurant located at 27511 Ynez Road. This is provided for Council's information and requires no formal action. CO PY De wet defeci---leferw ell em~Jel APPUCATION FOI ALCOHOUC IEVEIA6I LICENSE(S) To: Department of Alcohdic Beverage ContTol 1901 Broadway :"~<'*-"~ ~;" :"~'=~' '~' ~' ' Socramemo, Cotif. 95818 ~k~LIt~:.: .~.'Z~J. ~ ~_~ The undersigned hereby applies for licenses describe~ as follows: 2. NAME(S) OF APPLICANT(S) :~riI~iIINAt ya,~'tt~-j'li/;~ZFS./C.F De N4~ We/re A/levi Tk/I LJBe--ler Hee4l~eHers 041ce Osly 1. TYPE(S) OF LICENSE(S) FILE NO. Applied under Sec. 24044 [] Effective Date: ~ I'~;.. 3. TYPE(S) OF TRANSACTION(S) ~ll~. 2 40 7 ~/BANI~UF'~Y RECEIP_T, NO. GEC)~RAPHICAL ' CODE ~ ~. - Date IssuecF-3j-~; Temp. Permit Effective Date: y-14- -~ ~ FEE LIC. $ 5d.0~j 4. Name of Business 5. Lo<mion of B~sinen--Number and Sireat City and Zip Code County TOTAL ~0.0~J "47" 6. If Premim Lieend, 7. Are Premi~s Inside S~w Type of Licen~ 8. Mailing Address (if different from 5)--Num~r a~ S~m ~ ~ ~ ~., 17~4 - ave you ever Beverage Conffol Act or r~ulaHons of the ~dment per- taining ~. Explain a "YES" answer m items 9 or 10 on an o~hmenl which shall ~ dnmed ~rt of this applica~on. 12. Applicant ~re~ (a) t~t any mana~r employ~ in on-role licen~d ~emises will ha~e all ~-q~li6catlons of a iicensee, and (b) that he will not viola~ ~ cau~ ~ ~rmit ~ ~ ~ola~ any of the ~ovisions of the Alcoholic ~verage Conlrol Act, 8-30-~ 13. STATE OF CALIF~NIA Coun~ 'of ...... ~ ........................ ~ ........................... 14. AffilC~ ~ HERE ............................................ - ' ....... ......... ............... A~li 15. STATE ~ CALIffiffiIA C~n~ ~ __i ........................... h~ ..... ~ ............... 16. i~s) of L~s) ' ~ L~ s I~. Licen~ Numbs) b~H 0 4 1WU ..... '-.c:.:.,,je jontr0J 27511 ~ - F --t ~' Do ~ W~ Below r~ Lint; For l~ Us ~ City aml ~ Cmk _-~. Gt._ 92110 [] ............................................. comb ~ .... ~ ....................... O l,,mml:Feed ......... _Peadee .......................... {Mlmm ................ me.k~No .................. ITEM NO. APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Deputy City Clerk September 25, 1990 Claim for Damages - Colleen Farrell vs. City of Temecula RECOMMENDATION: Deny the Claim for Damages BACKGROUND: This claim was reviewed by the City's Liability Insurance Carrier who recommends the City Council deny the Claim of Colleen Farrell. NOTICE OF CLAIM AGAINST THE CITY OF .TEMECULA RETURN TO: (Government Code ss 910, 910.2) CITY OF TEMECULA P.O. BOX 3000 Temecuta, CA 92390 Attention: City Clerk CLAIMANT ' S NAME: COLLEEN FARRELL 515 S. Palm CLAIMA~NT ' S ADDRESS: Number Heme t City Street CA 92343 State Zip Code NAME AND ADDRESS OF PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different than above): Craig F. Castle, Esquire DAVIS, SAMUELSON, BLAKELY & GOLDBERG, 535 Anton Blvd., Suite 800, Costa Mesa, CA 92626 DATE OF THE ACCIDENT OR OCCURRENCE: June 4, 1990 Winchester Road at the intersection of PLACE OF THE ACCIDENT OR OCCURRENCE: Nicholas Road, City of Temecula GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (attach additional pages if more space is needed): Claimant Colleen Farrell was lawfully and prudently operating her motor vehicle on the above-indicated date and location when she was struck by a vehicle beinK driven by one Conrad Anthony Baker. Claimant contends that the subject intersection where the accident occurred was unsafe, and negligently desiKned, enKineered, constructed, maintained, improved and/or controled by, inter alia, the City of Temcula so as to constitute a dangerous condition of public property which caused the NAMES, IF KNOWN, OF ANY PUBLIC EMPLOYEES CAUSING THE INJURY OR accident in whol~ LOSS: Not known at this time. part. NAI~ES AI~'D ADDRESS OF WITNESSES: NAME AD DRE S S TELEPHONE 1. Colleen A. Farrell - 515 S. Palm, Hemet, CA 92343 925-9976 2. Conrad Anthonv Baker - 441 Altura~. Fa]]Br~n~, ~ Q?~?~ (6]9)723-7374 3. O~ficer M.T. Travino #9169 - California Highway Patrol NAME AND ADDRESS OF DOCTORS, HOSPITALS WHERE TREATED: NAME ADDRESS TELEPHONE 1. Fallbrook Hospital 624 East Eider St., Fallbrook, CA 92028 (619) 728-1191 2. Dr. James W. Landes 521 East Eider St., #104, Fallbrook CA 92028 (619) 728-4773 *3. Dr. David Hisey 521 E. Eider St., #103, Fallbrook, CA 92029 (619) 728-5753 GENERAL DESCRIPTION OF THE LOSS, INJURY OR DAMAGE SUFFERED: Fractured right foot, fractured LI vertebral body, fractured sternum. As a result of these injuries claimant has required medical attention and has incurreH Ham~ges for medical expenses to date in the sum of $4,081.14 and in addition. c]a~m~n~ has sut~ered general damages in the amount of $250,000.00. *4. Dr. Charles Taft - 521 E. Elder Street, Fall~rook, CA 92028 (619) 728-5753 TOTAL AMOUNT CLAIMED: $510,000.00 approximately. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: Damages incurred to date: Expenses for medical hospital care: Loss of earnings: Special damages for: property damage loss of use of vehicle $ 4,081.14 $ unknown at this time. $ 5,000.00 approximately $ 1,000.00 approximately General Damages Estimated prospective damages as far as known: Future expenses fcr medical and hospital care: Future loss of earnings: Other prospective special damages: Prospective general damages: $ 500,000.00 $ unknown at this time. $ $ $ 500 , 000 . 00 I/we, the undersigned, declare under penalty of perjury that I/we have read the foregoing claim for damages and know the contents thereof; that the same is true of my/our own knowledge and belief, save and except as to those matters wherein stated on information and belief, and as to them, I/we believe it to be true. DAV~ SAM. UELS0~N, B~Y & GOLDBERG DATED: August !~ , 1990 , SiGNA,~ OF CLAIMANT(S) Attorney for COLLEEN FARRELL Received in Finance Department this day of S.T. GNA?TJRE FOR CLAIMS RELATING TO INJURY TO PERSON OR PERSONAL PROPERTY, THIS FORM MUST BE FILED WITH City of Temecula WITHIN SIX MONTHS FROM THE ACCRUAL OF THE CAUSE OF ACTION. A CLAIM RELATING TO ANY OTHER CAUSE OF ACTION SHALL BE PRESENTED NO LATER THAN ONE YEAR AFTER ACCRUAL OF THE CAUSE OF ACTION. ITEM NO. 6 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department September 25, 1990 Vestin9 Tract Map No. 23267-1 PREPARED BY: Robert Righetti RECOMMENDATION: That the City Council Approve Vesting Final Tract Map No. 23267-1, subject to the Conditions of Approval. DISCUSSION: Vesting Tentative Tract No. 23267 was submitted to the County of Riverside on February 29, 1988. It was approved by the Board of Supervisors on October 25, 1988. The applicant requested phasing for units 1, 2, and 3 on May 30, 1989, and approval was given on June 5, 1989 by Riverside County Planning. Vesting Final Tract Map no. 23267-1 contains 56 lots on 15.94 9ross acres, and is located southerly of Highway 79 and westerly of Margarita Road. The tract lies adjacent to the Redhawk Specific Plan (S.P. 217) and the Vail Ranch Specific Plan (S.P. 223). The developer is Presley Homes of San Diego. The following fees are required for the development of this tract: Traffic Signal Mitigation Fee JAIl phases, Deferred) Fire Mitigation Fee (Deferred to Building Permit) K-Rat Habitat Fee JAIl phases) $ 90, 150.00 22,400.00 368,536.35 No area drainage fee was required because the tract lies outside the boundary of a designated watershed boundary as defined by Riverside County Flood Control. STAFFRPT\VTM23267.-1 1 The following bonds have been posted for this tract: Faithful Performance Street and Drainage Water Sewer $891,556.00 87,635.00 117,577.00 Survey Monuments Traffic Signal Taxes $ 8,256.00 90,150.00 81,480.00 Labor and Material $445,778.00 43,817.50 58,788.50 FISCAL IMPACT: Not determined. SUMMARY: Staff recommends that the City Council APPROVE Vesting Final Tract Map No. 23267-1, subject to the Conditions of Approval. RR:ks Attachments: 1. Conditions of Approval 2. Fees & Securities Report 3. Copy of Map 4. Location Map STAFFRPT\VTM2 3 2 6 7. - 1 FEES AND SECURITIES REPORT PROJECT NO: Tract No. 23267-1 DATE: September 18, 1990 IMPROVEMENTS Streets and Drainage Water Sewc~' Total FAITHFUL PERFORMANCE SECURITY Maintenance Retention (10%) for one year Monument Security $ Plan Check & Inspection Fee: (Offsite Improvements) Fee Paid to Date (Credit) (Fees Paid to County) Plan Check & Inspection Fee Due ,,,onument Inspection Fee Soils Compaction Testing Deposit Total Plan Check and InspeGtion Fees Due RCFC Drainage Fee Due ( AC x ) $ Signalization Mitigation Fee (601 Lots x 150) $ Fire Mitigation Fee (400 x 56 Lots) $ $ 891,556.00 $ $ 87,635.00 $ $ 117,577.00 $ $ 1,096,768.00 $ 109,676.00 8,256.00 -0- 90,150.00 22,400.00 MATERIAL & LABOR SECURITY 445,778.00 43,817.50 58,788.50 $ 548,384.00 $ 72,258.24 $ 5,267.00 $ 66,991.24 $ -0- $ -0- $ 66,991.24 STAFFRPT\ VTM2 3 2 6 7. - 1 RIVERSIDE COUNTY PLANNING DEPARTMENT SUBDIVISION CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT NO. 23267 DATE: AMENDEI) NO. 2 EXPIRES: STANDARD CONDITIONS 1. The subdivider shall defend, indemnify, and hold harmless the County of Riverside, its agents, officers, and employees from any claim, action, or m proceeding against the County of Riverside or its agents, officers, or o employees to attack, set aside, void,.or annul an approval of the County U ~ ~ of Riverside, its advisory agencies, 'appeal boards or legislative body · ~ concerning Vesting Tentative Tract No. 23267, which action is brought ) u~ ~ about within the time period provided for in California Government Code ~ Section 66499.37. The County of Riverside will promptly notify the subdivider of any such claim, action, or proceeding against the County of Riverside and will cooperate fully in the defense. If the County fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the County of Riverside. The tentative subdivision shall comply with ~he State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule A, unless modified by the conditions listed below. This conditiOnally approved tentative map will expire two years after the County of Riverside Board of Supervisors approval date, unless extended as provided by Ordinance 460. 4. The final map shall be prepared by a licensed land surveyor subject to all the requirements of the State of California Subdivision Map Act and Ordinance 460. The subdivider shall submit one copy of a soils report to the Riverside County Surveyor's Office and two copies to the Department of Building and Safety. The report shall address the soils stability and geological conditions of the site. If any grading is proposed, the subdivider shall submit one print of comprehensive_grading plan to the Department of Building and Safety. The plan shall com~ly w~th the Uniform Building Code, Chapter 70, as amended by Ordinance 457 and as maybe additionally provided for in these conditions of approval, VESTING TERTAT]VE TRACT NO. 23267 ~nd. #2 Conditions of Approval Page 2 10. 11. 12. 13. 14. 15. 16. A grading permit shall be obtained from the Department of Building and Safety prior to commencement of any grading outside of county maintained road ri f ght o way. Any delinquent property taxes shall be paid prior to recordation of the final map. Thesubdivider shall comply with the street improvement' recommendations outlined in the Riverside County Road Department's letter dated 10-07-88, a copy of which is attached. Legal access as required by Ordinance.460 shall be provided from the tract map boundary to a County maintained road.' All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved b the Road Commissioner. Street names shall be subject to approval of tKe Road Con~issioner. Easements, when required for roadway slopes,. drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the County Surveyor. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department's letter dated 9-12-88, a copy of which is attached. The subdivider shall comply with the flood control recommendations outlined by the Riverside .County Flood Control District's letter dated 10-18-88, a copy of which is attached. If the land division lies within an adopted flood control drainage area pursuant to Section 10.25 of Ordinance 460, appro riate fees for the construction of area drainage facilities shall be coVlected by the Road Commissioner. {Amended at P.C. on t0-19-88 The subdivider shall com~ly with the fire improvement recommendations outlined in the County hre Marshal's letter dated 9-9-88, a copy of which is attached. Subdivision phasing, including any proposed common open space area in~rovement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. 17, Lots created by this subdivision shall comply with the following: VESTI!IG TENTATIVE TRACT II0. 23267 Amd. t2 Coed(tfons of Approval Page 3 18, a, All lots shall have a minimum size of 4500 square feet net. b. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or rovided with other erosion control measures as approved the ~irector of Building and Safety. ' Prior to RECORDATION of the final map the followin~ conditions shall be satisfied: ...... a. Prior to the recordation of the ~'inal'map the applicant shall submit written clearances to the Riverside County Road and Survey Department that all pertinent requirements outlined in the attached approval lettars from the following agencies have been met: County Fire Department County Flood Control County Parks Department County Prior to the recordation of the final map,.Change of Zone No. 5150 shall be approved by the Board of Supervisors. and shall be effective. Lots created by this land division shall be in conformance with the development standards of the zone ultimately applied to the property. Prior to recordation of the final map, the project site shall be annexed into C.S.A- 143. Prior to recordation of the final map, the subdivider shall convey to the County fee simple title, to all common or con~on open space areas, free and clear of all liens, taxes, assessment, leases (recorded and unrecorded} and easements,. except those easements which in the sole discretion of the County are acceptable. As a condition precedent to the County accepting title to such areas, the subdivider shall submit the following documents to the Planning Department for review, which documents shall be subject to the approval of that department and the Office of the County Counsel: 1) A declaration of covenants, conditions and restrictions; and z) A sample document conve ing title to the purchaser of an tndlvidual lot or unit whtc~ provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference. l!he declaration of covenants, conditions and restrictions submitted for review shall ~al provide for a term of 60 years, {b) provide for 'the establisl~nent o property owners' association comprised of the 1rEeFING 1TNTX~E TRACT NO. 23267/~d. ~2 Cond(tt~ns af Approval Page 4 owners of each individual lot or unit and (c) contain the following provisions verbatim: 'Notwithstanding any provision in this Declaration to. the contrary, the following provision shall apply: The property owners' association established herein shall, if dornBnt, be activated, by incorporation or otherwise, at the request of the County of Riverside, and the property o~ners' association shall unconditionally accept from the County of Riverside, upon the County's demand, title to all or any part of the 'con~non area', more par. ticularly described on Exhibit'A' attached hereto. The decision' to require activation of the property owners' association and the decision to require that the association unconditionally accept title to the 'common area' shall be at the sole discretion of the County of Riverside. In the event that the common a~ea~ or any part thereof, is conveyed to the property owners' association, the association, thereafter shall own such 'common area', shall manage and continuously maintain such 'common area', and shall not sell or transfer such common area, or any part thereof, absent the prior written consent of the Planning Director of the County of Riverside or the County's successor-in-interest. The property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost of maintaining such 'common area', and shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. This Declaration shall not be terminated, 'substantially' amended or property deannexed therefrom absent the prior written consent of the Planning Director of the County of Riverside or the County's successor-in-interest. A proposed amendment shall be considered 'substantial' if it affects the extent, usage or maintenance'of the 'con~non area'. In the event of any conflict between this Declaration and the Articles of Incorporation, the Bylaws, or the property owners' association Rules and Regulations, if any, this Declaration shall control ' · Once approved, the declaration of covenants, conditions and restrictions shall be recorded at the same time that the final map is recorded. VESTI!tiTERTATIVETRAL'TID. 23267 And. Conditions of Appmval Page 5 19. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irri ation systems until such time as those operations are the responsigilities of other part es as i approved by the Planning Director. Prior to recordation of the final map, an Environmental Constraints Sheet {ECS} shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanentl filed with the office of the County Surveyor. A copy of the ECS shal~ be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and"the' Department of Building and Safety. The notice appearing in Section 6.a. of Ordinance No. 625, the Riverside.County Right-to-Farm Ordinance, shall be placed on the Environmental Constraints Sheet, with this tract identified therein, in the manner provided in said Section 6.a., as being located partly or wholly within, or within 300 feet of, land zoned for primarily agricultural purposes by the County of Riverside. The following note shall be placed on the Environmental Constraints Sheet: 'County Environmental Impact Report.No. 281 was prepared for this property and is on file at the Riverside County Planning Department.' The E.C.S. notes found in the letter from the County Geologist dated October 12, 1988, a copy of which is attached, shall be placed on the Environmental Constraints Sheet. Prior to the issuance of GP~DING PERMITS the following conditions shall be satisfied: Prior to the issuance of grading permits detailed common open space area landscap_~ng and irrigation~plans shall be sul~i.tted_[or ~lanning ~uepartment ~pr~v~l'~r't~e"~h~e "'~f"~eV~lO'~m~'~'t in proc~. The lans shall be certified by a landscape architect, and shall provide ~or the following. 1. Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Parkways and landscaped building setbacks shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, ground cover, shrubs and specimen trees in conjunction with -appropriate'as appF~ved by the Planning . T_ST~ TERTATIVE TRJ~'T R0, Z3Z67 Amd. tZ ~ondtttons of Approval Page 6 3. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. 4. W~ere street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-of-way, they shall be planted outside .of the road right-of-way. 5. Landscaping plans shall incorporate..native and drought tolerant plants where appropriate. 6. All existing specime~ trees and significant rock outcroppings on the sub'ect property shall be sho~n on the project's grading plans and shatl note those to be removed, relocated and/or retained. 7. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. b. Any oak trees removed with four {4) inch or larger trunk diameters shall be replaced on a ten {10} to one {1} basis as approved by the \.. Planning Director. Replacement trees shall be noted on approved ~.. landscaping plans. / c. Prior to the issuance of grading permits, a biological resource protection lan shall be prepared by a qualified biologist detailing methods o~ t~e significant biological resources and protecting implementation of biological mitigation measures as found in County Environmental Impact Report No. 281. Important resources include the Nevins Barberry found on site. This plan shall be submitted to the Planning Department for review and approval. d. During rading activities, a qualified biologist shall be retained by the devet that the oper to monitor the grading activities and to see approved biolo tcal resource protection plan is implemented. Proof of retainership sgall be submitted to the Department of Building and Safety prior to the issuance of building permits. The biologist shall have the right to halt or divert grading procedures, if necessary, in order to implement the biological resource protection plan. e. Prior to issuance of grading permits, an in depth survey of the existing Archaeological sites shall be undertaken by a qualified Archaeologist. This survey shall include data collection, test '~aorings and excavation as deemed necessary by the Archaeologist and as approved by the Planning Department. At the conclusion of the investigation, a report 'prepared by the Archaeologist shall be submitted to the Planning Department and the Archaeological Research Unit at the University of California of Riverside, for review and a VESTING TE)ITATIVE TRACT !10. 23267 And. #2 Conditions of Approval Page 7 determination of completeness. Following approval of the report, the Planning Department will issue clearance for the release of grading permits. f. If any archaeological resources are uncovered during grading activities or trenching, all activities shall cease and an archaeologist shall be consulted. Any recommendations of the archaeologist shall be adhered to. J g. The old adobe structure found within Open Space lot 603 shall be preserved. ' .... h. All existing native specimen t;ees on the subject property shall be preserved wherever feasible. Where they cannot be preserved they shall be reiDcared or replaced with specimen trees as approved by the Planning Director. Replacerent trees shall be noted on approved landscaping plans. Grading plans shall conform to Board adopted Hillside Development Standards: All cut and/or fill slopes, or individual combinations thereof, which exceed ten feet in vertical height shall be modified by an appropriate conbination of a special terracing {benching} plan, increased slope ratio {i.e., 3:1}, retaining walls, and/or slope planting combined with irrigation. All driveways shall not exceed a fifteen percent grade. All cut slopes located adjacent to ungraded exceeding ten (10) feet in vertical height shall incorporating the following grading techniques: natural terrain and be contour-graded 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. 3) The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. 4) Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building. and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. VESTING TEXTATIVE TRACT ~0. 23267 Amd. 12 Conditions of Approval Page 8 20. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and connent on the proposed grading writh respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be, arranged. When necessary, the paleontologist or representative shall have the authority to tenl~orarily divert, redirect or halt;grading activity to allow recoverl~ of fossils ...... Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the County of Riverside for any residential lot/unit within the project boundary until the ~rith public facility financing measures. A cash sum of o ~ollars {_$.iO_D]_per lot/unit shall be deposited with the Riverside County Department of Building and Safety as mitigation for public l~_i.bra_ry development. / Prior to the submittal of building plans to the Department of Buildin and Safety an acoustical study shall be performed by an acoustica? engineer to establish appropriate mitigation measures that shall be ap lied to individual dwelling units within the subdivision to reduce ambient noise s interior level to 45 Ldn and exterior noise levels to 65 Ldn. CO All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655 and the Riverside County Cmq~rehensive General Plan. Prior to issuance of building permits, detailed park site and riparian area develop~_ent lens shall be submitted to the Planning Department for approval. ll~ese plans shall conform with guidelines found in the approved design manual {Exhibit M}. The parks shall include active recreational features such as picnic tables, barbecue areas, tot lots, etc. Rec~mnendations found in the letter from George Balteria of the County Parks Department, a copy of which is attached, shall be included in the design of the parks and Open Space Areas. e. Development of this project shall conform to the recommendations found in County Geologic Report No. 488. VESTING TENTATIVE TRACT RO. 23267 Amd. t2 Conditions of Approval Page 9 he For the security and safety of future residents, the following crime prevention measures shall be considered during site and building layout design. a, Proper lighting in open areas; b. Visibility of doors and windows from the buildings; c. Fencing heights and materials; street and between d. Adequate off-street parking; and e. A clearly understood method of street numbering to facilitate emergency response. Prior to the issuance of building permitS, 'composite landscaping and irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects of the tract re~ui~ing landscaping and irrigation to be installed including, but not li:.':'.~ to, parkway planting, street trees, slope planting, and indivi~;al front yard landscaping, and shall conform to the standards set forth in the tract's approved Design Manual (Exhibi't Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. All front yards shall be provided with landscaping and automati~ irrigation. A plot plan shall be submitted to the Planning Department ~ursuant to Section 18.30 of Ordinance No. 348 accompanied by al applicable filing fees, as a plot plan that is not subject to the California Environmental Quality Act is not transmitted to any governmental agency other than the Riverside County Planning Department. The plot plan shall ensure the conformance of the final site development with the tract's approved Design Manual (Exhibit M}, and shall contain the following elements: A final site plan showing the lots, building footprints, all setbacks, fences and/or walls, and ~oor plan and elevation assignments to individual lots. One (1) color and materials sample board {maximum size of 8 X 13 inches by 3/8 inch thick} containing precise color, texture and material swatches or photographs (which may be from suppliers' brochures). Indicate on the board the name, address and phone YESTING TERTATZVE TRACT I10. Z3267 And. Conditions of Approval Page 10 21. numbers of both the sample board preparer and the project a plicant, tract number, and the manufacturer and product numbers ~ere possible (trade names also acceptable}. One (1} cop of the architectural elevations colored to represent the selectePdYcolor combinations, with symbols keyed to the color and materials board. The written color and material descriptions shall be located on the elevation. Six {6} copies of each of glossy.photographic color prints {size B X I0 inches} of both color and materials board and colored architectural elevations for permanent filing, hearing body review and agency distribution. All writing must be legible. Said plot plan shall require the approval of the Planning Director prior to the issuance of any building permits for lots included within the plot plan. The submittal of plot plans prior to the issuance of d buil ing permits may be phased provided: 1. A separate plot plan shall be submitted to the Planning Department for each phase, which shall be accompanied by appropriate filing fees. 2. Each individual plot plan shall be approved by the Planning Director prior to the issuance of building permits for lots included within that plot plan. A fencing plan shall be submitted for Planning Department approval. This plan shall be in substantial conformance with the Design Manual {Exhibit M} and take into account any recommendations of the required noise study. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: All landscaping and irrigation shall' be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. b. Prior to occupancy, walls and fences shall be installed in accordance with approved plans. Notwithstanding the preceding conditions, wherever an acoustical study is required for ~oise attenuation purposes, the heights of all required walls shall be determined by the acoustical study where applicable. YESTIIIG TENTATZVE TRACT RO. Z3267 And. f2 Conditions of Approval Page 11 GN:sc;bc 10/12/88 Prior to occupancy, the neighborhood ark site associated with that phase of development shall be deveroped in accordance with approved plans. Prior to occupancy, the well site open space lots associated with that 1 xh approved Landscaping Plans:. .I t' o>m--. L. Roy D. lOAD COIIkUSSIONER · COUNTY SURVEYOR OFFICE OF ROAD COMMISSIONER 6 COU UB '~'Y~j~. ]988 ~ October 7, 1988 RIVEHs~ut- GOUNT'Y PLANNING DEPARTMEN"[ COUNTY AOMIN!ST~-ATIV[ CENTEli Riverside County Planning Corrrnisston 4080 Lemon Street Riverside, CA 92501 Ladies and Gentlemen: Re: Tract Map 23267 - Amend ~2 Schedule A - Team I With respect to the conditions of approval for the referenced tentative land division map, the Road Department recommends that the landdivider provide the following street improvement plans and/or road dedications in accordance with Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 461). It is understood that the tentative map correctly shows acceptable centerline profiles, all existing easements, traveled ways, and'drainage courses with appropriate Q'so and that their omission or unacceptability may require the map to be resuEmitted for further consideration. These Ordinances and the following conditions are essential parts and a requirement occurring in ONE is as binding as though occurring in all. They are intended to be complementary and to describe the conditions for a complete design of the improvement. All questions regarding the true meaning of the conditions shall be referred to the Roan Commissioner's Office. The landdivider shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e., concentra- tion of di'version of flow. Protection shall be provided by constructi~ adequate drainage facilities including enlarging existing faciliti'es or by securing a drainage easement or by both. All drainage easements shall be shown on the final map and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by land fills are allowed". The protection shall be as approved by the Road Department. The landdivider shall accept and properly dispose of all offsite drainage flowing onto or through the site. In the event the Road Commissioner permits the use of streets for drainage purposes, the provisions of Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage facilities as approved by the Road Department. October 7, 1988 Page. 2 3. Major drainage is involved on this landdivision and its resolution shall be as approved by the Road Department. 4. 'A' Street shall be improved within the dedicated right of way in accordance with County Standard No. 101, {76'/100). 5. 'B' Street (James Avenue) shall be improved within the dedicated right of way in accordance with Modified County Standard No. 102 (64'/82'), ~.' 6. 'S'~re*~eet and 'C' h of' Creek Lane} shall be improved within the dedicated right of way in .accordance with County Standard No. 103, Section A. (44'/66'). 7. The remaining interior streets shall be improved within the '/60'). e The landdivider shall comply with the Caltrans recommend~~s outlined in their l~tter dated Merch 30, 1988 (a. copy of which attached), prior to the recordation of the final map. 9. The landdivider shall provide utility clearahce from Rancho Calif- ornia Water District prior to the recordation of the final map. <A copy Of the final nep shall be submitted to Caltrans, District 08, Post Office Box 231, San Bernardino, California 92403; Attention: Project Development for review and approval prior to recordation. 11. The maximum centerline gradient shall not exceed 15%. 12. The minimum centerline radii shall be 300' or as approved by the Road Department. 13. State Highway 79 shall be improved with concrete curb and gutter 'located 55 feet from centerline and match up asphalt concrete Trr.~.i~' l(ap 23267- Amend #2 bctober 7, 1988 PaS~ -31 paving; reconstruction; or resurfacing of existing paving as determined by Caltrans within .a 71foot-half_width dedicated right of way in accDrdance with State Standard No. A2-8~ 14. 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 ~constr. ucted between driveways. 15. When blockwalls are required to be constructed on top of slope, a debris retention wall shall be constructed at the-street right of way line to prevent silting of'.sidewalks as approved by the Road / Commissioner. 16. The minimum garage setback shall be 30 feet mea'sured from the face of curb. t 17. 'T" S re 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. 103, Section A. (22'/33'}. 19. Concrete sidewalks shall be constructed throughout the landdivision in accordance with County Standard No. 400' and 401 (curb sidewalk}. An access road (located north of Temecula Creek along the extension of 'B" Street, James Avenue to the east) to the nearest paved road maintained by the County shall be constructed within the public right of way in accordance with County Standard No. 106, Section B, {32~/60') at a grade and alignment as approved by the Road Conmnissioner. This is necessary for circulation purposes. Primary and secondary access roads (at the locations of Loma tinda Street and the extension of Park Avenue, 'S" Street) to the nearest paved road maintained by the County shall be constructed within the public right of way in accordance with County Standard No. 106, Section B~__~32'/60') at a grade and align'i~nt')'s-a~p~oi'e~Fb~'~h~ Roa~C~sstoner, ~nis is also necessary for circulation purposes. · T~'~c:~ l~ap 23267 - Amend 'Oc+~ober 7, 1988 · Page) 4 21. 22. Prior to the recordation of the final map, the developer shall deposit with the I~iverside County Road Department, a cash sum of the developer choose to defer the ~ime of t enter into a written agreement with the County deferring said payment to the time of issuance of a building permit. 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. £ompletion of road improvements does not imply acceptance for maintenance by County. . ..... Electrical and communications t~enches shall be provided in accordance with Ordinance 461, Standard 817. 24. Asphalttc 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 Sections 37, 39 and 94 of.the State Standard Specifications. 25. Standard cul-de-sacs and knuckles and off-set. cUl-de-sa___~cs shall be constructed throughout the landdivision. /' 26. Corner cutbacks in conformance with County Standard No. 805 shall be shown on the final map and offered for dedication. 27. 30. Lot access shall be restricted on State Highway 79, "A" Street and 'B" Street (james Avenue) and so noted on the final map. Landdivisions creating cut or fill slopes adjacent to the streets shall provide erosion control, sight distance control and slope lasements as approved by the Road Department. All centerline intersections shall be at gO° with a minimum 50° ta~ng~nt measured from_f3owjine. The street design and improvement concept of this project shall be coordinated with Rancho Villages Assessment District ~15g and TR 23063. :- i TraC{.lbp 23267; Amend #2 bctober 7, 1988 Page 5 31.' Street lighting shall be required in accordance with Ordinance 460 and 461 throughout the subdivision. 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 an application with LAFCO for annexation into or creation of a 'Lighting Assessment District' in accordance with Governmental ~de Section 56000. 32. A striping plan is required for State Hwy. 79, 'A" Street, and "B" Street {james Avenue). The removal of the existing striping shall be the responsibility of the applicant. Traffic;.signing and striping shall be done by County fo.r.ces with all incurred costs borne by the appl i cant. ~ / GH:lh Very truly yours, Road Division Engineer TC FROM: County of Riverside RIVERSIDE COUNTY PLANNING DEPT. September 12, 1988 DATE: TRACT MAP 23267, Amended No. 2 Environmental Health Services has reviewed Tract Map 23267, ' Amended No. 2 dated September 6, 1988. Our current £omments will rpm~in as stated in our letter dated April 12, 1988. SM:tac ,. C~N. FOIL~ 4. {by. DEPARTMENT of HEALTH v ,L 3576 IIT'N ITREET MA4.L (POST OFFIC'[ IOX 1370) · RIVeRSiDE, CA. C,A April 12. 1968 IM ~ CA.. e2&O/ ,APR 18 1988 RIVERSIDE COUNTY PLANNING DEPT. 4080 Lemon Street Riverside. CA 92502 Attn: Greg Neal ;'RIVERSIDE COUNTY PLANNING DEPARTMENT RE; Tract Map 23267; That portion of Parcel 1. 2. 3 and 4 of Parcel Map 18993 recorded in Book 134, Pages 13 through 18 of Parcel Maps in Riverside County, California. (591 Lots) Gentlemen: The Department of Public Health has No. 23267 and recommends that: reviewed Tentative Map A water system shall be Installed according to plans and specification as approved by the water company and the Health Department. Permanent prindts of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one inch equals 200 feet. along with the original drawing to the County Surveyor. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint speclficatfons. and the size of the main at the junction of the new system [o the existing system. The plans shall comply in all respects with Div. S, Part 1, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 22. Chapter 16. and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. Riverside County Planning Dept. Page Two Attn: Grog Neal April 12, 1988 The plans shall be signed by a registered engineer and water company with the following certification: "! certify that the deslgn of the water system in Tract Map 23267 ls in accordance with the water system expansion plans of the Rancho California Water Dlstr~ct and that the water service,storage and dlstr. lbution system will be adequate to provide water service to such tract. This certification does not constitute a guarantee that it will supply.water to such tract at any specific quantities, flows or pressures for fire protection or any other purpose" This certification shall be s~gned by a responsible official or the water company. The.~!~ns must be submltted to the County Survey~/'s Office to review at least two weeks ~r]or to the reouest for the recordatlon of the final maD. Th~s Department has a statement from_~he__Rancho Cal=forn~a Water D~strlct agreeing to serve domestic water to each and every lot in the subdivlsion'%~'~and providing satisfactory financial arrangements are completed with the subdivider. ]t will be necessary for the financial' arrangements to be made prior to the reco~ation of the final map. This Department has a statement from the Eastern Municipal ~ater Dlstrict 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 Mealth Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the County Surveyor. The prints shall show the lnternal pipe diameter, 1ocat~on of manholes, complete profiles, pipe and joint specificaticn5 and the 'size of the sewers at the ~unction of the new system ~O the existing system. A single plat indicating locatlon of sewer lines and water lines shall be a portion of the sewage plans and profiles. The plans shall be s~gned by a registered engineer and the sewer district with the following certification: "I certify that the design of the sewer system in Tract Map 23267 is in accordance with the ~ewer system expansion plane 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 tract.' The Elans must be submitted to the Coun~X Riverside County Planning Dept. Page Three ATTN: 6reg Neal' April 12, 1988 Surveyor's Office to review at least two weeks ~rior to the Z_erJuest for the recordation of the fxnal m%~. It will be necessary for financial arrangements to be made prior to the recordatiOn of the final map. - It viII be necessary for the annexation proceed'~ngs to be completely finalized prior to recordation of the final map. San= tarjan Environmental Health Services SM: tac IC~/h/ETH !,. EDWARDS ! 1981 MARKrT lTRerL-r t RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT October 18, 1988 Riverside County Planning Department County Administrative Center Riverside, California Attention: Regional Team No. 1 Greg Neal Ladies and Gentlemen: This is a proposal to divide approximately 194 acres for single family housing in the Temecula area. The site is located along both sides of Temecula Creek about 1200 feet west of Margarita Road. This project is located on the floor of Temecula Valley and is .,,subject to both riverine flows from Temecu!a Creek and sheeting offsite storm flows from two other sources. The main course of Temecula Creek flows through the center of t~e tract. Storm water from a 800 acre watershed to the north traverses the north- ern half of this project. Due to poorly defined drainage pat- terns, it is probable that large amounts of storm water emanating from tributaries north of Temecula Creek and from far to the east may sheet west, generally parallel to Temecula Creek, and across the site. Unless these storm flows are dealt with by upstream development in the watershed, the developer will have to con- struct drainage facilities to protect this project. Onsite Storm runoff is proposed to be conveyed via both streets and storm drains to Temecula Creek Channel. Several acres of onsite area at the southeastern tract boundary is proposed to be diverted to the neighboring development. The applicant (Thotem America 'Corp.) has submitted documentation that the developer to east (Great American Development Co.) plans to accept this run- off. A document showing evidence of this agreement should be submitted to the District for review prior to recordation of the final map. The improvements to Temecula Creek are proposed as a part of Assessment District 159. The District's interest in the con- figuration of the main channel is limited to its adequacy as a flood protection facility. It should be noted that the present design does not allow for habitat mitigation within the channel, nor does it specifically provide for ~gint use of the facility ( e.g. , equestrian. _or _bicycle -trai!.~l. A c~e f~ ~h~l"~n--- d !-~ . figuration or right of way width may require redesign of this proposal. Riverside County Planning Department Re-- Vesting Tract 23267 Amended No. 2 -2- October 18, 1988 The developer's Exhibit "B" proposes to collect storm flows from the 800 acre canyon at De Portola Road and convey them to Temecula Creek in a trapezoidal channel. Two collection dikes are proposed on the east side of Margarita Road to capture storm flows traveling parallel to Temecula Creek. These flows would combine with the northern stream just north of Highway 79. Following are the District's recommendations: ~' 1. Temecula Creek Channel should be constructed throught this tract as shown on the'tentative map. Both Temecula Creek Channel and the drainage facilities proposed to convey storm flows from the north and east should be built to District standards. Some of these facilities are proposed to be constructed by Assessment District 159. If these have not been installed by the time grading permits are requested, it will be necessary for this tract to construct drainage structures necessary to protect it from tributary 100-year storm flows. Evidence of a viable maintenance mechanism should be sub- mitted to the District and County for review and approval prior to recordation of the final map. A portion of the proposed project is in a flood plain and may affect "waters of the United States", "wetlands" or "jurisdictional streambeds", therefore, in accordance with the requirements of the National Flood Insurance Program and Related Regulations (44 CFR, Parts 59 through 73) and County Ordinance No. 458: A flood study consisting of HEC-2 calculations, cross sections, maps and other data should be prepared to the satisfaction of the Federal Emergency Management Agency (FEMA) and the District for the purpose of revising the effective Flood Insurance Rate Map of the project site. The submittal of the study should be concurrent with the initial submittal of the related project improvement plans and final District approval will not be given until a Conditional Letter of Map Revision (CLOMR) has been received from FEMA. A copy of appropriate correspondence and necessary permits from those government agencies from which approval is required by Federal or State law (such as Corps of Engineers 404 permit or Department of Fish and Game 1603 agreement) should be provided to the District prior to the final District approval of the project. Riverside County Planning Department Re: Vesting Tract 23267 Amended No. 2 -3- October 18, 1988 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". Offsite drainage facilities should be located within publicly dedicated drainage easements'obtained from the affected property owners. The documents should be recorded and a copy submitted to the DistriCt prior to recordation of the final map. ~' The 10 year s~Drm flow should be contained within the curb and the 100 Ve~r__~Qrm._flow should be contained within the street right of way. When either of these criteria is e~Ce'e~ed, A~T~FiBnal drainage facilities should be installed. 7. Drainage facilities outletting sump conditions should be designed to convey the tributary 100 year storm flows. Additional emergenc~...es~ape..should also be provided. 8. 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, outlet points and outlet conditions, otherwise, a drainage easement should be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement should be submitted to the District for review ~ prior to the recordation of the final map. 9. 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 the construction of temporary drainage facilities or offsite construction and grading. A copy of the improvement plans, grading plans and final map along with supporting hydrologic and hydraulic calculations should be submitted to the District via the Road Department for review and approval prior to recordation of the final map. Grading plans should be approved prior to issuance of grading permits. Riverside County Planning Department Re: Vesting Tract 23267 Amended No. 2 -4- October 18, 1988 Questions concerning this matter may be referred to Bob Cullen of this office at 714/787-2333. Very truly yours, NNETH L. EDWARDS ON , H .H. KASHUBA · Civil Engineer cc:' RANPAC BC:bab OCT 13 1988 RIV~blu~ CUU~TY ~LANNING DEPARTMENT October 13, 1988 Mr, Richard MacMort, Supervising Planner Riverside County Planning Department 4060 Lemon Street, 9th Floor Riverside, CA 92501 ..... SUBJECT: Vesting Tentative Tract Map Number 23267 'Dear Mr. MacHott: The following summarizes our findings regarding the fiscal impact analysis for the project identified above. The appendix attached summarizes the basic assumptions used in the analysis. Please note that these results reflect the current levels of .service provided by the County based on Fiscal Year 1986 - 1987 actual costs (per capita factors) and Departmental and Auditor-Controller review of operations end facility costs for services reviewed using case study analysis. Staff to the Growth Fiscal Impact Task Force and Departments are currently reviewing service levels provided. end the need to increase the levels of service. Current findings are that existing levels of service are not adequate in most cases. Should the desired level of service be utilized in the fiscal analysis performed, it would significantly increase the costs associated with this development- C[::X~Y FUND (Operations and Maintenance) County General Fire Free Library SUBTOTAL COUNTY Road Fund GRAND TOTAL FISCAL IMPACT AFTER BUILDOUT ($69,511) ($10,360) ($329) ($80,200) $6,230 ($73,790) CUMULATIVE FISCAL IMPACT AT BUILDOUT ($15,426} ($20,720) ($656) ($36,804) $12,46o ($24,344) Robert T. Andersen Admlntstrattve Center 40~ LEMON S111EET · 12TH FLOOR, RIVERSIDE. CAL~O.RN!~. 92581 · [714) 787-2544 l.dk,. CA 92201 (619) 342-8~86 RlYuc,.ut; COUNTY riPE DEPARTMENT IN COOPET'~l'1ON wrfl-I THE CAL~ORNIA DEPARTMENT OF FORESTRY AND FIRE PT~TECTION RAY HEBRARD fiRE a-fIEf 9-9-88 Rannlt~ & Er~inetring ~ 4080 Lemon Stn~, Suite I I L Rivehide, CA 92501 (7 ~ 4) 787-~606 TO: PLANNING DEPARTMENT , ATTN: CILE~ NEAL -"' RE: TRACT 23267 - AMENDED #2 Wfrh respect to the conditions of approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: FIRE PROTECTION Schedule hA" fire protection approved standard fire hydrants, (6"x4"x2½") located one at each street intersection and spaced no more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be lO00 GPH for 2 hours duration at 20 PSI. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be slgned/approved by a registered civil engineer and the local water company with ,the .following certification: "'l certify that the design of the water system is In accordance with the requirements prescribed by the Riverside County Fire Department." The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Prior to the recordation of the final map, the applicant/developer shall provide alternate or secondary access as approved by the County Road Department. MITIGATION Prior to the recordation of the final map, the developer shall deposit with the Riverside County Fire Department, a cash sum of $400.00 per lot/unit as mitigation for fire protection impacts. Should the developer choose to defer the time of payment, he/she may enter into a written agreement with the County deferring said payment to the time of issuance of a building permit. Subject: ~rac~ 23267 Page 2 All questions regarding the meaning of conditions shall be referred to the Planning and Engineering staff. RtYHOND H. REGIS Chief Fire Department Planner By George S. Tatum, Planning OEficer ;. VF,=I iDF.. COURC,u PLAfirlifiG DEPA::IEITIErlC October 12, 1988 Highland Soils Engineering 1832 S. Comercenter Circle, Suite A San Beraardino, CA 92408 Attention: Mr. Robert C. Manning Mr. Warren L. Sherling Mr. William T. Altmeyer SUBJECT: Alqutst-Priolo/Liquefaction Hazard Job No.: 07-6556-010-00-00 Vesting Tract 23267 County Geologic Report No.488 APN:926-016-O02,003,010,011.012,013 Rancho California Area Gentlemen: We have reviewed your report entitled "Fault Hazard and Preliminary Geotechntcal Investigation, 242~ Acres, Southwest of the Intersection of ~rgarita Road and State Highway 79, Rancho California, Riverside County, CA," dated February 3, 1988, and your response to County seismic/geologic reviews, dated~oril 19. 1988, and July 27, 1988. , Your report determined that: Exploratory fault trenches 1,3 and 4 exposed fault offsets associated with the active Wildomar fault. The location of this fault is shown on Plate 1A, Geotechnical Map of your report. ?_. llba seismic data for the Elsinore (Wildomar fault) Fault Zone located 'on site is as follows: Maximum Probable Earthquake -7.0 '(Richter Magnitude) Peak Ground Acceleration - 0.63g Duration of Strong Notion - 30 seconds 3. The settlement potential under seismic loading for the on-site and bedrock materials is mderate to very low. respectively. 4. l~e potential for liquefaction is considered high in the larger drainage courses within Pauba and Wolf Valleys on the site. Liquefaction may occur in the form of differential settlement, sand boils. and lateral spreading. 4'1380 LEMON STREET. 9TM FLOOR RIVERSIDE. CALIFORNIA 92501 (Tqzi) 787-6181 46-209 OASIS STREET. ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 Highland Soils Engineering -2- October 12, 1988 5. A minor landslide area may be located at the central portion of the site, shown On Plate 1A, Geotechnical ~p. The alluvial soils generally are considered to have a low expansion · potential. The siltstones within the Pauba formation on site can be moderately to highly expansive. 7. The fine grained alluvial soils in the major drainage courses'are generally compressible in the upper five feet. 8. The current area designated as the 1O0-year floodplaih for Temecula Creek exceeds the seismic-induced flood tnundation. area.'that would result during instantaneous failure of Skinner or Vail Reservoirs. Only the lowest area of Pauba Valley'would be affected. g. Ground fissure development is considered a significant hazard within the southwest portion of the site, due to the presence of active faulting in this area. Your report recoamended that: A 50 foot setback zone from both sides of the Wildomar Fault Zone is required for human occupancy structures. This setback is designated on Plate 1A, Geotechincal Map. The following will mitigate the liquefaction potential on this site: a. A co~acted fill mat along with a gravel blanket and additional footing reinforcement should be used for structures. -b. Structural setbacks from tops of fill slopes toeing into liquefaction prone areas should be used. c. Lateral spreading hazards along Pauba Creek are mitigated by the placement of Loma Linda Drive and the 100 foot wide Building Setback area. This affects Lots 490-503 d. Grading along Temecula Creek will involv~ the placement of upwards of 15 feet ofcompacted fill over the 8-10 feet of recommended alluvial removals, in order to nearly eliminate the potential for liquefaction induced loss of bearing or sand boils. e, In order to reduce a slight possibility of lateral spreading along lemecuta Creek for Lots 160, 161, 174-176, 185, 186, 189,-221,223 and Z24;etther the building setback should be increased to twice the slope height or post-tensioned slabs and additional foundation reinforcement for lots 205-221, f The (leotechnical engineer should review the project grading plans to develop any further design information. Alluvial soils should be overexcavated in the larger existing drainage and canyon areas to a minimum depth of 5 feet. Where feasible total removal of loose alluvial soils to bedrock is reconmended. As an alternative, settlement monuments and monitoring my be used in the area with thick alluvium. Htghland Soils Enlngeering October 12, 1988 4. Additional investigation of the possible landslide located at the central portion of the site is recommended prior to site grading. The 50 foot humn occupancy setback to the northeast and the property bounds to the southwest of the located active fault will mitigate the portenttel hazard of ground fissure development on the site. It is our opinion that the report was prepared in a competent manner consistent with the present 'state-of-the-art' and satisfies the requirements of the Alquist-Priolo Special Studies Zones Act, the associated Riverside County Ordinance No. 547, and additional information required under the California Environmental Quality Act review. Final approval of this report is hereby given. ~. We recommend that the following conditions be'satisfied before recordation of the final parcel map or County permits associated with-this project: The 'Fault Hazard Zone' shown on Plate 1A, {Geotechnical Hap) in your report shall be delineated on the Environmental Constraints Sheet (E.C.S.), and the area in between the setback lines shall be labeled 'Fault Hazard Area.' 2. A note shall be placed on the E.C.S. stating: 'This property is affected by earthquake faulting. Structures for human occupancy shall not be allowed in the Fault Hazard Area. This constraint affects parcels 490 through 504, 602 and 603." 3. Notes shall be placed on the final land division map stating: (a} 'County Geologic Report No. 488 was prepared for this property on February 3, 1988, and is on file at the Riverside County Planning Department. Specific items of concern in this report are as follows: active earthquake faulting, liquefaction, ground fissures, landsliding, seismic induced flooding, and uncompacted trench backfill.' (b) 'This property is affected by earthquake faulting. Structures for human occupancy shall not be allowed in the Fault Hazard Area. The constraint affects parcels 490 through 504, 602 and 603, as shown on the accompanying Environmental Constraints Sheet, the original of which is on file at the office of the Riverside County Surveyor. A copy of the final map and Environ_m~_.~tai_C..O.~s_t.r. ai_n_ts_Sheet shall be submitted to the Planning Department Engineering Geologist for review and approval, Htghland Soils Entngeertng -4- October 12, 1988 The exploratory trenches were backfilled, but not compacted, and shall be compacted under the direction of the project geotechnical engineer if any structures are contemplated for construction over any portions of these trenches. Very truly yours, SAK:al c.c. Ranpat - Dave Dillon CO!4G - Earl Hart RIVERSIDE COUNTY PLANNING DEPARll~ENT Roger S. S~reeter - P,l~:tng Di 'ector Building & Safety - Norm Lostbom {2} Greg Neal - Team I The following special circumstances apply to this project: 1. The developer assumptions included a factor of 2.1 persons per dwelling unit. CAO staff utilized a factor of 2.69 persons pe~ household, which is closer to the countywide average for this type of unit. 2. CAO staff has reviewed library costs with Library personnel and incorporated actual operations and maintenance costs into the analysis. Using Library staff estimates of the costs of providing the current level of service, considering the increase in population, this project should result in one-tim capital factlity costs of . $76,263 (library space, volumes) and ongoing annual operations and maintenance costs of $14,594. Library staff has indicated that the current level of service is not adequate. 3. Flood Control staff has indicated that flood control facilities constructed within Zone 7 are unlikely to be sufficiently funded for maintenance costs. Current estimates indicate that funding shortages should occur for the next ten years. Suggested mitigation measures include a cash deposit by the project developer or use of an assessment mechanism. The amount of deposit would be determined by a present value analysis and project timing. The cost of maintaining flood control facilities not be known until final design phases, when facility have been fully identified. Flood Contrdl staff therefore, condition project approvals to identify a of financing facility maintenance and operation necessary) prior to recordation of subdivisions. will needs. will, means .(if Based on the analysis and assuming that the average sales price of the units will be $142,555, overall Vesting Tentative Tract 23267will have a negative fiscal impact at buildout ef $24,344. Afte~ buildout, this project will have an annual :negative fiscal impact to the County of $73,970 at current levels of service. Znitial Review By: Review Approved By: - q INTER-DEPARTMENTAL LETTER COUNTY OF RIVERSIDE October 7, 1988 /'.,,.-,-~ ~(~'. ~'~ ./- 11): Greg Neal/..!~annin Department e e FH: George Balt rla, Chief Park Plann r , SUBJECT: TT 23267,23299 Old Vail Ranch, EIR 281 l~e County 'Parks Department has reviewed the above referenced document and offers the following recomendations.' Parks and Recreation Our department supports the extension of a regional open space/natural green belt along the Temecula Creek. This is consistent with other specific plans and development along this creek. Our department will require an offer of dedication of this area be made to the Parks Department on the final tract maps. (Regional Park 'A'.) Regional Park 'B' is actually a local park and is located in a strategic position to serve as a conwnunity park. It does not qualify as a regional park area due to its limited size; however, the historic adobe contained within this area can be successfully preserved with a conxnunity park setting and interpreted. Overall, the parks contained within this development show a lack of large sports fields capable of accommodating organized sports activities and this may need to be examined, Cormunity and neighborhood parks should be developed to the satisfaction of the ]ocal county service area (CSA). Recreation Trails Regional Park 'A' along the Temecula Creek correctly identified the need for a primary equestrian trail as shown. The trail location and development should be to county standards. As indicated, on the attached exhibit No. 1., a Class I bicycle lane needs to be provided for along the Temecula Creek. This should be developed to county standards and have connecting access to local street Class II bicycle lanes. Mr. Greg Neal, Planning Department Page 2 On the attached exhibit No. l, provision for access to the Temecula Creek by a secondary riding and hiking trail must be incorporated into the project. This will utilize t~e proposed reinforced concrete box culvert under State Highway 79 and provide access to the trails in the creek for residents to the north of this project. This access/secondary trail should be developed to a mini,m,m width 12 feet and to county standards. Coordination of the proposed undercrossing improvement is requested by our deparb~ent, i.e., rip rap, placement and access, and minimum overhead clearance. (See attached detail.) I Cultural/Historic Resources 'lhe proposed site of the Old Vail Ranch project is in an extremely sensitive area for cultural resources. In the thorough cultural resources assessment he prepared, archaeologist Christopher Drover discusses the historic two-story adobe Vail Ranch House and a large Lutseno Indian archaeological site. The Parks Department's History Division commends Ranpac Engineering Corporation for its sensitive consideration of these cultural resources in the EIR. We concur with the proposed mitigation measures of recovering artifacts from the archaeological sites and making these available to the public in an interpretire center, and preserving the Vail Ranch House through rehabilitation and adaptive reuse. A library, community center, small museum or restaurant would all be appropriate uses for the house, as would be continued residential use if properly maintained. In addition to the mitigation measures mentioned in the EIR, the Parks Department requests full-time monitoring by a qualified archaeologist during the grading process. This is essential due to the extreme likelihood of unknown archaeological resources existing on the site. If any historic resources surface, Diana Seider, History Division Director, should be notified at (714)787-2551. Should you have questions regarding parks, recreation, or Grail matters, please contact me or Marc Brewer of this department. GB/IOIBG Paul Romero, Director, Parks Department Sam Ford, Deputy Director, Parks Department Diana Seider, History Division Director, Parks Department Narc ;Brewer, Assistant Planner, Parks Department m ... ~.=~. ] .,, ] ~t, a:l em ,/ 12' MIN. m 8' MIN. S,~ND BED . RIVERaIDE COUNTY .. TYPICAL OVEPJ..IEAD CLEARANCE R, C, B, DRA Z NAGE__~"TRUCTURF H,. . R.~ BREIiER 10/11/88 i'''~i ' ' -'. . =.~._ . .... · PARKI DEPARTMENT l"of 1 N.T.S. DATE: Yebruary 29, 1~88 TO: Assessor Bu~.ldtng and ~afety Surveyor - Dave Duds Road Department ~ealth -Ralph Luchs ~lre Protec~ion Ylood Control District Yish & Game LAFCO, S Paisley U.S. Postal Service - Ruth X. Davidson =:IiVE::I iDE COUnC,u , PLAnninG DEPA=IC!ilEnC County Aviation Comissioner Bresson RiVE.qSID.r.: C:':: tN"Y pLANNIr,)G D6P,:-.R'7 ;:,'.SNT Rancho Calif. Water Eastern Municipal Water Southern Calif. Edison Southern Calif. Gas General Telepjone Dept. of Transportation #8 Temecula Elem~ Elsinore Union High School Temecula Chamber of Conxnerce )it. Palomar Sierra Club Val leyWide Parks VESTING TRACT 23267 - (tm-1) - E.A. 32544 - Thotem American Corp. - Rancho Pacific - Rancho California Area - First Supervlsorial District - South of Righvay 79 and West of Margarita Road - R-R Zone - Schedule A - 193.7 acres into 596 lots - Concurrent Cases CZ 5150, VTR 23299 - Mod 120 - A.P. 926-160-010 to 013; 926-016-002-003 / County Parks Please revie~ the case described above, along vlth the attached case map. A Land Division Committee meeting has been tentatively scheduled for April 28, 1988. If it clears, it will then go to public hearing. Your comments and recommendations are requested prior to April 14, 1988 in order that ve may include them in the staff report for this particular case. Should you have say questions regarding this item, please do not hesitate to contact G£eg Neal at 787-1363 Planner COEHEN~S: Vesting Tract 23267 should be required to annex to an appropriate a~ency which provides park and recreation services. Annexation will mitigate impacZs of increased population to be served and fees (park development), shall be used to acquire and develop a park site. PLEA3E print na~ a am aI Manager, Valley-Wide Recreation and par Distric 4080 LEMON STREET, 9TM FLOOR DnfcDqmr~c r-a t tl~t"'~l~l'dla qgRt11 46-209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 __~,~MATHEWS ' LAKE PE(~RRIS SAN JACINTO PERRIS HEMET """'"~'~'-""°~,.;;:o,..~ ),,,,,.,,~.,=~',-,.,%..~ (~¢::~ SUN CITY 9 LAKE ELSINORE / SLK/~~ RANCHO )RNIA TEMECULA t_,__ RAINBOW PROJECT SITE LE f VICINITY MAP CAROLINA ,,t rn) rr) U [L~ ITEM NO. 7 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER ~ CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department September 25, 1990 Acceptance of Public Improvements in Tract No. 20987 PREPARED BY: R ECOMMEN DAT I ON: DISCUSSION: Robert Righetti That the City Council ACCEPT the Public Improvements in Tract No. 20987, AUTHORIZE the reduction of street, sewer, and water bonds and release of monument bond, and DIRECT the City Clerk to so advise the clerk of the Board of Supervisors. On September 1, 1987, the Riverside County Board of Supervisors entered into subdivision agreements with: Windsor Projects, Inc. 29377 Rancho California Road, Ste. 200 Temecula, CA 92390 for the improvement of streets, the installation of sewer and water systems, and survey monumentation. Accompanying the subdivision agreements were surety bonds issued by: Insurance Company of the West as follows: Bond No. 029138 in the amount of $555,000.00 to cover street improvements. Bond No. 029138 in the amount of $132,500.00 to cover sewer improvements. STAFFRPT\TR20987 Bond No. 029138 in the amount of $101,500.00 to cover water improvements. Bond No. 029139 in' the amount of $15,000.00 to cover survey monumentation. Bond No. 029138 in the amount of $394,500.00 to cover materials and labor. The following items have been completed by the developer or his engineer in accordance with the approved plans: 1. Required street, sewer, and water improvements. 2. Survey Monumentation. The inspection and verification process relating to the above items has been completed by the County of Riverside Road Department and City Staff agrees with the recommendation to reduce/release the subdivision improvement bonds. Therefore, it is appropriate to reduce/release these bonds as follows: Streets: Sewer: Water: Monumentation: $499,500.00 $119,250.00 $ 91,350.00 $ 15,000.00 The remaining 10% of the original faithful performance bond amounts are to be retained for one (1) year guarantee period as follows: Streets: $55,500.00 Sewer: $13,250.00 Water: $10,150.00 RR:ks STAFFRPT\ TR2 0 9 8 7 2 ..//XiSTING ZONIN6. I TR 20987 ........... ~ ./~ ' ~!' z A-2-20F R-R A-2-20 ,~ R_..~~ ),,;ll "/.. ~ '.,:"~:,~ ·. /--' .' :' ,~" R-~ "1 . 4~. · ': R -I - IC.ooo c-I/c-P R-2 P C-I/C-P · ~ lilt R-2- A-2-20 4,000 ,/ R-I R-: · CZ 4iil · CZ4116 · CZ4ll, · CZ 4iTe App. HERRICK HANSON Use 85 LOTS Area 1tO. CALIE Sec. I 'T. 7S.,R.3W. Assessor's Circulotion SOLAlIA IY. SECONDARY 88' [lement S. GENERAL KEARNY RD. ARTERIAL Rd. Bk. PO. 55C Oete 8/19/85 Drown By Jcw Is1. Sup. Dtst. Bk. 921 I~. 38,/-59 I10' RIV~'~ ¢10(4VTY PL tiAtNIN G 0 EPA R TMEN T NO ~t~ E R-2 LOCATIONAL MAP Iio. LOCATION MAP ITEM NO. 8 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department September 25, 1990 Parcel Map No. 23969 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER ~ PREPARED BY: RECOMMENDATION: Deborah Parks Receive and File APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: EXISTING LAND USE: SURROUNDING LAND USES: Omdahl Enterprises Markham and Associates To subdivide 21.56 acres into four lots Ridge Park Drive, South of Rancho California Road North: )-P South: M-SC East: M-SC West: I - P Site: I-P Site: Vacant North: South: East: West: Vacant Multi Family/Vacant Single Family/Light Industrial Vacant STFRPT\PM23969. A 1 BACKGROUND: ANALYSIS: Parcel Map No. 23969 was continued from the August 20, 1990 Plannin9 Commission Hearing. The Commission directed Staff to meet with the applicant and William Haley, a neighborin9 property owner to develop a solution regardin9 Pujol Street. The meetin9 was held and the Staff Report has been revised. A copy of the minutes of the August 20, 1990 hearin9 is attached. The application for Parcel Map No. 23969 was originally submitted to the Riverside County Plannin9 Department on May 10, 1989. The parcel map was reviewed by the Riverside County Land Division Committee twice; on June 8, 1989 and February 15, 1990. In April, 1990, the file was transferred to the City of Temecula. Area Setting The project site is located in the Emerald Ridge Business Park south of Rancho California Road on Ridge Park Drive. The site is in a hillside area that is currently bein9 mass graded as part of the grading permit for Parcel Map No. 18254. Extensive cut and fill was approved as part of the mass grading plan resultin9 in very high 2: 1 slopes. The properties to the north and west are vacant and are also within the Emerald Ridge Business Park. South of the project site, separated by a slope, is an apartment buildin9. East of the project site, at the base of a large slope are light industrial and residential uses. Circulation and Infrastructure The mass grading permit for Parcel Map 18254 was approved by the County of Riverside and did not take into account the improvement of Pujol Street along the easterly boundary of Parcel Map 23969. A 60 foot right-d-way for Pujol Street was not shown on the underlying Parcel Map 18254, only the existing 40 feet. Within the 20 foot area necessary to widen Pujol Street to 60 feet, the site has been graded to a 2:1 slope improved with a concrete draina9e swell and force main. These improvements are located within an Eastern Municipal Water District easement and are being paid for by Assessment District 159. Attached Exhibit A shows the two large, above ground pipes used to meter the sewage flow of the force main. The force main is an integral component of the sewer system for all of the development in Assessment District 159. The force STF R PT\PM23969. A 2 main helps to direct the sewage to the treatment plant south of Winchester Road. The )ocation of the sewage meters is within the 20 foot area needed to widen Pujol Street to local street standards of 60 feet. The location of the sewer system and above ground improvements were approved by the County of Riverside. The City's Engineering Department is required by Ordinance 460 to condition Parcel Map No. 23969 with the dedication and improvement of all abutting roadways. On August 27, 1990, the City Planning and Engineering Departments held a meeting, as directed by P)anning Commission, to develop a solution which would allow access to Mr. William Haley's property on Pujol Street and take into consideration the sewage meters within the 60 foot right-of-ways. The applicant and Mr. Haley were invited to the meeting. Mr. Haley did not attend the meeting but was informed of the meeting's results in a letter (see attached). In attendance at the meeting were Douglas Stewart, Kirk Willjams, John Middleton, Howard Omdahl and Deborah Parks. A solution to the dedication and improvement of Pujol Street was developed which does not require an exception to Ordinance 460. Riverside County Standard 106, Section "A" allows for short local streets to have an ultimate right-of- way of 50 feet with an improved area of 32 feet. By only requiring an additional 10 foot dedication, the sewage meters will be avoided. A cul-de-sac bulb will not be required for this project. John Middleton spoke with Laura Cabral of the Riverside County Fire Department regarding the proposed improvements of Pujol Street. She agreed that the applicant could build Pujol Street according to the 32'/50' standards with curb and gutter adjacent to Parcel Map No. 23969 only. She also agreed that a turn-around bulb at the end of the cul-de-sac would not be necessary at this time since the street only provides access to one dwelling unit. The Engineering Department recommends that an off-set cul-de-sac be constructed in the future when Mr. William Haley's property is developed to R-3 standards. STFRPT\PM23969. A 3 GENERAL PLAN/ SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: Parcel Map Configuration Parcel 22 of Parcel Map No. 18254 is the underlying parcel for Tentative Parcel Map No. 23969. Tentative Parcel Map No. 23969 divides the site into four parcels. The sizes of the parcels are as fol lows: Parcel 1 - 6.02 acres Parcel 2 - 4.75 acres Parcel 3 - 6.25 acres Parcel 4 - 4.54 acres The subject site is designated RL1 - Restricted Light Industrial by the Southwest Area Plan· The proposed division of land is consistent with the policies for industrial use. It is anticipated that the project, as conditioned, will be consistent with the City's forthcoming General Plan· An Initial Study has been completed for the project and a Negative Declaration is recommended for the proposal. The proposed division is consistent with the Southwest Area Plan and Zoning Code in that all four parcels exceed the minimum lot size of 20,000 square feet and the minimum averege lot width of 100 feet· The lot design is logical and meets the approval of the City's Planning and Engineering Departments. The legal owner of record has offered to make all dedications required. The project will not have a significant adverse affect on the environment· A Negative Declaration is recommended and all impacts will be reduced to insignificant levels through recommended conditions of approval. There is a reasonable probability that the project will be consistent with the City's General Plan once adopted, based on analysis contained in the Staff Report. STF R PT\PM23969. A 4 The division of land is consistent with the provision of Title 18 of the Subdivision Map Act. STAFF RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission: 1. ADOPT the Negative Declaration for Parcel Map No. 23969 2. APPROVE Parcel Map No. 23969 based on the analysis and findings contained in the Staff Report and subject to the attached Conditions of Approval. DP:ks STFR PT\PM23969. A 5 CITY OF TEMECULA CONDITIONS OF APPROVAL Parcel Map No. 23969' Commission Approval Date: Expiration Date: Plannincl Department The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 23969, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. The tentative parcel map shall conform to the requirements of Ordinance 460, Schedule E, unless modified by the conditions listed below. This approved tentative parcel map will expire two years after the City Council approval date unless extended as provided by Ordinance 460. The final map shall be prepared by a registered civil engineer or licensed land surveyor subject to all the requirements of the State of California Subdivision Map Act, Subdivision Ordinance 460. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers, All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if within the land division boundary· All offers of dedication shall provide for nonexclusive public road and utility access. All easements, offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. Legal access as required by Ordinance 460 shall be provided from the parcel map boundary to a City maintained road. All delinquent property taxes shall be paid prior to recordation of the final map. Prior to any grading, a Gradin9 Plan in compliance with the Uniform Buildin9 Code shall be submitted to the City Department of Buildin9 and Safety. STFRPT\PM23969. A I The subdivider shall comply with the street improvement recommendations outlined in the Office of Road Commissioner and County Surveyor's letter dated April 2, 1990, a copy of which is attached. All items of the letter shall comply except for No. 's 3 and 6. 10. The subdivider shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated May 22, 1989, a copy of which is attached. 11. The subdivider shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated June 7, 1989, a copy of which is attached. If the land division lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to recordation of the final map or waiver of parcel map. 12. The subdivider shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated March 3, 1990, a copy of which is attached. 13. The subdivider shall comply with the recommendations outlined in the Building and Safety Department: Land Use Section's transmittal dated March 8, 1990, a copy of which is attached. 14. The subdivider shall comply with the recommendations outlined in the Building and Safety Department: Grading Section's transmittal dated July 14, 1989, a copy of which is attached. 15. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Li9htin9 Policy, as outlined in the Southwest Area Plan. 16. The subdivider shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated May 16, 1989, a copy of which is attached. 17. The subdivider shall comply with the recommendations outlined in the Southern California Edison Company transmittal dated May 24, 1989, a copy of which is attached. 18, Prior to recordation of this map, a reciprocal access agreement shall be recorded for Parcels 2 and 3. 19. Prior to recordation of this map, a signing and striping plan along with a street improvement plan shall be approved by the City Engineer. 2O. Prior to occupancy, developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, includin9 that for traffic and public facility mitigation as required under the SIR/Negative Declaration for the project, in the amount in affect at the time of payment of STFRPT\PM23969. A 2 the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its buildin9 permits for the project or any phase thereof, the developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated l assumin9 benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. 21. Prior to occupancy, Pujol Street shall be improved with concrete curb and 9utter, (on the south side) located 16 feet from centerline with 32 feet of asphalt concrete payin9 in accordance with Riverside County Standard 106, Section "A" (32'/50). 22. Dedication shall be made on Pujol Street to provide for a full 50 foot right-of- way in accordance with Riverside County Standard 106, Section "A" (32'/50) prior to final map. 23. Prior to occupancy, a Riverside County Standard 810 barricade shall be constructed at the west end of Pujo) Street. The applicant shall not be required to construct a sidewalk on Pujol Street adjacent to Parcel Map No. 23969. GRADING: 25. Prior to the issuance of 9radin9 permits, the applicant shall comply with Ordinance No. 663 by pay/n9 the fee required by that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fees required under the Habitat Conservation Plan as implemented by City Ordinance or resolution, 26. Grading plans shall conform to the Hillside Development Standards as presented in the Riverside County Comprehensive General Plan. All cut and/or fill slopes, or individual combinations thereof, which exceed ten feet in vertical height shall be modified by an appropriate combination of a special terracing Ibenching) plan, increased slope ratio (e.g. 3:1), retain walls, and/or slope planting combined with irrigation. All driveways shall not exceed a 15% grade. 27. Prior to the issuance of grading and/or building permits, all proposed new structures on parcels shall be limited to slopes less than 26% unless otherwise approved by the Planning Director. 28. All grading and building plans/permits shall reflect the utilization of post and beam foundations or the appropriate combination of split level pads and post and beam foundations when development is proposed on slopes of 15% or greater measured over a horizontal distance of 30 feet. All driveways shall not exceed a 15% average grade. STFRPT\PM23969. A 3 DEVELOPMENT STANDARDS: 29. Prior to the issuance of building permits, the applicant shall obtain clearance and/or permi.ts from the following agencies: Road Department Environmental Health Riverside County Flood Control Fire Department Written evidence of compliance shall be presented to the Planning Department of Building and Safety. 30. Lots created by this subdivision shall be in conformance with the development standards of the I-P zone. 31. All lots created by this land division shall have a minimum area of 20,000 square feet. 32. When lots are crossed by major public utility easements, each lot shall have a net usable area of not less than 3,600 square feet, exclusive of the utility easement. 33. All lot length to width ratios shall be in conformance with Section 3.8C of Ordinance 460. 34. Prior to recordation of the final map the land divider shall execute a certificate of noncontiguous ownership. 35. Concrete sidewalks shall be constructed in this subdivision in accordance with the Standards No. 400 and 401, except that sidewalk shall not be required on the south side of Pujol Street. PRIOR TO THE RECORDATION OF THE FINAL MAP: 36. Prior to the recordation of the Final Map, the following conditionis) shall be complied with: The subdivider shall annex Tentative Parcel Map No. 23969 into the City of Temecula's Recreation and Parks District. The subdivider shall submit to the Planning Director an agreement with the City of Temecula Recreation and Parks District which demonstrates to the satisfaction of the County that the land divider has provided for the payment of parks and recreation fees in accordance with Section 10.35 of Ordinance No. 460. The agreement shall be approved by the Board of Supervisors prior to the recordation of the final map. A copy of the Environmental Constraints Sheet i ECS) shall be transmitted to the Planning Department for review and approval. STFRPT\PM23969. A 4 ENVIRONMENTAL CONSTRAINT SHEET CONDITIONS: 37. An Environmental Constraints Sheet (ECS) shall be prepared with the final map to delineate identified environmental concerns and shall be permanently filed with the City. Prior to the recordation of the final map, a copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Plannin9 Department and the Department of Buildin9 and Safety. The following notel s) shall be placed on the Environmental Constraints Sheet. "Surface alteration shall not be allowed in the delineated constraint area without additional archaeological investi9ation or mitigation as directed by the City of Temecula Plannin9 Department. "This property is located within thirty (30) miles of Mount Palomar Observatory. Light and glare may adversely impact operations at the Observatory. Outdoor lightin9 shall be from low pressure sodium lamps that are oriented and shielded to prevent direct illumination above the horizontal plane passing through the luminare." Indicate the availability of domestic water services to the subject property as of the date of recordation of the final map. The following note shall be placed on the final map: "Constraints affecting this property are shown on the accompanyin9 Environmental Constraints Sheet, the original of which is on file at the office of the Riverside County Surveyor. No buildin9 permits shall be issued by the City of Temecula for any building in Parcel Map No. 23969 until the developer or the developer's successors-in-interest or assignees, provides evidence of compliance with the terms of said agreement for the financing of public facilities. STF R PT\PM23969. A 5 RESOLUTION NO. 90- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY'OF TEMECULA APPROVING TENTATIVE PARCEL MAP NO. 23969 TO SUBDIVIDE A 21.56 ACRE PARCEL INTO 4 LOTS ON RIDGE PARK DRIVE, SOUTH OF RANCHO CALIFORNIA ROAD. WHEREAS, Omdahl Enterprises filed Tentative Parcel Map No. 23969 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tentative Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tentative Parcel Map on September 17, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearin9, the Commission recommended approval of said Tentative Parcel Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findinqs. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated City shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: I1) The City is proceeding in a timely fashion with the preparation of the general plan. { 2 ) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. Ib) There is little or no probability of substantial detriment to or interference with the future FORMS\RES-TTM 1 adopted general plan if the proposed use or action is ultimately inconsistent with the plan. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, {hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Tentative Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The City is proceeding in a timely fashion with a preparation of the general plan. 12 ) The Planning Commission finds, in approvin9 projects and takin9 other actions, includin9 the issuance of building permits, pursuant to this title, each of the following: There is reasonable probability that Tentative Parcel Map No. 23969 proposed will be consistent with the general plan proposal bein9 considered or studied or which will be studied within a reasonable time. ib) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. Pursuant to Section 6.5, no Tentative Parcel Map may be approved unless the applicant demonstrates the proposed use will not be detrimental to the health safety and welfare of the community, and further, that any Tentative Parcel Map approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. E. As conditioned pursuant to SECTION 3, the Tentative Parcel Map is compatible with the health, safety and welfare of the FORMS\RES-TTM 2 community. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that the proposed project will not have a significant impact on the environment, and a Negative Declaration, therefore, is hereby 9ranted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Tentative Parcel Map No. 23969 for the subdivision of a 21.56 acre parcel into four 14) lots located at Ridge Park Drive, south of Rancho California Road, subject to the following conditions: A. Exhibit A, attached hereto. PASSED, APPROVED AND ADOPTED this 17th day of September, 1990. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the day of , 1990 by the following vote of the Council: AYES: NOES: ABSENT: PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS FORMS\RES-TTM 3 APPLI CANT'S ACKNOWLEDGMENT I have read~ understand and accept the conditions for approval set forth herein above in this Resolution of approval for Tentative Parcel Map No. 23969. DATED: By Name Title FORMS\RES-TTM q PLANNING COMMIBSION MINUTES AUGUST 20, 1990 Commissioner Ford moved to close the public hearing seconded by Commissioner Fahey and carried unanimously. Commissioner Hoag]and moved to reject staff's recommendation and not adopt the Nqgative Declaration for Plot Plan Nos. 5 and 6 and deny Plot Plan Nos. 5 and 6, and direct staff to work with the applicant to provide a detailed landscape plan, review the structural design to ensure adequate screening of the roof equipment, study the parking and to re-evaluate the location of the truck loading doors. Commissioner Hoagland amended his motion by continuing ~he public hearing on Item 4 and Item 5 to the Planning Commission meeting of September 17, 1990. Commissioner Fabey seconded the motion. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Ch~niaeff NOES: 0 COMMISSIONERS: None ReCeSS Chairman Dennis Chiniaeff declared a five minute recess at 7:50 P.M. to allow planning staff to set up more exhibits for agenda items. The meeting was reconvened at 7:55 P.H. Tentative Parcel Map 23969 6.] Deborah Parks presented staff's report on the subdivision of Parcel 22 of Parcel Map 18254 into four parcels. Ms. Parks stated that when the parcel map was approved by the County, they failed to show Pujol Street. County Ordinance 460 required the dedication of Pujol Street; at that time, however, is was overlooked and the width of Pujol Street remained at 40 feet. When Ohmdahl Enterprises applied to sub-divide, they were told by the County they would need the dedication of 20 feet of Parcel 2 for dedication of Pujo] Street. Ohmdahl Enterprises had reached an agreement with Eastern Municipal Water District to provide an easement within this 20 feet. To widen Pujol Street would be a great expense and at this time staff is unclear as to who would be responsible for the cost of these improvements. MIN.8/20/90 -6- e/2s/9o PI.ANNING COMMISSION MINUTES AUGUST ~0, I. 990 John Middleton stated that the EnQineering DeDartment's recommendation was to construct Pu~o] Street as per county standards. Anthony Polo, Markham & Associates, c41750 Winchester Road, Temecu]a, gave a brief description of the project. William Haley, 28426 Pujol Street, Temecula, an adjacent property owner expressed his desire to have the developer proceed with the road improvements to Pujol Street as proposed by the County of Riverside. Anthony Polo offered an alternative to the Commission of leaving Pujo] Street in its' present state and provide the dedication and improvements to create a cu]-de-sac on the end of Sixth Street. Doug Stewart, deputy traffic engineer, advised the Commission that the easement was neither Mr. Ohmdah]'s property nor Mr. Haley's property. He stated that County Ordinance No.460 and the recommendation by the Riverside County Transportation Department requires certain improvements be completed; however, there is an exception clause within the ordinance that would allow the Commission to deviate from these required street improvements, but only under that exception clause could the Commission consider anything other than what was recommended by the county. Commissioner Fahey Questioned the reference to special circumstances of the exception applicable to the properties size, shape or topagraphy, and did that exception apply to such conditions created by the property owner. Doug Stewart stated that the ordinance requires that the applicant put in a street; however, it would be at a substantial cost to the applicant, and since applicant has offered other alternatives that seem more appropriate, the commission could consider one of these alternatives and make that recommendation to the City Council. Commissioner Chiniaeff asked if staff needed action by the Commission to come back with a partial recommendation. MXN. S/20/90 -7- e/23/90 PLANNING COMMISSION MINUTES AUGUST 20, 1990 John Cavanaugh advised the Commission that if they were to approve this parcel map and reconnnend there be a partial dedication or recommend that part of the dedication be accomplished by another property owner other than the applicant, the Commission needs to be aware that ]f the other property owner does not approve of the recommendation, and if that approval is not sought within 120 days after the Commission's recommendation, this condition will automatically terminate. Commissioner Ford asked if this was a condition for outside improvements, could the Cor~ission request the applicant to bond or guarantee the acquisition rights of the property. John Cavanaugh stated that the Commission could either recommend that the applicant provide the dedication of his own property or recommend partial dedication/vacation of the other property owner. If the other property owner does not approve 120 days after the Commission acts on it, tbis conddt~on is automatically terminated. Commissioner Fahey moved to not adopt the Negative Declaration for Parcel Map No. 23969, and to continue the item to September 17, 1990, with staff working with both parties to come to an agreement acceptable. Commissioner Ford seconded the motion. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None 7. Plot Plan 11621 7.1 Deborah Parks provided staff's report and an architectural rendering of the project, a proposal to complete Phase 2 of the project. WIN, 8/20/90 -8- 8/23/90 Lou-,¥~o~ o~- nr_L,r..~vr_u Ruu- B !~J~U August 6, 1990 Planning Commission City of Temecula 43180 Business Park Drive Temecula, California 92390 Subject: Case Number: Applicant: Location: Proposal: Tentative Parcel Map 23969 Omdahl Enterprises Katl'deen Way South of Rancho California Road To subdivide Parcel 22 of Parcel Map 18254 into four parcels Dear Sirs: My property, 28426 Pujol Street, Temecula (Assessment Number and Parcel 922052010-9, .57 acres, Per. Lot 102, Block 38), is across Pujol Street from the proposed subdivision. Late in 1989, I found the surface of the street destroyed because, I assume, of the construction creating a plateau just west and above this area. I contacted the County Road Comn~ission to inquire aboxtt Pujol's future repairs. I was informed that as a condition for the development of Tentative Parcel Map #23969, the County was proposing to the Planning Commission and the Board of Supervisors that this part of "Pujol should be improvt'd with 40 feet of asphalt paving with concrete curb and guth'r within 60 feet right of way terminating in an offset cui de sac.''.1 Later, April 2, 1990, a re:'ision was n'~ade to the proposal and the only cha~ge of whicl'~ I am aware is on page 2, number 5 stating "A slandard offset cul de sac shall be constructed on Pujol Street witl~in the !and division" changing from "culminating on an offset cuhtesac.''#2 The developer ,.,,,as aware of the County condition before he began his project and he has continued to be aware of the situation since Temecula has become a city. I have no concern one way or the other regarding the cul de sac, but I feel that this section of Pujol Street needs to be improved, repaved again, and the developer needs to provide the 20 feet dedicated right of way to conform with the rest of Pujol Street. Planning Co~nmission Page 2 August 6, 1990 Thot~gh I understand that the City of Temecula now has the authority and responsibility for these matters, 1 assume both lhe City and the County respect each other's professionalism and would agree on previous commitments that are obviously nonpartial and in widespread use. Sincerely, lkr #I In tile City of Temccula, Fih' #PM23969, #1 Letter of 2/6/90 from County Road Administrative Engineer to William ltalcy #2 Re: PM 23969 - Amt'nding #1 Schedulc E - Team 5, SMD #9 AP 111-111-111-9 CC: W. Abram, Supervisor D. Dixon, City Manager R. Stephenson, Road Administrative Engineer J. Surlett, Weldan Associates I. Tennant, Road/Transportation Commission OMDAHL ENTERPRISES 28285 Rancho Calif. Rd. Temecula, CA 92390 CITY OF TEMECULA Planning Commission RE: P.M. 23969 Pujol Street Commissoners; ~{e, Omdahl Enterprises, feel the condition requiring us to grant a 20 ft. easement along the Pujol St. dead-end and construct one half of the street with a offset cul-del-sac is not reasonable or feasible. It qualifys under par. B sec. 3.1 ARTICLE 111 (Standards of Land Division-General): "Exceptions from the requirements of this ordinance relating to the design or improvements of land divisions shall be granted only when it is determined that there are special circumstances ap~.licable to the property, such as but not limited to size , shape or topographical conditions, or existing road alignment and width, and that the granting of the modification will not be detrimental to the public health, safety or welfare or be damaging to other property in the vicinity." Reasons for requesting the exception: Physically difficult and costly due to; 1) the existing 2:1 slope in the proposed easement requires a retaining wall to accomodate widening the street and cul-de-sac. 2) the existing drainage structure in the proposed easement would have to be redesigned and rebuilt. 3) the forced sewer main in the proposed easement would have to be realigned and lowered. 4) the blow-off valves on the forced sewer main in the proposed easement would have to be relocated and because of the lowering an extra blow-off valve would have to located on the line. The industrial zoned property, requesting the lot- split, has been graded per an approved grading plan and does not and will never access Pojul St. This section of Pujol St. serves as access to one res- idential lot which has an existing 40 ft. access road which we are not hindering or altering in any way. Construction of the street and cul-de-sac would result in a 15 ft high retaining wall which would be dangerous to children, a graffiti wall and an eye sore for the adjacent residential property owners. The existing 2:1 slope is within a landscape maintenance area including irrigated trees, shurbs and flowers. This beautiful backdrop will be maintained by the Crystal Ridge Business Park. In conclusion, we feel that this would be an impossible condition to meet and would prevent us from moving forward with the development of our park as planned. The estimated exspense to move the existing facilities and build the proposed road is in excess of $250,000.00 dollars. The time involved to get such plans approved thru the various agencies may exceed two years. The net benefit to the public is zero; the net benefit to the one residential lot is to provide it with a 60 ft. access road in leu of its present 40 ft. access. Again we would like to point out that this situation calls for an application of par. B sec. 3.1 article 111. We would also like to point out sec. 66411.1 of the Subdivision Map Act; "(a) Whenever a local ordinance requires improvements for a division of land which is not a subdivision of five or more lots, the regulations shall be limited to the dedication of right-of-way, easements, and the construction of reasonable offsite and onsite improvements for the parcels being created" Thank you for your time and consideration· Sincere y, Howard Omda~rl, General Partner Omdahl Enterprises MEMO TO FILE Parcel Map No. 23969 August 24, 1990 3p.m. Spoke with Laura Cabral with Riverside County Fire Department about Pujol Street. She agreed that the developer could build a 32/50 street with curb/gutter only on Omdahl's property without a turn around at the end of the street. An offset cul-de-sac will be constructed sometime in the future by the R-3 properties when they develop. John Middleton ~,~~/// JM:ks Kirk Willjams Dou9 Stewart Deborah Parks Mayor Ron Parks "ayor Pro Tem ,rel F. Lindemans September 5, 1990 CITY OF TEMECULA P.O. Box 3000 Temecula, Califomia 92390 (714) 694-1989 FAX (714) 694-1999 Counciln~embers Patdcia H. Birdsall Peg Moore I. Sal Mu~oz Mr. William Haley 221 291h Street Manhattan Beach, CA 90266 SUBJECT: Pujol Street, Parcel Map No. 23969 Dear Mr. Haley, I am sending you this letter to inform you of the decisions regarding Pujol Street that were made at an August 27, 1990 meeting pertaining to parcel Map No. 23969. The meeting was scheduled for a time which you had previously informed me that you were available for. Both Doug Stewart and I expressed to you on August 24 the importance of your attendance at the meeting. We are sorry that you were not able to attend the meeting. In attendance at the meeting were Doug Stewart, Kirk Willjams, John Middleton, Howard Omdahl, and myself. The following recommended Conditions of Approval regarding Pujol Street resulted from the meeting: , Prior to Occupancy, Pujol Street shall be improved with concrete curb and gutter, (on the south side) located 16 feet from centerline with 32 feet of asphalt concrete paving in accordance with Riverside County Standard No. 106, Section A (32'/50). The applicant shall not be required to construct a sidewalk on Pujol Street, adjacent to Parcel Map No. 23969. Applicant shall provide for dedication of an additional 10 feet (10') of right- of-way adjacent to Pujol Street in order to provide for a full 50 foot right-of- way in accordance with Riverside County Standard No. 106, Section A (32'/50) prior to final map. Prior to occupancy, applicant shall construct a Riverside County Standard 810 barricade at the west end of Pujol Street. PLANNING\L54 Mr. William Haley September 5, 1990 Page 2 Construction of curb, gutter, and sidewalk adjacent to your property will not be a Condition of Approval for Parcel Map No. 23969, but will be required upon future development of your property. All of these conditions of approval are based on Ordinance No. 460 and do not require any exceptions. We believe that your property will benefit from these recommended conditions of approval and will not place a hardship upon you. They have been reviewed and approved by the Riverside County Fire Department and will be presented to the City of Temecula Planning Commission on September 17, 1990. If you have any questions, please feel free to call myself or John Middleton at ( 714 ) 694-4600. Sincerely, Deborah Parks Case Planner Gary Thornhill Planning Director DP/GT:ks CC: Planning Commissioners John Middleton Doug Stewart Tim D, Setlet File PLANNING\L54 ~£AL MIOP[~TIES AND k~INIITIIAT~[ ItRVIC[S Riverside County P~ad Department ~.a. Box 1090 Riverside, CA 92502 TILlPHONE: 1213) 4~1-2g27 May 24. 1989 Attn: Subdivision Section: SUBJECT: Tentative Parcel Map No. 23969 Please be advised that the division of the property shown on Tentative Parcel Map No. 23969 will not unreasonably interfere with the free and complete exercise of any easement(s) held by Southern California Edison Company within the boundaries of said tentative parcel map. This letter should not be construed as a subordination of the Company's rights, title and interest in and to said easement(s), nor should this letter be construed as a waiver of any of the provisions contained in said easement(s) or a waiver of costs for teloration of any affected facilities. In the event that the development requires teloration of facil- ities, on the subject property, which facilities exist by right of easement or otherwise, the owner/developer will be requested to bear the cost of such teloration and provide Edison with suitable replacement rights. Such costs and replacement rights are required prior to the performance of the teloration. If additional information is required in connection.with the above mentioned subject, please call me at (213) 491-2644. Very truly yours. REGIONAL MANAGER RDeEal Properties Agent 18455pmh CC: Riverside County Planning Dept. Markham & Associates ATTN: Patti Nabill ~25/R/eg/S Easter. M..i ip ,lWater R.~lm, ine af~ Shetrill R~r~ M. ~t Board of Dtttctort J.hn M CouduteL Ptesidem Rkhtrd C Kelley. Vi~e Ptefidem Wm G. Aldtldge Chester C Gilbcr~ Rodget D. S~em, $rcrtta~'/ )u,niu L Machek Riverside Co. Planning Dept. 4080 Lemon St., 9th Floor Riverside, Ca 92501 SUBJECT: The District is responding to your request for comments on the subject project relative to water and/or sewer service. The items checked below apply to this project review. The subject project: /Is not within EMWD's: -----water service area sewer service area /Will be required to construct/provide the following facilities if to be served by EMWD: Sewer Service Any and all necessary regionally sized onstte and offsite gravity sewers and appurtenant works that might include monitoring manholes, lift stations, force mains, and effluent disposal/use. Sewers will not be allowed along lot lines/private land. Fee payment and participation in regional sewers, treatment, and effluent disposal must be met. Only wastes acceptable to EMWD regulations will be allowed. EASTERN MUNICIPAL WATER DISTRICT Planntng Department COUNTY OF R I VERS I DE Department of Building and PLANMINI yards · permit ¢_Z~'__Please make the following a condition of approval: ~_a. Prior to commencing any grading exceeding 50 cubic ~ 8 E~ the owner of that property shall obtain a grading w . from the Department of Building and Safety Prior to approval of this use/subdivision a grading permit and approval of the rough grading shall be obtained from the Building and Safety Department. P~ior to issuance of any building permit, the property owner shall obtain a grading permit and approval to construct from the Building and Safety Department. Constructing a road, where greate~ than 50 cubic yards material is placed or moved, requires a grading permit. Prior to occupancy and/or beginning actual use of this permit, a grading permit and approval of the grading shall be o~tained from the Building and Safety Department. Provide verification that the existing grading permitted and approval to construct was obtained from Building and Safety. the ___g. The Grading Section has no comment on this site. NOTE: For the final grading plan - Please provide the applicable information from County Grading Porms ES~-8b EBb-el ES -4a ( PAVING} ~B~-19~ E8~-13~ Ray. 3/8~ C~JNTY OF RIVERSIDE Department of Building and Safety ~ase refer to the following comments when submitting a grading ~,an for plan review by the Grading Section. X ..~13 · 14, 15. 16- 19. Please refer to department forms 284-86, 284-120, 284-21 and 24-46 for applicable information to include on your grading plans. In orde'r to issue a grading permit, the following items will be needed*at the plan review stage. X a. Obtain a plan review permit. X b. Provide 2 copies of the Preliminary Soils Report. Provide a copy of the hydrologic-hydraulic Submit review. study. Provide clearance departments. letters from the following Planning Flood Control Road Department Other F/~E Provide a set of the Planning Department conditions of approval on the approved case. Provide an erosion control plan, prepared by a licensed landscape architect, for plan review, permit, and bonding. 5 copies of the grading plan for distribution and Refer to any specific plan related to this project. This property is located in the Rancho California Potential Subsidence area. Per Board Resolution 88-61, additional geotechnical information is required. Observe slope setbacks from permit areas and structures per section 7011 and figure 29-1 of the Uniform Building Code as modified by Ordinance 457. Driveway grades shall be 15% or less. Show*street and pad elevations~ *.Insure that al% grade (minQ can be*maintained from back of pad to street. Design V-ditches at top of slopes to handle the Q-100 year storm flow. Provide recorded drainage easements for the proposed lot to lot drainage. Show the Q-iO0 year storm flows at the inlet and outlet of all drainage fabilities. Provide building footprint on all lots. Design each lot to drain separately. Prior to issuance of a grading permit, projects having an imbalance between cut and fill shall specify the location of their import or export source. Show all slopes to scale, including terrace and setbacks. Proposed off-site grading will require written notarized permission from the affected property owner. No obstruction or diversion of natural water courses shall be permitted. Provide sufficient offsite topography to show this projects compatibility with adjacent properties. Verify any underlying grading was permitted and approved to construct there on. Adrninimralive Cenler · '1777 Atlanla Avenue Fliver$ide, CA 9'2507 March 8, 1990 MAR l 1990 Riverside County Planning Department Attention: Jeff Adams County Administrative Center 4080 Lemon Street Riverside, CA 92501 R!~ ~RSIDE COUNTY PL/~,NNtNG DEPARTMENT RE: Parcel Map 23969, Amended Map No. 1 Ladies and Gentlemen: The Land Use Division of the Department of Building and Safety has the following comments and conditions: The developer shall obtain Planning Department approval for all on-site and off-site signage advertising the sale of the parcel map pursuant to Section 19.5 of Ordinance 348. Sincerely, Vaughn Sarkisian Land Use Technician /sn OFFICE OF ROAD COMMISSIONER & COUNTY SURVEYOR April 2, 1990 [~n E ~ntmnt ACTING ROAD ~MM~iONER & ~UNTY SURVEYOR Riverside County Planning Commission 4080 Lemon Street Riverside, CA 92501 Ladies and Gentlemen: COUNTY ADMINISTRATIVE CENTER MAILING ADDRESS: PAD. BOX 1090 RIVERSIDE, CALIFORNIA 92502 (714) 27~4s88~ PM 23969 - Amend #1 Schedule E - Team 5 SMD #9 AP #111-111-111-9 With respect to the conditions of approval for the referenced tentative land division map, the Road Department recommends that the landdivider provide the following street improvements, street improvement plans and/or road dedications in accordance with Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 461). It is understood that the tentative map correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's, and that their omission or unacceptability may require the map to be resubmitted for further consideration. These Ordinances and the following conditions are essential parts and a requirement occurring in ONE is as binding as though occurring in all. They are intended to be complementary and to describe the conditions for a complete design of the improvement. All questions regarding the true meaning of the conditions shall be referred to the Road Commissioner's Office. The landdivider shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e., concentration of diversion of flow· Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/ or by securing a drainage easement. All drainage easements shall be shown on the final map and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by land fills ere allowed"· The protection shall be as approved by the Road Department. The landdivider shall accept and properly dispose of all offsite drainage flowing onto or through the site. In the event the Road Commissioner permits the use of streets for drainage purposes, the provisions of Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage facilities as approved by the Road Department. ~_969 - Amend #1 'April 2, 1990 Page 2 11. PuJol Street shall be improved with concrete curb and gutter located 20 feet from centerline and match up asphalt concrete paving; reconstruction; or resurfacing of existing paving as determined by the Road Commissioner within a 60 foot full width dedicated right of way in accordance with County Standard No. 104, Section A. or as .approved by the Road Department. Kathleen Way 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. 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 Con~issioner. Completion of road improvements does not imply acceptance for maintenance by County. ' .... A standard offset cul-de-sac shall be constructed on PuJol Street within the landdivision. Asphaltic emulsion (fog seal) shall be applied not less than fourteen days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section 37, 39 and 94 of the State Standard Specifications. The applicant shall provide CC&R's to insure access to all parcels. The maximum centerline gradient and the minimum centerline radii shall be in conformance with County Standard #114 of Ordinance 461· Concrete sidewalks shall be constructed throughout the landdivision in accordance with County Standard No. 400 and 401 (curb sidewalks) as approved by the Road Conxnissioner. Prior to the recordation of the "fihal map, the developer shall deposit with the Riverside County Road Department, a cash sum of $1,750.00 per gross acre as mitigation for traffic signal impacts. Should the developer choose to defer the time of payment, a written agreement may he entered into with the County deferring said payment to the time of issuance of a building permit. Electrical and co~nunications trenches shall be provided in accordance with Ordinance 461, Standard 817· /~M 2~969 - Amend April 2, 1990 Page 3 3. 4. 5. 6e 7. 18. 9. Lot access shall be restricted on PuJol Street and so noted on the final map. Landdivisions creating cut or fill slopes adjacent to the streets shall provide erosion control and sight distance control as approve] by the Road Department. The street design and improvement concept of this project shall be coordinated with PM 18254. Street lighting shall be required in accordance with Ordinance 460 and 461 throughout the subdivision. 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, *fter receiv{ng tentative ~prov~l, for an application with LAFCO for annexation into or creation of a "Lighting Assessment District' in accordance with Governmental Code Section 56000. PRIOR TO P~-CORDATION, the landowner shall receive and provide a Certificate of Completion from LAFCO. Any landscaping within public road rights of way shall comply with Road Department standards and require approval by the Road Co~nissioner 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. The applicant shell record CC&R's to provide access to Parcels 2 and 3. Said CC&R's shall be subject to approval by County Counsel and the Road Comissioner. Pursuant to Section 66493 of the Subdivision Map Act any subdivision which is part of an existing Assessment District must comply with the requirements of said Section. Road Division Engineer naT: Jw DM: uo lncy oI l clverslOe DEPARTMENT OF tlEAL]It RIVERSI E COUNTY PLANNING DEPT. ~Mart~ental Health Specialist IV PARCEL M_h2 23969 - S~2q 53 Requirements DATE: May 22, 1989 j IEII:glE IE ' 23 The Environmental !lealth Services Division has reviewed tile tentative map for this project and cannot make nny recommendations until a sanitation letter is filed. TIle requirements for a SAN S3 letter are as follows: A satisfactory soils percolntion test to prove the project feasible. A clearance letter from tl~e n!,prol}rinte California Regional Water Control Board· 3. Two copies of tl~e tentative m."'tlt. A "will-serve" letter from the agency/agencies serving parable water. Should the project be served saultar)' sewer service, this Department would need only: A "wi I 1-serve" letter from the n~ency/agencies serving parable water a,d sanitary sewers. 2, One copy of tile tentative map. If the project is to be served Icater ID' existing wells, pumps and water tanks, a water stropply permit will be required (contact the Environmental !lealth Services Ilivisio,, !in~ineering Sectlea at 787-6544). The requirements for a water s,pply permit are as follows: Satisfactory lalmrator)' tests (bacteriological, orp. anic, inorganic, gener:tl I~l~)'sic:~!, nnd p. enernl mineral) to prove tile wztter Imtal}le. '. A complete set of plnns sinewlap. all details of the !~roposed nnd existlug water systems: sizes and types of pipe nnd calctilntio,s sltowi,g that adequate quantity nnd pressure Can be nm intn i.ed (Ca I i rornja Waterworks Stnml:lrds - Cul i foruia Ilcal th nml Safety Code nnd California Administrutive Code, Title 22). These plans must be signed by a registered civil engineer. KENNETH I_ rDWANDE CHIEF ENGINEIN ~llgB MANKILT ITRIIrT P. O. BOX TO33 TELEPHONE (714) 787-2OI5 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Riverside County Planning Department County Administrative Center Riverside, California 92501 Attention: Regional Team No. 5 Patti Nahill Ladies and Gentlemen: Re: Parcel Map 23969 This is a proposal to divide 21.56 acres into 4 lots in the Temecula area. The site is located at the end of Kathleen Way south of Rancho California Road. Parcels 3 and 4 are proposed to drain to the storm drain located northeast of this site. Parcels 1 and 2 are proposed to drain east of the site. Offsite flows are to be collected in the con- crete ditch in the southern most corner of the site. These pro- posals appear to be consistent with the approved Parcel Map 19626-2. Following are the District's recommendations: This parcel map is located within the limits of the Mur- rieta Creek/Murrieta Valley Area Drainage Plan for which drainage fees have been adopted by the Board. Drainage fees shall be paid as set forth under the provisions of the "Rules and Regulations for Administration of Area Drainage Plans", amended February 16, 1988: Drainage fees shall be paid to the Road Commissioner as part of the filing for record of the subdivision final map or parcel map, or if the recording of a final parcel map is waived, drainage fees shall be paid as a condition of the waiver prior to recording a certificate of compliance evidencing the waiver of the parcel map; or At the option of the land divider, upon filing a re- quired affidavit requesting ale ferment of the payment of fees, the drainage fees may be paid to the Build- ing Director at the time of issuance of a grading permit or building permit for each approved parcel, 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 ~arcel within the prior 3 year period, or permits for either activity have been issued on that parcel which remain active. Riverside County Planning Department Re: Parcel Map 2969 - 2 - June 7, 1989 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". A drainage easement should be obtained from the affected property owners for the release of concentrated or di- verted storm flows. A copy of the recorded drainage easement should be submitted to the District for review prior to the recordation of the final map. A copy of the improvement plans, grading plans and final map along with supporting hydrologic and hydraulic cal- culations should be submitted to the District 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. Questions concerning this matter may be referred to Zully Smith of this office at 714/787-1253. c: Markham and Associates Senior Civil Engineer ZS:seb KENNETH L. EDWARDS RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RIVERSIDE. CALIFORNIA 92502 Riverside County Planning Department County Administrative Center Riverside, California Attention: Regional Team No. ,~' P 1 anner Area: Re: 1995 MARKET STREET P.O. BOX 1033 TELEPHONE (714) 787-2015 FAX NO. (714) 788-9965 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." drainage plan fees shall be paid in accordance with the applicable rules and regulations. The proposed zoning is consistent with existing flood hazards. Some flood control facilities or floodproofing may be required to fully develop to the implied density. The District's report dated is still current for this project. The District does not object to the proposed minor change. /This project is a part of /:~/C~//~/~y~-,~ The project will be free of ordinary storm flood hazard when improvements ~ave been constructed in accordance with approved plans. The attached comments apply. V ryFruly you s ~O~JriH. KASHUBA Senior Civil Engineer DATE: A~,-IO~ [~)i 0 PhnainS & EnSinee~g Offia 46-209 Oasis Strict, .Suite 405 indio, CA 92201 (619) 342-8886 TO: ATTN: PLANNING DEPARTMENT JEFF ADAMS ' ' Planning & EnSineering C)ffia /,4080 lemon St~t, Suite 11L Riverside, CA 92501 !ff R 0 8 7990cv141 vs -66o6 RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION R VE S OE CO PLANNING DEpA UNTy RTU NT PARCEL MAP 23969 - AMENDED #1 With respect to the conditions of approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: FIRE PROTECTION The water mains shall be capable of providing a potential fire flow of 5000 GPM and an actual fire flow available from any one hydrant shall be 2500 GPM for hours duration at 20 PSI residual operating pressure. Approved super fire hydrants, (6"x4"x2-2½") shall be located at each street intersection and spaced not more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet'from a fire hydrant. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Dept." The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. All questions regarding the meaning of the conditions shall be referred to the Fire Department Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner By Kurt Mantwell, Fire Safety Specialist CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Backqround 1. l~mse of Proponent: 2. Address and Phone ~--her of Proponent: Omdahl EnterDrises 28275 Rancho California Road Temecula, California 92390 e Date of Environmental Assessment: Agency Requiring Assessment: Name of Proposal, if applicable: Location of Proposal: June 22, 1990 CITY OF TEMECUIA Tentative Parcel Map # 23969 South of Kathleen Way II Environmental Impacts I Explanations of all "yes" and "maybe" answers are provided on attached sheets. ) Yes Maybe No 1. Earth. Will the proposal result in: ae 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 BLANKIES/FORMS fe Changes in deposition or erosion of beach sands. or changes in siltation. deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay. inlet or lake? Exposure of people or property to geologic hazards such as earth quakes. landslides. mudslid,s. ground failure. or similar hazards? Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? 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? Substantial changes in absorption rates. drainage patterns. or the rate and amount of surface runoff? Alterations to the course or flow of flood waters? Change in the amount of surface water in any water body? Discharge into surface waters, or in any alteration of surface water quality. including. but not limited to. temperature. dissolved oxygen or turbidity? Alteration of the direction or rate of flow of ground waters~ Yes Maybe No X X 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? Substantial reduction in acreage of any agricultural crop? Animal Life. Will the proposal result in: Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects)? Reduction of the numbers of any unique, rare or endangered species of animals? Deterioration to existing fish or wildlife habitat? Yes X Maybe No X X 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: ae Substantial increase in the rate of use of any natural resources? 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. Wil| 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 X No X X X BLANKIF~/FC)RM-~ Yes Maybe No Effects on existing parking facili- ties, or demand for new parking? Substantial impact upon existing transportation systems? Alterations to present patterns of circulation or movement of people and/or goods? ee Alterations to waterborne, rail or air traffic? 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? Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services? 15. Energy. Will the proposal result in: 16. ae Use of substantial amounts of fuel or energy? 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 17. 18. 19. b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? Human Health. Will the proposal result in: ae Creation of any health hazard or potential health hazard (excluding mental health ) ? 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? 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 X NO .X..-- × X × RI ANKII:C, II:t~DUC Yes Maybe N,_~o 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? Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? I 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? I 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. ) Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? Discussion of the Environmental Evaluation BLANKIES/FORMS 'R' ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ficant effect on the environment, there will not be a signi- 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. 31 Ll,ly 1990 Date For CITY OF TEMECULA :IiVE:t iDE COUn u. -PLanninG DEPA:tDnEn ENVIRONMENTAL ASSESSMENT FORM: ENVIRONMENTAL ASSESSMENT' (E.A.) NUMBER: PROJECT CASE TYPE(s) AND NUMBERS(s): ';P/~C.,F'#_ APPLICANT'S NAME: OH/~tCk-I'~L- NAME OF PERSON(s) PREPARING E.A.: ~ ~1 I. PROJECT INFORMATION A. DESCRIPTION (include pro~ minimum lot size and uses as appli~ble): STANDARD EVALUATION MODULE NUMBER(s): B. TOTAL PROJECT AREA: ACRES ,~..{, r_---~ ; or SQUARE FEET C. ASSESSOR'S PARCEL NO.(s): C}HO ' '~JlO 'OIc~ ,i~iV.D cl~tO- ~10-0~--.,0 D. EXISTING ZONING: E. PROPOSED Z,ONING: F. STREET REFERENCES: Ge He IS THE PROPOSAL IN CONFORMANCE? IS THE PROPOSAL IN CONFORMANCE? OF WA,.f SECTION,.TOWNSHIP, RANGE DESCRIPTION OR ATTACH A LEGAL DESCRIPTION: BRIEF DESCRIPTION OF THE EXISTING ENVIRONMENTAL SETTING OF THE PROJECT SITE AND ITS SURROUNDINGS: II. COMPREHENSNE GENERAL PLAN OPEN SPACE AND CONSERVATION DESIGNATION Check the appropriate option(s) below and proceed accordingly. [] All or pad of the project site is in "Adopted Specific Plans," 'REMAP" or "Rancho Villages Community POlicy Areas". Complete Sections III, IV (B and C only), V and VI. :~ All or part of the project site is In "Areas Not Designated as Open Space". Complete Sections III, IV (A, B and D only), V and VI. [] All or part of the project site has an Open Space and Conservation designation other than those mentioned I III. ENVIRONMENTAL HAZARDS AND RESOURCES ASSESSMENT A. Indicate the nature of the proposed land use as determined from the descriptions as found in Comprehensive General Plan Figure VI.3 (Circle One). This information is necessary to determine the appropriate land use suitability ratings in Section III.B. NA - Not Applicable Critical Elumntial Normal-High Risk (~NormaI-Low ~ B, Indicate with a yes (Y) or no (N) whether any environmental hazard and/or resource lesues may significantly affect or be affected by the proposal. All referenced figures are contained in the Comprehensive General Plan. For any issue marked yes (Y) write additional data sources, agencies consulted, findings of fact and any mitigation measures under Section V. Also, where indicated, circle the appropriate land use suitability or noise acceptability rating(s). (See definitions at bottom of this page). HAZARDS I t,( Alquist-Priolo Special Studies or County Fault 12. Id Hazard Zones (Fig. VI.1 ) NA PS U R (Fig. V1,,3) Liquefaction Potential Zone (Fig. VI. 1 ) D ~ ~ C., ~. 13. H NA S 4~ U R (Fig. VI.4) GroundshakingZone(FigVl.1) CLA-_-j~ 'FF 14. kJ lo.N 11.,k.I Airport Noise (Fig. 11.18.5, 11.18.11 & V1.12 & 1984 AICUZ Report, M.A.F.B.) 4~ A B C D (Fig, VI.11 ) Railroad Noise (Fig. VI.13 - VI.16) d~ A B C D (Fig, VI.11 ) Highway Noise (Fig. VI. 17 - VI.29) NA Slopes (Riv. Co. 800 Scale Slope Maps) Landslide Risk Zone (Riv. Co. 800 Scale Seismic Maps or On-site Inspection) S PS U R Reckfall Hazard (On-site Inspection) Expansive Soils (U.S.D.A. Soil Conservation Service SoIl Surveys) Erosion (U.S,D-~. Soil Conservation Service Soil Surveys) Wind Ersosion & Blowsand (Fig. VI.1, Ord. 460, Sac. 14.2 & Ord. 484) Dam Inundation Area (Fig. VI.7) Roodplains (Fig, VL7) ~ PS U R (Fig. VI.5) ~) A B (Fig. VI.6) (Fig. VI.8) 15. Other Noise 16. 17. k} 18. ~%) 19. ~ 20. H 21. ~ 22. JJ 23. ~J 24. _.~ 25. .. C D (Fig, Vl.11 ) NA A B C D (Fig, VI.11 ) Project Generated Noise Affecting Noise Sensitive Uses (Fig. VI.11) Noise Sensitive Project (Fig. VI.11) Air Quality Impacts From Project Project Sensitive to Air Quality Water Quality Impacts From Project Project Sensitive to Water Quality Hazardous Materials and Wastes Hazardous Fire Area (Fig. VI.30 - VI.31) Other ~Ji, L~'~tDr ldr--F'- ~ Other RESOURCES 26. kJ Agriculture (Fig. Vl.34- VI.35) 32j~/ 27,/~ In or Near an Agdculturel Preserve 33. tJ (Riv. Co. Agricultural Land Conversation 34._.~_. Contract Maps) Vegetation (Fig. VI.38 - VI.40) 33~1..~ Mineral Resources (Fig. VI.41 - VI.42) 36. Energy Resources (Fig. VI.43 - VI.44) 37. Scenic Highways (Fig. VI.45) Histodc Resources (Fig. VI.32 - VI.33) Archaeological Resources :Pc> ~n 5 (Fig. VI.32 - VI.33 & VI,46 - VI.48) Paleontological Resources (Paleontological Resources Map) Other Other Definitions for Land Use Suitability end Noise Acceptability Ratings NA - Not Applicable S - Generally Suitable PS - Provisionally Suitable U - Generally Unsuitable R - Restricted A - Generally Acceptable LAND USE DETERMINATION Complete this part unless the project is located in "Adopted Specific Plans", "REMAP" or "Rancho Villages Community POlicy Areas." 1. OPEN SPACE AND CONSERVATION MAP DESIGNATION(s): 3. SUBAREA, IF ANY: I~,¢VdC,H3 C_.J~LI J~)F;a~l~J) A 4. COMMUNITY POLICY AREA, IF ANY: }~tT~. T~,c~I_D/vIA~ 6. ATI I 7. SUMMARY OF POLICIES AFFECTING PROPOSAL: For all projects, inidcate with a yes (Y) or no (N) whether any public facilities and/or services issues may signir~.,antly affect or be affected by the proposal. All referenced figures are contained in the Comprehensive General Plan. For any issue marked yes (Y), write data sources, agencies consulted, findings of fact, and mitigation measures under Section V. PUBUC FACILITIES AND SERVICES 1. Circulation (Fig. IV.1 -IV.11. Discuss in 10./~ Sec. V Existing, Planned & Required Roads) Bike Trails (Fig. IV. 12 - N. 13) Water (Agency Letters) Seer (Agency Lmtem) Fire Services (Fig. N.16 - IV.18) Sheriff Services (Fig IV. 17 - N. 18) Schools (Fig. N.17 - N. 18) Solid Waste (F~g. N.17 - N. 18) Parks and Recreation (Fig. IV.19 - IV.20) 3. 4. 5~___ 6.~j 7 9.~ 11-/~ 12. N 13. ~J 14 16. FJ 17- Equestrian Trails (Fig. IV.19 - N.24/ Riv. Co. 800 Scale Equestrian Trail Ma,os) Utilities (Fig. N25 - IV.26) Libraries (Fig. N.17 - N. 18) Healffi Services (Fig. IV.17 - IV. 18) Airports (Fig. 11.18.2 - 11.18.4, 11.18.8 - 11.18.10 & IV.27 - IV.36) Dieaster Preparedness City Sphere of Influence Otter If all or part of the project is located in "Adopted Specific Plans", 'REMAP" or 'Rancho Villages Community POlicy Areas", review in detail the specific policies applying to the proposal, and complete the following: 1. Slate the relevant land use designation(s): 2. Based on this initial study, is the proposal consistant with the policies and designations of the appropriate document, and therefore consistent with the Comprehensive General PlanY If not, explain: IV. LAND USE DETERMINATION (continued) - D. ff all or pad of the project site is in "Areas not Designated as Open Space", and is not in a Community Plan, complete questions 1, 2, 3, 6 and 7. Complete questions 4, 5, 6 and 7 if it is in a Community Plan. 1. Land use category(lea) necessan/to support the proposed projed. Also indicate land use type (i.e. residential, commercial, etc.) C,P,T'F('nOP%Lf ~ Current land use category(los) for the site based on existing conditions. Also indicate land (i.e. residential, commercial, etc.) Cr~.~ ~ 3. If D.1 differs from D.2, will the difference be resolved at the development stage? Explain: use type 4. Community Plan designation(s): Is the proposed project consistent with the policies and designations of the Community Plan? ff not, explain: 6. Is the proposal compatible with existing and proposed surrounding land uses? If not, explain: 7. Based on this initial study, is the proposal consistent with the Compre|msive General Plan? If not, reference by Section and Issue Number those issues identifying inconsistencies: E. If all or part of the project site is in an Open Space and Conservation designation, complete the following: 1. State the designation(s): 2. Is the proposal consistent with the designation(s)? If not, explain: 3. Based on this initial study, is the proposal consisent with fie Comprehensive General Plan? If not, reference by Section and Issue Number those issues identifying inconsistencies: V. INFORMATION SOURCES, FINDINGS OF FACT,AND MITIGATION MEASURES A. ADDITIONAL INFORMATION REQUIRED BEFORE ENVIRONMENTAL ASSESSMENT CAN BE COMPLETED: DATE SECTION/ INFORMATION INFORMATION ISSUE NO. REQUIRED REQUESTED DATE ADEQUACY INFORMATION DETERMINATION RECEIVED (YES/NO,DATE) For each issue marked yes (Y) under Sections III.B and IV.B, identify the Section and issue number and do the following, in the format as shown below: 1. List all additional relevant data sources, including agencies consulted. 2. State all findings of fact regarding environmental concerns. 3. State specific mitigation measures, if identifiable without requiring an environmental impact report (E.I.R.) 4. If additional information is required before the environmental assessment can be completed, refer to Subsection A. 5. If additional sheets are needed to complete this section, check the I~:~x at the end of the section and attach the necessary sheets. SECTION/ ISSUE NO. SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MITIGATION MEASURES: V. INFORMATION SOURCES, FINDINGS OF FACT AND MITIGATION MEASURES (continued) SECTION/ ISSUE NO. SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MITIGATION MEASURES: See attached pages. Vl. ENVIRONMENTAL IMPACT DETERMINATION: [] The project will not have a significant effect on the environment and a Negative Declaration may be (or) [] The project could have a significant effect on the environment; however, them will not be a significant effect in this case because the mitigation measures described in Section V have been applied to the project and a Negative Declaration may be prepared. (or) [] The project may have a significant effect on the environment and an Environmental Impact Report is required. Name: hate: Prepared by ITEM NO. 9 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER~ CITY OF TEMECULA AGENDA REPORT City Council/City Manager Plannin9 Department September 25, 1990 Conditional Use Permit No. 2980, Revised Permit No. 1, PREPARED BY: Richard Ayala RECOMMENDATION: Receive and File APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: Linkletter RC Partners The Keith Companies Addition of second story warehouse complex. Terminus of Lyndie Lane C-1/C-P to Building "B" of mini- I General Commercial ) North: R-2 South: C-1/C-P East: C - 1 / C-P West: C - 1 / C- P Not applicable. Existing Mini-Warehouse {Multiple Family Dwellings) I General Commercial ) I General Commercial ) I General Commercial ) STAFF R PT\ C U P2980 1 SURROUNDING LAND USES: PROJECT STATISTICS: North: South: East: West: Vacant Commercial Multi-Family Dwellings and Office Center under construction Multi-Family Dwellings No. of Acres: Building Data: Gross Storage Area: Dwellin9 Unit Area: Parking Required: Parkin9 Provided: 3.08 Existing Building A: 12,921 sq.ft. Proposed Building B: 33,070 sq.ft. Existin9 Buildin9 C: 10,856 sq.ft. Existin9 Buildin9 D: 6,194 sq.ft. Existin9 Buildin9 E: 2,506 sq.ft. Existin9 Buildin9 F: 2,000 sq.ft. 67,542 sq. ft. 1,385 sq. ft. 2 spaces/3 employees 7 BACKGROUND: PROJECT DESCRIPTION: Conditional Use Permit No. 2980, Revised Permit No. 1, Planning Correction No. 1 was originally approved by the Riverside County Planning Commission on June 6, 1990. At that time a Negative Declaration was adopted for Environmental Assessment No. 34398, and the project was found to be consistent with applicable policies in the County's comprehensive General Plan and Zonin9 requirements. The project is located at the terminus of Lyndie Lane. Conditional Use Permit No. 2980, Revised Permit No. 1, Planning Correction No. 1, is an application to add a second story (approximately 16,535 sq.ft. ) to Building "B" of an existing mini-warehouse complex. The original mini-warehouse complex was approved under Conditional Use Permit No. 2980 by the Riverside County Board of Supervisors on May 25, 1989. Desiqn Considerations The proposed project has been designed in accordance with the standards of Ordinance Nos. 348 and 460. The main access to the project is Lyndie Lane. The mini- warehouse complex has adequate vehicular circulation and is enclosed within decorative concrete block walls. Adequate landscaping is provided along the perimeter of the complex and at the main entrance. STAFFRPT\CUP2980 2 GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: The proposed project is consistent with SWAP. Under SWAP, the project site is designated commercial. In addition, Staff finds it probable that this project will be consistent with the new General Plan when it is adopted. The Initial Study conducted for Environmental Assessment No. 34398 indicated possible negative impacts and hazards associated with the project to be; potential for erosion, aesthetics, and impacts to public services and traffic. However, all of these concerns can be adequately mitigated to the level of insignificance through the Conditions of Approval at development stage. The site for the proposed use is suitable in size to accommodate the proposed project. 2. The proposed intensity of use will not have a substantial adverse impact on adjacent properties. 3. The project as conditioned will not have an adverse impact on traffic circulation. The proposed use will not likely generate excessive noise, vibration, or other disturbance resulting from use of the site. The project is considered consistent with the current zoning of the subject site. The project will not have a significant adverse affect on the environment· There is a reasonable probability that the project will be consistent with the City's General Plan Development Standards once adopted, based on analysis contained in the staff report. There is not a probability of detriment to, or interference with the future General Plan if the proposed use is ultimately inconsistent with the new General Plan. The site of the proposed use is provided adequate access. STAFFRPT\CUP2980 3 10. That findings stated above are supported by minutes, maps, exhibits, correspondence and environmental documents associated with this project and herein incorporated by reference. STAFF RECOMMENDATION: The Planning Department Staff recommends that the City Council: RECEIVE AND FILE Conditional Use Permit No. 2980, Revised Permit No. 1, Planning Correction No. I subject to the attached Conditions of Approval, based on the analysis and findings contained in this Staff Report. RA:ks Attachments: 1. Conditions of Approval STAFFRPT\CUP2980 MEMORANDUM TO: FROM: DATE: SUBJECT: City Cbuncil/City Manager Engineering Department September 18, 1990 Additional Conditions of Approval for Conditional Use Permit No. 2980 Revised Permit No. 1 Staff is recommending that the Conditions of Approval previously approved by the Riverside County Board of Supervisors be amended as indicated. ADD THE FOLLOWING CONDITION: Prior to Occupancy: Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. JM:ks STAFFRPT\CUP2980 LOCATIONAL MAP 15 NO SCALE SUBJMCT: CCIqDITICRAL USE PERMIT NO. 2980, PIANNING CORRECTION NO. 1 June 7, 1990 REVIS[~ PERMIT NO. 1, I~9"RTVE ~ FTTR the Notice of Decision for the cases acted on by the Planning Cu,,~ission on June 6, 1990. THE PLANNING CCE44ISSION /%Lf/',~a, the Negative Declaration for E.A. Number 34398 based on the findings incorporated in the environmental assessment and the conclusion that the proposed project will not have a significant effect on the enviromnent; and, APPR(PVHD the C[~iTIfMAL U~E C~SE NO. 2980, ~ F~MIT NO. 1, ~ ~1'1~ ~. 1 s~j~ to ~e atta~ ~n~tions ~co~t~ ~ ~e Pl~g ~,~ssion ~utes ~t~ J~e 6, 1990. The decision of the Planning Cut,tassion is considered final and no action by the Board of Supervisors is required, unless, within 10 days after the Notice of Decision aFpears on the Board' s agenda, the applicant or an interested person files an appeal acccmpanied by the fee set forth in ordinance 348, unless the Board orders the matter set for public h~ring before the appropriate appeal board. Pan Goldman, Chief Deputy Planning Director PTev. ASh. tel'. Depts. Comments Dist. AGENDA NO. MO[IUN: Upon mntion by Commissioner Donahoe, seconded by Commissioner Turner, and unanimously carried, ~entativ~ TraCt No. 23278, Amended No. 6, was continued to July 18, 1990 at 10:00 a.m. (AGENDA ITEM 5-1 - Tapes 4B, 5A) CONDITIONAL USE PERMIT 2980, REVISED NO. I - ~A 34398 - Linkletter Partners - Temecula Area - First Supervisorial District - 2.12± acres, at terminus of Lyndie Lane - PROjECT: Additional level on Building "B" of CUP 2980 {Mini-warehouse} Hearing was opened at 5:25 p.m. and was closed at 5:36 a.m. STAFF RECOMMENDATION: Adoption of the Negative Declaration for EA 34398 and approval of Conditional Use Permit 2989, Revised Permit No. 1, based on the findings and conclusions listed in the staff report. The applicant proposes to add a level on Building "B" on 2.12 acres located at the terminus of Lyndie Lane. A mini-warehouse currently exists on the site. Surrounding land uses are residential, a shopping center, an office complex, an apartment complex and vacant property. Zoning on site is C-1/C-P. Surrounding zoning is C-l/C-P, R-3 and R-2. The project has been determined to be compatible with area development. The initial studies for this site indicated possible impacts by way of erosion, aesthetics and public services and traffic. They are attempting to compromise with the applicant and get some landscaping along the northerly boundary to help mitigate potential visual impacts to the apartments located to the west. Commissioner Beadling asked would material be brought to the second floor of a warehouse. Staff advised that they would use steps or elevate~s. TESTIMONY OF PROPONENT: jim Morrissey (Keith Companies, 6296 River Crest Drive, Riverside), representing the applicant, said that the project is built and all that is left to do is to add a second story to Building "B". The exhibit identified the change that staff was requesting as part of the additional floor. There was concern that the apartments located to the northwest would be concerned because they would be looking at a two story building. The apartments are located on a significant bluff, above the property, and will be able to see the site, whether the building is one or two story. The project has allowed for that planter area and there are eucalyptus trees already planted. Mr. Morrissey distributed a letter to the'Commission from Linkletter Construction (Creston Smith} with respect to vines being required along the walls. He said that Condition 13 required that vines be placed every few feet and that Condition 29 required that some type of material, a protective coating, be placed on the exterior walls. 'He felt that that those two requirements were in conflict. The reason for the vines was due to the potential for graffiti, and the coating was for the easy removal of graffiti. There is material which the applicant has used which will eliminate the graffiti problem. The applicant asked, therefore, that all but the first sentence be deleted from Condition 13. He noted that a number of the conditions have already been complied with, and that a number of leases have already occurred. Con~issioner Turner said that he would agree that there was "double duty" with the two requirements, but preferred the vines to the anti-graffiti coating. Staff advised that the condition was added because there is already existing graffiti on the walls. Adding vines would prevent the owner from having to continually deal with maintaining the walls. Mr. Morrissey said that the intent of the applicant having a manager on site was to protect the graffiti from occurring. If it has occurred already, then that is unfortunate, but it is something that an onsite manager can take care of, along with the coating. The vines do not prohibit the graffiti but may lessen the amount of area available for graffiti. Commissioner Beadling asked if the vines could stick to coated walls. Staff advised that vines are attaching vines and they can grow on glass. Mr. Morrissey questioned Condition 30, which has the permit becoming null and void in 2005. The applicant asked what will happen at that time, and staff advised that the applicant would have to apply for a permit renewal through the city. Mr. Morrissey asked if the County's conditions held with the city now that the city is incorporated. Ms. Lind advised that this body is meeting as the Planning Commission for the City of Temecula. Commissioner Turner said that he would be amenable to extending that condition to 2015. Staff advised that Condition 29 should be left as is, as it will take time for vines to grow. Commissioner Turner agreed. No one else wished to comment. The hearing was closed at 5:36 p.m. FINDINGS AND CONCLUSIONS: Conditional Use Permit No. 2980, I~eVised Permit No. 1, Planning Correction No. 1, is an application to add a second story to Building "B" of a previously approved miniSwarehouse; the site currently supports an existing mini-warehouse; the site is zoned C-l/C-P; surrounding zoning includes C-l/C-P, R-2 and R-3; the site is located within SWAP; the land use designation is residential (16 DU/acre}; environmental concerns include potential erosion, aesthetics, impacts to public services and traffic; there is a reasonable probability that the project will be consistent with the General Plan proposal being studied or which will be studied within a reasonable time; 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 General Plan; and, the project complied with all other applicable requirements of State law and local ordinances. The proposal is compatible with area development; is consistent with the C-1/C-P zone; and, will not have a significant effect on the environment. e4C)TION: Upon motion by Commissioner Turner, seconded by Con~issioner Wolf, and unanimously carried, the Commission adopted the Negative Declaration for EA 34398 and approved Conditional Use Permit No. 2980, Revised No. 1, Planning Correction No. 1, subject to the conditions of approval as amended this date and based on the above listed findings and conclusions. Zoning Area: Temecula Supervisorial District: E.A. Number: 34398 Regional Team No.: 5 One CONDITIONAL USE PERMIT No. 2980, Revised Permit ~1, Planning Correction tl Planning Commission: 6-6-90 Agenda Item No.: 5-1 RIVERSIDE COUNTY PLANNING DEPARTMENT STAFF REPORT 1. Applicant: 2. Engineer/Rep.: 3. Type of Request: 4. Locati on: 5. Existing Zoning: 6. Surrounding Zoning: 7. Site Characteristics: 8. Area Characteristics: 9. Co.nprehensive General Plan: 11. Agency Recommendations: 12. Letters: Linkletter Keith Companies Addition of second story to Building "B" of mini-warehouse complex Terminus of Lyndie Lane C-1/C-P C-l/C-P, R-3, R-2 Existing mini-warehouse Residential, shopping center, office complex, apartment complex, vacant SWAP Land Use: Residential Density: 8-16 DU/Acre Open Space/Cons: See Letters Dated: Transportati on: Health: Flood: Fire: Area Not Designated 11-15-89 11-3-89 11-14-89 11-3-89 Building & Safety - Grading: Building & Safety - Land Use Opposing/Supporting: 11-16-89 12-7-89 None Received ANALYSIS: PROJECT DESCRIPTION Conditional Use Permit No. 2980, Revised Permit No. 1, Planning Correction rio. 1 is an application to add a second story to Building "B" of a mini-warehouse complex. The original mini-warehouse complex was approved under CUP 2980. The project is located at the terminus of Lyndie Lane in the City of Temecula. LARD USE AND ZONING The current land use on the site is a mini-warehouse, with a proposed office and apartment complex directly to the east. To the north and west is a vacant parcel and Just beyond is an apartment complex situated on a hill overlooking the project. To the south is a shopping center. Zoning on the site is C-1/C-P with R-2 to the north and west, R-3 to the east and C-1/C-P to the south. CONDITIONAL USE PEPMIT No. 2980, Rev. Permit #1 Planntng Correction #1 Staff Report Page 2 GENERAL PLAN The project is located within the Southwest Community Area Plan. The land use designation is residential at 8-16 dwelling units per acre. However, the site is occupied by an existing mini-warehouse. The project site was approved with Change of Zone No. 5176 prior to adoption of SWAP. Adjacent to the project are commercial uses to the south and proposed Offices to the east. Therefore, the project is determined to be compatible with area development. ENVIRONHENTAL ASSESSMENT The initial study conducted for Environmental Assessment No. 34398 indicated possible negative impacts and hazards associated with the project to be; potential for erosion, aesthetics, and impacts to public services and traffic. However, all of these concerns can be adequately mitigated to a level of insignificance through the conditions of approval at development stage. FINDINGS Conditional Use Permit No. 2980, Revised Permit No. 1, Planning Correction No. 1 is an application to add a second story to Building "B" of a previously approved mini-warehouse. 2. The site currently supports an existing mini-warehouse. 3. The site is zoned C-1/C-P. Surrounding zoning includes C-l/C-P, R-2 and R-3. 41 The site is located within SWAP. The land use designation is residential 16-DU/Acre. 5. Environmental concerns include potential erosion, aesthetics, impacts to public services and traffic. There is a reasonable probability that the project will be consistent with the General Plan proposal being studied or which will be studied within a reas onabl e time. 7. There ts little or no probability of substantial detriment to or interference with the future adopted ral plan if the project is B. The project complies with all other applicable requirements of State law and local ordinances. CONDITIONAL USE PERNIT No. 2980, Rev. Permitll Planning Correction ~1 Staff Report Page 3 CONCLUSIONS: 1. The proposal is ccrnpatible with area development. 2. The proposed project is consistent with the C-1/C-P zone. 3. The project will not have a significant effect on the environment. RECOe~ENDATIONS: ADOPTION of the Negative Declaration for Environmental Assessment No. 34398 based on the findings that the proposed project will not have a significant effect on the environment; and APPROVAL of CONDITIONAL USE PERHIT No. 2980, Revised Permit No. 1, Planning Correction No. 1 based on the findings and conclusions found within the staff report and subject to the attached conditions of approval. JHR:jg 5/24/90 I Cu 2980 I LAND USE APTS APT; 44,~RG~ . .GRADED PTS ~./'APTS / APTS sc~oo~ VA d VAC VAC ~ HILLS " ' TS . . ,': :~:.. :. ;~ ~ :~ ', " ~, ~ ' '~ ',VAC ' '~ " ~ J GRAD · ~4!0..~NG MALIm "' ~At ~ APTS ee o · ~PTS ~. ~E KEITH'COMPANIES ' LOCATIONAL MA~ t ~ U~ ~NI-STORAGE ~ R~CHO ~IF~NIA Sup.Dist.l~T ~., '~. I T. BS,~3W ~or's Bk. 921 ~. 31 ~culatbn YNEZ RD.--SP ROAD-- VAR. ~t RANCHO GALI~NIA RD. --ART.-- 110' 1C'L./'2980 RIm RIIII C-1/C-P I I/' RIll I EXISTING ZONING 13 R-2-Cj, O00 C-1/C-P A-2-20 ~ - RIII~3 ~ , eee .- App. THE KEITH COMPANIES Use MINI-STOrAGE Area RANCHO CALIFORNIA SuD.Dist. IST Sec. I T.8$.R. 3W A~ssor.'$ Bk. 921 Pg. 31 Circultion YNEZ RD. --SP ROAD-- VAR. ~t RANCHO CALIFORNIA RD. --ART.-- 110' 1'- 400' RIVERSIDE COUNTY PLANNJNG O~'PARTMENT I CP - SWAP ~ ' AC M~tN ""h 1/2 - o. tl pt '\ COMMUNITY . _~p lm~O App. THE KEITH COMPANIES , ~ Use MINI-STORAGE , 'Area RANCHO CALIFORNIA Sup.Dist.lST Sec. I T. 8S.R. 3W Assessor's Bk. 921 Pg. 31 Circulation YNEZ RD. --SP ROAD-- VAR. Element RANCHO CALIF-ORNIA RD. --ART.-- 110' _ RcL Bk. Pg. 56ADate 5/16/90 Drawn By 1'- 2000' RIVERSIDE COUNTY PLANNING DEPARTMENT 4,,OO ATIO NAI, MAP ¢ ( .. c { I , { ., { eel ,-_<,_ I ;I RIVERSIDE COUNTY PEANNING DEPARTMENT CONDITIONS OF APPROVAL Linkletter Properties 765 Baker Street Costa Mesa, CA 92626 CONDITIONAL USE PERMIT NO. 2980 Revised Permit No. 1, Planning Correcti on No. 1 Project Description: Addition of second story to Building "B" of mini-warehouse Assessor's Parcel No.: 921-310-008 District/Area: Temecula The use hereby permitted is for a mini-warehouse located within Assessor's Parcel Number 921-310-008. 2. The pe~nittee 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 :~980, REVISED PERMIT NO.l, PLANNING CORRECTION NO. 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. 3. 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 ap roval within the two (2} year period which is thereafter dil igent~y pursued to completi on, 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, Planning Correction 1, or as amended by these conall ti ons. 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 c~nply with street improvement requirements outlined in the County Transportation Department 's letter dated 11-15-89, a copy of which is attached. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department's transmittal dated 11-3-89, a copy of which is attached. CONDITIONAL USE PERMIT 2~980, Revised Permit No. 1 Planning Correction No. 1 Conditions of Approval Page 2 11. 12. 13. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated 11-14-89, a copy of which is attached. Fire protection shall be provided in accordance with the appropriate section of Ordinance No. 546 and the County Fire Warden's transmittal dated 11-3-89, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Department of Building and Safety - Land Use Section's transmittal dated 12-7-89, a copy of which is attached. The applicant shall conply with the reconmendations set forth in the Department of Building and Safety - Grading Section's transmittal dated 11-16-89, a copy of which is attached. All landscaped areas shall be planted in accordance with approved landscape, irrigation, and shading plans prior to the issuance of occupancy permits. The landscaping shall include installation of attaching vines to the exterior of walls and buildings. The vines shall be planted not more than ten {10} feet on center to prevent the application of graffiti. An automatic sprinkler system sJmall be installed and all landscaped areas shall be maintained in a viable growth condition. Planting within ten (10} feet of an entry or exit driveway shall not be permitted to grow higher than thirty (30} inches. Prior to the final occupancy permit of Building "B", the applicant shall submit to the Planning Department a substantial conformance letter from the project's Licensed Landscape Architect stating that the project was constructed per the approved Landscape Plan Package. Upon Planning and Building Depar)ent site reviews and approvals, all Landscape Bonds shall be released. A minimum of Seven (7) parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 348. Seven {7} parking spaces shall be provided as shown on the Approved Exhibit A, Planning Correction No. 1. The parking area shall be surfaced with asphaltic concrete paving to a minimum depth of 3 inches on 4 inches of Class II base. A minimum of one(l) handicapped parking s aces shall be provided as shown on Exhibit A, Planning Correction No. 1. ~ach 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. CONDITIONAL USE PERMIT 2980, Revised Permit No. 1 Planning Correction No, 1 Conditions of Approval Page 3 The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches fr~n the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous lace, at each entrance to the off-street parking facility, not less t~an 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 Vlace shall have a surface identification sign duplicating the symbo of accessibility in blue paint of at least 3 square feet in size. Prior to the issuance of building permits, the applicant shall obtain clearance and/or permits frcrn the following agencies: Transportation Department Fire Depar~ent Riverside County Flood Control Written evidence of ccrnpllance shall be presented to the Land Use Division of the Department of Building and Safety. If signage is desired, a separate plot plan shall be submitted for the Planning Department's review and approval. Building elevations shall be in substantial conformance with that shown on Exhibit B. Floorplans shall be in substantial conformance with that shown on Exhibit Roof-mounted equipment shall be shielded from ground view. material shall be subject to Planning Department approval. Screening Two trash enclosures which are adequate to enclose a total of two bins shall be centrally located within the project, and shall be constructed prior to the issuance of occupancy permits. Each enclosure shall be six feet in height and shall be made with masonry block and a gate which screens the bins from external view. All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. CONDITIONAL USE PERMIT 2980, Revised Permit No. 1 Planning Correction No. 1 Conditions of Approval Page 4 24. 25. 26. 27. 28. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655 and the Riverside County Comprehensive General Plan. All existing structures on the subject property shall conform to all the applicable requirements of Ordinance 348. Prior to the issuance of building permits, performance securities, in amounts to be determined by the Director of Building and Safety to ouarantee the installation of planrings, walls, and fences in accordance ~ith the approved plan, and adequate maintenance of the planting for one year, shall be filed with the Department of Building and SaFety. Prior to the issuance of occupancy permits, all required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Director of Building and Safety. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. All utilities, except electrical lines rated 33kv or g~,eater, shall be installed underground. 29. Prior to the final building inspection approval by the Building and Safety Department a six foot high decorative block wall shall be constructed along the entire perimeter of the project excluding where building walls substitute for required wall as shown on Exhibit A, Planning Correction rio. 1. The exterior side of all perimeter masonry walls and building sides {if used in place of portions of walls) shall he coated with a protective coating that will facilitate the removal of graffiti. The required wall shall be subject to the approval of the Director of the Department of Building and Safety and the Planning Director. 30. This approval shall become null and void on June 6, ~Q~ 2015. {Amended per P.C. 6-6-90}. Prior to any use allowed by this plot plan, the applicant shall obtain clearance from the Department of Building and Safety - Land Use Section that the uses found on the subject property are in conformance with Ordinance No. 348. 1e All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. JHR:jg 5/24/90 OFFICE OF ROAD COMMISSIONER & COUNTY SURVEYOR LeRo', D Smoot RO&D C0',t',t!5510\E~ & COL',Ti S, November 15, 1989 Riverside County Planning Commission 4080 Lemon Street Riverside, CA 92501 Re: (Mini Warehouse) CU 2980 - Revision #1 Team 5 - SMD #9 Parcel 1 of PM 23687 AP #111-111-111-9 Ladies and Gentlemen: With respect referenced item, recommendations: to the conditions of the Road Department approval for the above has the following Prior to issuance of a building permit or any use allowed by this permit, the applicant shall complete the following conditions at no cost to any government agency: ~ 1. Provide evidence of legal access. 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 $5,390.00 towards mitigating traffic impacts for signal require- ments. This amount represents 3.08 acres x $1,750.00 per gross acre = $5,390.00. Prior to occupancy or any use allowed by this permit, the applicant shall construct the following at no cost to any government agency: Lyndie Lane (from Parcel 1, PM 135/40-41, to Rancho California Road shall be improved with 40 feet of asphalt concrete paving (20 feet north of the centerline of Lyndie Lane and the remaining 20 feet south of said centerline) match up asphalt concrete paving; reconstruction; or resurfacing of existing paving as determined by the Road Commissioner within the existing dedicated right of way in accordance with County Standard No. 104, Section A. (interim section)· COUNTY ADMINISTRATPJ CENTER ,, 4080 LEMON STREET · RJVERS1DE, CALIFOILNLA 92501 CU 2980 - Revision #1 November 15, 1989 Page 2 10. All driveways shall conform County Standards and shall improvement plans. to the applicable Riverside be shown on the street Asphaltic emulsion (fog seal) shall be applied not less than fourteen days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section 37, 39 and 94 of the State Standard Specifications. The street design and improvement concept of this project shall be coordinated with P/P 874-X. 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 LAYCO for annexation into or creation of a "Lighting Assessment District" in accordance with Governmental Code Section 56000. A striping plan is required for Lyndie Lane and Rancho California Road. The removal of the existing striping shall be the responsibility of applicant. Traffic signing and striping shall be done by County for~es with all incurred costs borne by the applicant. The applicant shall provide offsite road improvements along the north side of Rancho California Road from Lyndie Lane westerly to match the existing full width paving in accordance with County Standard No. 100. (no curb and gutter required, asphalt concrete dikes may be required for drainage control). This is necessary for highway safety due to additional traffic entering Rancho California Road at this location. Any landscaping within public road rights of way shall comply with Road Department standards and require approval by the Road Con~nissioner 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 ~ such landscaping, irrigation and related facilities as are to be placed within the public road rights-of-way. CU 2980 - Revision #1 November 15, 1989 Page 3 11. n J: jw Should this project lie within any assessment/benefit district; the applicant shall prior to recordation make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are deferred to building permit. Ve.ry truly yours, . t ~L---~son Technical Eng. Unit Supervisor County of Riverside RIVERSIDE COUNTY PLAN~ING DEPT. TO: DATE: November 3, 1989 ATTN: Jo FROM: ~iTi[~I~NE~'/"'~NVIRONMENTAL HEALTH SPECIALIST IV RE: CONDITIONAL USE PERMIT 2980, REVISED NO..2' 3- The Environmental Health Services has reviewed Conditional Use Pcrmi~ 2980, Revised No. 2 and has no objections. Sanitary sewer and water scrvicc5 aru available in this area. Prior to any building plan submittals, "will-~cr\'u" letters from the water and sewerlag agencies will be required. SM:tac NOV - 8 1989 RIVERSIDE COUNTY PLANNING D~PARTMENT RIVERSIDE CCU~jl y PD' ']N!r4G DEPA~!'A.:~I~T 6EN FUR.M 4. (Rev KENNETH L EDWAF~DS 1995 MARKET S'~EE' P O BOx 1033 TE~,Em~HO~E 714 787-2C'5 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RIVERSIDE. CALIFORNIA 925C2 Riverside County Planning Department County Administrative Center Riverside, California Attention: Regional.._Team N . 2 Re: PlannerS,/~,~ We have reviewed this case and have the following comments: Except for nuisance nature local runoff which may traverse portions of the property the project is considered free from ordinary storm flood hazard. However, a storm of unusual magnitude could cause some damage. New construc- tion should comply with all applicable ordinances. The topography of the area consists of well defined ridges and natural water- courses which traverse the property. There is adequate area outside of the natural watercourses for building sites. The natural watercourses should be kept free of buildings and obstructions in order to maintain the natural drainage patterns of the area and to prevent flood damage to new buildings. A note should be placed on an environmental constraint sheet stating, "All new buildings shall be floodproofed by elevating the finished floors a minimum of 18 inches above adjacent ground surface. Erosion protection shall be provided for mobile home supports." This project is in the Area drainage plan fees shall be paid in accordance with the applicable riles and regulations. The proposed zoning is consistent with existing flood hazards. Some flood control facilities or floodproofing may be required to fully develop to the implied density. y///lhe District's report dated (~7-/~'-f~>2' is still current for this project. The District does not object to the proposed minor change. This project is a part of free of ordinary storm flood hazard when improvements ~avJhbeee~r°ject will be constructed in accordance with approved plans. The attached comments apply. Very truly yours, KASHUBA <~ t~Senior Civil Engineer DATE: / /'~ KENNL"T'H L,. [DWA/~DS CHI[F ENGINrrR liigg MAWK['I' P 0 BOX Tr~.EPHONE: (7141 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT September 15, 1988 Riverside County Planning Department County Administrativ~ Center Riverside, California Attention: Regional Team No. 1 Patti Nahill Ladies and Gentlemen: Re: Conditional Use Permit No. 2980 Amended No. 3 This is a proposal to construct a mini-warehouse in the Temecula Valley area. The site is between Ynez Road and Moraga Road about 600 feet north of Rancho California Road. Our review indicates that the northwest corner of the property is within the Long Canyon Wash 100 year flood plain. The applicant proposes to leave this area natural. According to the applicant, the onsite flows would be collected and conveyed with the interi- or driveways to the Long Canyon Wash. The Board of Supervisors has adopted the r.lurrieta Cr~eek/Temecula Valley Area Drainage Plan for the purpose of collecting drainage fees. Those fees are used to construct needed flood control facilities within the particular area. The Area Drainage Plan fees apply to new land divisions and are normally not required of other types of new development. Virtually all new development causes increased storm runoff. These increases are particularly troublesome in those watersheds where an Area Drainage Plan has been adopted. In order to miti- gate the downstream impacts brought about by increased runoff, the District recommends that Conditional Use Cases, Plot Plans and Public Use Cases be required to pay a flood mitigation charge. Mitigation charges, where appropriate, will be similar to the current Area Drainage Plan fee rate. Following are the District's recommendations: A flood mitigation charge shall be paid· The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The new development in this case includes a total of 3.08 acres. At the current fee rate of $932 per acre, the mitigation charge equals $2,871. The charge is payable to the Flood Control District prior to issuance of permits. If Area Drainage Plan fees or mitigation charges have already been paid on this property in conjunction with an earlier land division or land use case, the developer should con- tact the District to ascertain what charges are actually due. -2- September 15, 1935 Riverside County Planning Department Re: Conditional Use Permit No. 2980 Amended No. 3 The area within the Long Canyon Wash 100 year flood plain should be kept free from buildings and obstructions. Erosion protections should be provided for all the fill slopes which are subject to potential erosion hazards. A portion of the proposed project is in a floodplain and may affect "waters of the United States"~ "wetlands" or "jurisdictional streambeds", therefore, in accordance with the requirements of the National Flood Insurance Program and Related Regulations (44 CFR, Parts 59 through 73) and County Ordinance No. 458: a. A copy of appropriate correspondence and necessary permits from those government agencies from which approval is required by Federal or State law (such as Corps of Engineers 404 permit or Department of Fish and Game 1603 agreement) should be provided to the District prior to the final District approval cf the project. 5. A copy of the improvement plans and grading plans along with supporting hydrologic and hydraulic calculations should be submitted to the District for review and ap- proval prior to the issuance of grading or building permits. QuestioAs concerning this matter may be referred to Robert Chiang of this office at 714/787-2333. Very truly yours, co: JMG & Associates KENNETH L. EDWARDS , RC:pln Pl~nninS & Engineering Office 46-209 Ouis SWeet. Suite 405 lndio, CA 92201 (639) ~42-8886 P,,I'v'ERSIDF COUNTY FIP-JE: DEPARTM[,NT IN COOPERATION WITH THE - CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PF~OTECTION GLEN J. NE!~'IAN }~RE CHIEF 11-3-89 tIT O~ ~ PL'nmnS & LnSineerins O~ce 4080/~mon SU'eet, Sui~:e ] 1L Riverside, CA 92501 (714) 787-6606 TO: ATTN: RE: PLANNING DEPARTMENT PATTI NAHILL CONDITIONAL USE 2980 - REVISED #2' ~ With respect to the conditions of approval regarding the above referenced plot plan, the Fire Department reconmends 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. 2. Provide or show there exists a water system capable of delivering 2500 GPM for a 2 hour duration at 20 PSI residual operating presJure, 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"x2tx2t), 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 flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." Install a complete fire sprinkler system in all buildings requiring a fire flow of 1500 GPM or greater. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s)· A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans· Subject: conditional Use 2980 Page 2 7. Install a supervised waterflow fire alarm system as required by the Uniform Building Code. 8. Certain designated areas will be required to be maintained as fire lanes. 9. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact a certified extinguisher company for proper placement of equipment. 10. Gate to have keypad entry with emergency power back-up. Code will be assigned prior to final for Fire Department's access. 1i. Prior to the issuance of building permits, the developer shall deposit with the Riverside County Fire Department, a check or money order equaling the sum of 25C per square foot as mitigation for fire protection impacts. This amount must be submitted separately from the plan check review fee. 12. Final conditions will be addressed when building plans are reviewed in the Building and Safety Office. All questions regarding the meaning of conditions shall be referred to the Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner By Wes Alston, Deputy Fir~Marshal area Aclministrative Oenter · 1777 AUanta Avenue Riverside, OA 92507 December 7, 1989 Riverside County Planning Department Attention: J. Rostow County Administrative Center 4080 Lemon Street Riverside, CA 92501 RE: Conditional Use ,2980, Revised :1 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. Prior to the issuance of building permits, written clearance is required from the following: ~ ° Temecula Valley Unified School District Prior to the issuance of building permits, the applicant shall conform with an approved floor plan indicating the maximum number of tenants allowed. Each space shall be labeled with a number or a letter. If approved elevations are required from the Planning Department the approved plans must be submitted to the Land Use Division concurrently with submittal of structural plans for review. Prior to acceptance of structural plans for Building and Safety review, one complete set of approved conditions from Planning Department must be attached. Prior to issuance of building permits, proposed lighting must be in conformance with Mount Palomar Lighting Plan, Zone B, per Ordinance 655. Administration (714)682-8840 · (714)787-2020 Planning Department CU 2980, Re~i:.ed ~1 December 7, 1989 Page 2 Performance Securities Bond for maintenance of landscaping may be required. Consult your Conditions of Approval. Very~.t~ly yours, o t L~' a e s ~~ b~~'~'~ Senior Land Use Technician /sn TO: FROM: DATE: RE: C~LANNING/J.R. ~ WENDY NICHOLSON November 16, 1989 CUP 2980 COUNTY OF RIVERSIDE BUILDING AND SAFETY DEPARTMENT GRADING SECTION pLANNING DEPAR'~ M~N']' The information provided on this project did not include a conceptual gradin~ plan. However, sufficient information was supplied for us to recc==end approval with the following conditions. Prior to commencing any grading in excess of 50 cubic yards, the applicant shall obtain a grading permit and approval to construct frcn the Building and Safety Department. NOTE: For the final grading plan, please provide the applicable infcr~aticn from Building and Safety Department grading forms: 284-120,284-21,284-~6, and 284-46. Thank you. REOUIRED PROPERTY OWNERS. NOTIFICATION INFORMATION APPLICATIONS FOR: PARCEL MAPS TRACTS ZONE CHANGES CONDITIONAL USE PERMITS PUBLIC USE P~RMITS W1ND ENERGY CONVERSION SYSTEM 18.30 PLOT PLANS r. eOu.r,n~ Env~ro..me~;. Al,.tessments ev~uttdamny.COmme,c~a In0uStr~81) VARIANCES ~MPORA~Y USE PERMITS The follOwtrig items will be reQu,fld It the ttme o~ tiding 04 the el)Ore r~Oted Case IDOhClt~ons 1. 'P~NO .denft..It packages to be mienloci m wparlte eta" X 12h" ~njl envejoNs TNse enveloNs shah ~notclle 1no =ase numNr ind the ~rO ~NIs.'ln~ IMH contim the foll~mg: I. One ~ Ht of gum~d iNI$ ~n~t~ ill tN PrON~ ~ne~ '~meS Ind the raiding 8Odre~es th8~ are ~ ,~,~ a ~t mdaus ~ me e=ten~ ~ their DrONNO ~o~ ~s I~t Ihlll N i~e~l~ne~ from the IiS~ eQual,zoo MH~ment roll .) A ~t~y ~ t~ IforemenhoNd C.ON iNt for the ID~nt ~Ner. One/Ni for the ~er. e. FO~ ~ND DIVISION CASES ONLY :An 8~" X 1 r' mOu~,~ 2 F~r ~H~ ~ti ~ gum~ iNli ~ the I~l:~nL ~r ,e~inNr ,l~a rl~llentlhve w~th t~r mining leatosses mclude OuDIi~le Rti ~ere i~lant In0 ~r,etc.lre the B~ The. Ihou~ ~lDle~ to the outs,Oe ~ ~e ~ t~ i~e ~ni~ envies ment~ee m ,era I I~ve wdt not preNre ~ ~ffi~ t~ DrOH~y ~r hit (m ~ffidation fo~ ~1~) 4 On I CODy Of your e~hs~it ~ tentlt~ mid Ih~ ill N~els wffhen 3~teet On the mad .Dfml the nlmes Of Ill D'O~y owno's wdhm 3~feet I$ t~y Ire hlt~ On the gum~ The Ibove noted mfOrmlt,On ely be obts:ned by contectmg I tille :nsurlnce COmDIny en the R~vers;oe Coun',y Iret PROPERTY OWNERS CERTIFICA]ION purlulnt tO IDDtt. lftOn reQulrementl furnelh~l by the RiverltOe County plnmng DeDl~ment SIt0 hit st I CoreDlore I~ true COmDdlhOn Of ~ner ~ the subject DrON~y IM iII Other Dryly ~e~ wdhm 3~ feet ~ the OrO~rty mvoIveo m the tiOn In0 ~1 MMa u~n tM Stilt eaull~e0 IlMMment rolls I fU~r Ce~ tMt the i~orNtion fi~O ~ t~ IM c~e~ to IN NIt ~ my k~e. I une~tln0 t~t ~Orrect Or err o~eous ~fOrNt~ ~y N grounN f~ ~ion Or Nn~l ~ the Ip~ghOn. NAME: . ;be_ Keith _Companies, TITLE/REGISTRATION: .J~.m. ~occissey, SenioE.Pl_a_n~.er 6296 River Crest Drive S~:e. K ADDRESS: - - RivecsZde, Ca 92507 714-653-0234 IN'lONE: .... EIGNATUFIE: '~~__~C~' ' '..'ql,~' .a, ~.~__ _ DATE: ........ .lSe~-Sp~ CASE RIVERSIDE COUNTY PLANNING DEPARTMENT COUNTY ADMINISTRATIVE CENTER, NINTH FLOOR 4080 LEMON STREET RIVERSIDE, CALIFORNIA 92501-3657 Joseph A. Richards, Planning Director A I~UBLIC HEARING has been scheduled before the PLANNING COMMISSION to consider the application(s) described below. The Planning Depar~ent has tentatively found that the proposed project{s} will have no significant environmental effect and has tentatively completed negative declaration(s). The Planning Commission will consider whether or not to adopt the negative declaration along with the proposed project at this hearing. Place of Hearing: Board Ro~, 14th F1 oor, 4080 Lemon Street, Riverside, CA Date of Hearing: WEDNESDAY, JUNE 6, 1990 The time of hearing is indicated with each application listed below. Any person may submit written c~nments to the Planning Department before the hearing or may appear and be heard in support of or opposition to the adoption of the negative declaration and/or approval of this project at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. The environmental finding along with the proposed project application may be viewed at the public information counter Monday through Friday from 9:00 a.n. unt~ 4:00 p.m. CONDITIONAL USE PERMIT 2980, REVISED 1, EA 34398, is an application submitted by Linkletter Partners for property located in the Temecula Area and First Supervisorial District and generally described as being at the terminus of Lyndie Lane and made pursuant to Ordinance No. 348, Riverside County Land Use Ordinance which proposes an additional level on building "B" of CUP 298C (mini-warehouse). (jR) TIME OF HEARING: 2:00 P.M. L~)re P.O. Box 125 Temecula, Ca 92390 oak Tree Associates c/o Hyder & Co. 7315 Highway 101 No. 2A Solana Beach, Ca 92075 McDavell Elon F 6501 Crista Palma Dr. Huntington Bch Ca 92647 lar & Associates ~ ~ Prospect La Jolla, Ca 92118 First Baptist Church Rancho California 42101 Moraga Road Rancho California Ca 92390 Steve grown The ~ ..... ~h Companies ~ 6296 River Crest Drive Suite K Riverside, Ca 92507 Rancho Commercial Center 29400 Rancho California Rd. Rancho California Ca 92390 Radnor Landgrant Rancho California Town Center c/o Landgrant Develop. Inv. 12625 High Bluff Dr. #212 San Diego, Ca 92130 Temecula Union School District 41951 Moraga Road Temecula, Ca 92390 Linkletter Rc Partners 748 W. Baker Street Costa Mesa, Ca 92626 :IiVE:L DE county. 'PLanturK; E RCmEnC ENVIRONMENTAL ASSESSMENT FORM: ENVIRONMENTAL ASSESSMENT (EA) NUMBER: ,'~ ~ % (~ ~ PROJECT CASE TYPE(S) AND NUMBERS(s): ~_ (~ fo APPUCANT'S NAME: /~ ;rA ~a NAME OF PERSON(s) PREPARING E,at: t t I. PROJECT INFORMATION STANDARD EVALUATION MODULE NUMBER(S): ~<~ R~q. /')rv~ I 7~O~j/(',.r-- DESCRIPTION (include propolwd minimum lot ~ize Ind ~ u Ippllcable): B. TOTAL PROJECT AREA: ACRES C. ASSESSOR'S PARCEL NO.(s): 9;/- =J/c"b- D. EXISTING ZONING: /q '~j ~'-//(5-/a E. PROPOSED Z(;)NING: F. STREET REFERENCES: A/O/'L-h~.v,,/-~ 57' o-'~ IS THE PROPOSAL IN CONFORMANCE? ,~ IS THE PROPOSAL IN CONFORMANCE? G, He SECTION, TOWNSHIP, RANGE DESCRIPTION OR ATTACH A LEGAL DESCRIPTION: BRIEF DESCRIPTION OF THE EXISTING ENVIRONMENTAL SETTING OF THE PROJECT SITE AND ITS SURROUNDINGS :,;.::;--..,,,,,:/. ,,.-,,,,., ,,,,, ,,..,,,,,,.,, IL COMPREHENSIVE GENERAL PLAN OPEN MACE AND CONSERVATION DESIGNATION Check the &opropriate option(s) below end Ixoc;3d Icco4'dingly. E;} All or pad of the project site is in "Adopted Sl:)ecific Plans," "REMAP' or "Rancho Villages Community Policy Areas". Complete Sections III, IV (B end C only), V end VI. [3' All or part of the project site is in "Areas Not Designated Is Open Space". Complete Sections III, IV (A, B end D only), V end Vl. I""i All or pad of the project lite hl~ In Open Sl~ce Ind Cortlervation clelignation other than those mentioned above. Complete .,~ections III, IV (A, B, end E only), V end %/I. III. ENVIRONMENTAL HAZARDS AND RESOURCES ASSESSMENT Indicate the nature of the proposed land u~e as determined from the deec~ption8 as found in Cornfxehenslve General Plan Figure %/1.3 (Circle One). This information is nacegary to determine the appropriate lend u~e suitability ratings in Section III.B. Cdtk~ Elleltial Noffnal-High Risk ~l-Low Risk Indicate wtth a yes (Y) or no (N) whether any anvtronmental hlz. lrd end/or relource ilmjel rnly significantly effect or be affected by Ihe propolal. NI ribrancid figure= ire conlNned in the C~ eeneal PIin. Fo~ Iny illue marked yes (Y) write ~ddlti~nal d~te~ur~ncie~nmJ~ted~find~r~fact~:~nymitig~tk:mrn~under~1~nV. Aleo, whee indicated, HAZARDS 1. N NQuist-Priolo Special Studies or County Fault 12. Hazard Zones (Fig. %/1.1 ) NA PS U R (Fig. VI.3) LiQuefaction Potential Zone (Fig. VIA ) NA S PS U R (Fig. VI.4) Groundshaking Zone (Fig V1.1 ) ~ NA S PS U R (Fig. V1.5) Slopes (Riv. Co. 800 Scale Slope Maps) 15. Landslide Risk Zone (Riv. Co. 800 Scale Seismic Maps or On-Nte Inspection) 16. _.)Z NA S PS U R (Fig. VI.6) Rockfall Hazard (On-site Inspection) 17. Expansive Soils (U.S.DA. Soil 18. ~ Conservation Service Soil Surveys) 19. __ Erosion (U.S.D.A. Soil Conservation 20. Service Soil Surveys) 21. Wind Ersosion & Blowsand (Fig. %/1.1, ;;: :~ Oral. 460, Sac. 14.2 & Ord. 484) Dam Inundation Area (Fig. %/1.7) 24. A/ Floodplains (Fig. %/1.7) 25. NA U R 7. H 9-/%/ 10._.N_N 11. (Fig. %/1.8) Airpod No~e (Fig. 11.18.5, 11,18.11 & %/I.12 & 1984 AiCUZ Report, M,A.F.B.) NA A B C D (Fig, VI. 11 ) Railroad Noise (Fig. V1.13 - V1.16) NA A B C D (Fig, VI.11 ) Highway Noise (Fig. VI.17 - VI.29) NA A B C D (Fig, VI.11 ) NA A B C D (Fig, VI.11 ) Project Generated Noise Affecting Noise Sensitive Uses (Fig. VI. 11 ) Noise ,Sef~altive Project (Fig. VI.11 ) Air Quality Irr~cts From Project Project Sensitive to Air Quality Water Quality Impacts From Project Project Sensitive to Water Quality Hazardous Materials and Wastes RESOURCES ;76~ Agriculture (F~. V1.34- V1,15) 32,_~ In or Nee en AghCulturll Preserve 3,3. (Riv. Co. Agricultural Lend Converterion 34./V Contract wt. me Fig. W.36- .3n Vegetation (Fig. VI,38 - VI.40) __ Mineral Resources (Fig. VI.41 - VI.42) 36. 31. N Energy Resource= (Fig. VI.43 - VI.44) 37. Scenic Highways (Fig. VI.45) Historic Resources (Fig. VI.32 - VI.33) Archaeological Resources (Fig. VI.32 - %/1.33 & %/I.46- VI.46) lalleontoloeicll Resources (Paleontological Resources Map) Other Other Definitions for Land Use Suitability and Noise Acceptability Ratings NA - Not Applicable S - Generally Suitable PS - Provisionally Suitable U - Generally Unsuitable R - Restricted A - Generllly Acceptable B - Condittcmally Acceptable C - Generally Unacceptable D - Land Use Discouraged e IV. LAND U~E DETERMINATION A. Complete this part unless the project is located in "Adopted Specific Plans", 'REMAP" or "Rancho Villages Community Policy Areas." 1. OPEN SPACE AND CONSERVATION MAP DESIGNATION(s): 2. LAND USE PLANNING AREA: 3. SUSARF. FANV: 4. COMMUNITY POUCY AREA, IF ANY: COMMUNITY PLAN, IF ANY: <~'o COMMUNITY PLAN DESIGNATION(s), IF ANY: -'F-/C deS,:- elr 0 .<g For all projects, inidcate with a yes (Y) or no (N) whether any public facilities and/or services issues may significantly affect or be affected by the proposal. All referenced figures are contained in the Comprehensive General Ran. For any issue marked yes (Y), write data sources, agencies consuited, findings of fact, and mitigat~ures under Section V. PUBUC FACILJTIES AND SERVICES 7- ,,/ 8 '~ 9. Circulation (Fig. IV.1-IV. 11. Discuss in Sec. V Existing, Planned & Required Roads) Bike Trails (Fig. N. 12 - IV. 13) Water (Agency Letters) Sewer (Ageqcy Letters) Fire Service~ (F~}. WAS - N.18) Sheriff ~ (F'~g N.17 - N. 18) Schoote (Fig. N.17 - N.18) Solid Weste (Fig. N.17 - N.18) Perks and Regeetion (F~g. N.19 - N.20) Equestr~n Trails (Fig. IV. 19 - IV.24/ Riv. Co. 800 Scale Equestrian Trail Maps) Utilities (Fig. IV25- N26) Ll:twies(Fig. N.17 - N. 18) Heelth Sefvice~ (Fig. IV.17- IV.18) Airports (Fig. 11.18.2-11.18.4, 11.18~ - 11.18.10 & N27 - IV~36) 15,___~ DlaasterPmparednees 16. ~/CitySpheceoflnfiuence 17. Ol~r Ce If il or pert of the project is ~clld in "Adopted Specific Plans", "FIEMAr or "Rancho Villlges Community Policy Areis", review in detail the Ipecffic policiel ipplying to the I~(~,l~lll, Ind complete lhe tollowlng: 1. Stata the relevsnt land use deNgrltion(s): 2. Baeed on this initll etudy, i ~e ~ cormiste~qt with the poticies and dasignationa of the eppropriate document. m~l therefore consistent wtffi the Coml:eher~ive General Ran? ff not, explain: LAND USE DETERMINA'rlON (continued) ff all or Dart of the project site is in "Areas not Designated as Open S0ace", end is not in a Community Ran, complete questions 1, 2, 3, 6 and 7. Complete questions 4, 5, 6 and 7 if it is in a Community Ran. Current land use categoryties) for the site based on existing conditions. Also indicate land use (i.e. residential, commercial, etc.) ("'z'i"/'e~,D/~ 3. If D.1 differs from D.2, will the difference be reeoived 8t the da~al:21:x,w.~t stage? Explain: 4. Community Ran designation(s): 5. Is the prop<xed project consistent with the policies and ~ations of the Community Plan? ff not explain: y~'~,<; 6. Is the proposal compatible with exiting and proposed surrounding land uses? ff not, explain: 7. Based on this initial study, is the propotsal consistent with the Comprehensive General Ran? ff not, reference by Section 8ncl Issue Number those issues identifying inconsistencies: 7~ E. ff all or part of the project site is in 8n Open Space end Conmervation designation, complete the following: 1. Slate the designation(s): 2. Is the propeeal consistent with the designation(s)? ff not, explain: e Based on this initial study, is the prc~l conN~ent with the Comprehensive General Plan? ff not, reference by Section and Issue Number thoee le4ues identifying inconsistencies: V. INFORMATION SOURCES, FINDINGS OF FACT AND MITIGATION MEASURES A. ADDITIONAL INFORMATION REQUIRED BEFORE ENVIRONMENTAL ASSESSMENT CAN BE COMPLETED: DATE DATE ADEQUACY SECTION/ INFORMATION INFORMATION INFORMATION ~TIO~ ISSUE NO. _' REQUIRED REQUESTED RECEIVED (YES/NO,DATE) For each issue marked yes (Y) under Sections III.B and W.B, iderttlfy the Section and il~ue number and do the following, in the format as shown below: 1. List all additional relevant data sources, including Igertcles cortmjIted. 2. State all findings of fad regarding enviro~qmental concerns. 3. State specific mitigation measures, if idenile without requiring an anvirOrtmentN impact repod (E.I.R.) 4. ff additional information is recluired before the anvironrnental assessment can be completed, refer to Subsection A. 5. If sdditional sheets are needed to complete this ~-'tion, check the box at the arid of the section and attach the necessary sheets. SECTION/ ISS4JE NO. SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MIT,~ATION MEASURES: V. INFORMATION SOURCI~S, FINDINGS OF FACT AND MITIGATION MEASURES (continue) SECTION/ ISSUE NO. nT, SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MITIGATION MEASURES: I ~ V~. - / / VI. ENVIRONMENTAL IMPACT DETERMINATION: [] The project will not have a significant effect on the environment and · Negative Declaration may be prepared. '~/T~e)project could have a significant effect on the environment; however, thee will not be a significant effect in this case becaule the mitigltion measures described in Section V have been applied to the project and a Negative Declarltion may be prepared. (or) [] The project ~ may have a q3nificant effect on the environment and an Environmental Impact Report Nlma .- I)8te: JC'/ V. INFO RMATIOM SOURCES, fiNDINGS OF FACT A~ HITIGATION MEASURES (continued) SECTION/ ISSUE NO. ~f~-/ SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MITIGATION MEASURES: /~~ ?~ '0 "~""' ~' ~7~'6~ :~:' c, ~ FEE:' ! / f"7'D ,s~"mW, E::S ,~ I). SUBICei~IUIIC[:. xovu~to D mmxooux r'-'l /iIT'L I.;T$; NEGiI'I,T!~:. kse Fee: Ibmbar of Acres hnd~r of Lots Mdfttoml kNs El Fee (lisa) CASE FEE IR[AK ~ ,--. .- -: IiVE=I. iDE-coun .v R. Annin6 DEPAq'G;En ._ P,..: , IIPPLICATION FOR LAND IISE lIND DEVELOPMENT 1LEMONST.,~THFLOOR 46-209 OASIS ST., ROOM 304 27403 YNEZ RD., SUITE 212 ,vERSIDE, CA 92501 " -INDIO, CA 92201 RANCHOCALIFORNIA, CA 92390 14 (714) 676-7730 ~'/} 787.6181 .. (619) 342-8277 r"JSPECIFIC PLANS GENERAL PLAN AMENDMENTS TEAMS 1, 2, 4, 5 INDIO OFFICE TEAM 3 , (714) 787-6356 (714) 787-6183 (714) 787-1363 or 787-1373 (619) 342-8277 .. 'REFUND OF FEES Vheneve~ an application is terminated, upon request of the applicant a refund of fees paid may be made by fie Planning Department in iocordance with the Refund Policy Statement adopted by the Board of Supervisors. If any portion of the ap~ication fee has been paid out by ~e Planning Department to another jurisdiction or agency for services to be rendered in connection with the application, no refund of that ,artion of the fee shall be made by the Planning Department to the applicant until bhe other jurisdiction or agency authorizes the Planning )epartmem to refund that portion of lt~se fees. The Planning Department shall retain a processing fee of $60.00 from the total amount to be _dundeal. lOrd. 348). further certify that the application filed is true and correct to the best of my knowledge. I understand that incorrect or erroneous informmion ~ay be grounds for ~jc~-tjon, denial, or delay of the application. :~SENO, F:""P I 000026d E : CEiMPAr~IE~ ~2'~5 RIVER CF'EST RIUF~BI[;E ~r's 92'~-~~ ~SI ~ ~O~SS ~. ~A~ ~P .INKLETTER, PARTNERS 7~5 BAKER R~ERSIDE CA 92626 ~~A~ t ~ ~. ~A~ aP ~DD ADDITIONAL STOREY TO BUILDING 8 ERMINUS OF LYNDIE LANE KE:ITH OF CUP 2980 !""'" "'"' ~ :. --- · COMMENT/MISCELLANEOUS .,COMPANIES .' . AMOUNT PAID $ 698.00 coun .u-i t. nnin6 Dii lal/nc_ F-' :APPLICATION FOR LAND USE ltND DEVELOPMENT '.~1'~ LEMON ST 9TH FLOOR 46-209 OASIS ST., ROOM 304 27403 YNEZ RD., SUITE 212 RSIDE, CA '~,?.501 INDIO, CA 92201 FIANCHO CALIFORNIA, CA 92390 . 4) 787-6181 " '" .'(619) 342-8277 (714) 676-7730 SPECIFIC PLANS - GENERAL PLAN AMENDMENTS TEAMS 1, 2, 4, 5 INDIO OFFICE TEAM 3 (714) 787-6356 (714) 787-6183 (714) 787-1363 or 787-1373 (619) 342-8277 ."- ' FIEFUND OF FEES ~/henever an application is terminated, upon request of the applicant a refund of fees paid may be made by the Planning Department in tccordance with the Refund Policy Statement adopted by the Board of Supervisors. If any portion of the application fee has been paid out by qe Planning Department to another jurisdiction or agency for services to be rendered in connection with the application, no refund of that olion of ff~ fee shall be made by the Planning Department to the applicant until the other jurisdiction or agency authorizes the Planning )el}arm ,-: ',o refund that portion of those fees. The Planning Department shall retain a processing fee of $60.00 from the total amount to be elunded. lord. 348). further certify that Ihe application filed is tTue and correct to the best of my knowledge. I understand that incorrect or error~ous information nay be grounds for rejection, denial, or delay of the application. ,'NAME ......... ~alEER/;EP~NTATTVE NAME " i 000026P CrrY, STATE, Z~P ~,'296 Rl,lEp r-~::c.~ ,~lLIc'pc'~r.r' Ffl :NU I RONMENTAL ASSESSMENT FOR REU I SED 'ERM I NUS OF LYND I E LANE KEITH CUP 2980 B. PROJECT IN[ORMATION The purpose of this application is to amend previously approved CUP2980. This amendment proposed an increase in height for Building B only, from one (1) story to two (2) story. The other site factors, such as, architectural design and building to building separation will remain the same. It is also important to note that the number of parking spaces are not required to change, since parking is based upon the number of employees, not the square footage of the structure. The number of employees will not change from the number originally contemplated. The maximum height of Building B is 21'-4". 9878-C777-001 TE: October 24, 1989 :IiVE=i iDE COUnCu, PL, nninG DEP, ARClilEn TO: Assessor Building and Safety - Land Use Building and Safety -ISrading Surveyor - Ken Teich Road Department Health - Ralph Luchs Fire Protection Flood Control District Fish & Game U.S. Postal Service- Ruth E. Davidson U.S. Fish & Wildlife Services County Superintendent of Schools Eastern Muncipal Water District Rancho CAlifornia Water District Southern California Edison Southern California Gas General Telephone Cal Trans #8 Temecula Union School Districts Elsinore Union High Corm~issioner Turner San Bernardino Museum UCR Arch Unit Community P1 ans .~.. RECEIVED IN ARU 0 C T 3 0 1989 CONDITIONAL USE PERMIT 2980, REVISED NO. 2 - (Tm-5) - E.A. 34398 - The Keith Companies - Rancho California Area - First Supervisorial District - Terminus of Lyndie Lane - R-3 Zone - 8.27 Acres - REQUEST: Add additional story to Building B - Mod 119 - A.P. 921-310-008 Please review the case described above, along with the attached case map. A Land Division Committee meeting. has been tentatively scheduled for ~ovembe~ 16, 1989. If it clears, it will then go to public hearing. ; Your comments and recommendations are requested prior to November 16, 1989 in order that we may include them in the staff~'eport for this particular case. Should you have any questions ~egarding this.item, please do not hesitate to contact John Ristow at 787-1363. Planner DATE: /o/~/~/' SIGNATURE PLEASE print name and title COMMENTS: T'Re arr~ ~a~s 5urvc,~le°l EASTERN ;~rC~MATION CENTER A'chascrc~cs~ ~'=Sr;arCh Unit U~i'verShtY ~ Ca~t.jrnia mvers~a~ CA 9252~ ,~NOV 2 1989 ~ RIVERSIDE COUNTY pLANNiNG DEPARTMENT 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 46-209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 qATE: October 24, 1989 RiVER3iDE COUnC,u PL,&nninG DEP, ARCnlEn TO: Assessor Building and Safety - Land Use Building and Safety -~rading Surveyor - Ken Teich Road Department Heal th - Ralph Luchs Fire Protection Flood Control District Fish & Game U.S. Postal Service - Ruth E. Davidson U.S. Fish & Wildlife Services County Superintendent of Schools Eastern Muncipal Water District Rancho CAlifornia Water District Southern California Edison Southern California Gas General Telephone Cal Trans #8 Temecula Union School Districts Elsinore Union High Con~nissioner Turner San Bernardino Museum UCR Arch Unit Con~unity Plans elease review the case described N 0 V 8 1989 RNERSIDE COUNTY PLANNING DEPARTMENT CONDITIONAL USE PERMIT 2980, REVISED NO. 2 - (Tm-5) - E.A. 34398 - The Keith Companies - Rancho California Area - First Supervisorial District - Terminus of Lyndie Lane - R-3 Zone - 8.27 Acres - REQUEST: Add additional story to Building B - Hod 119 - A.P. 921-310-008 above, along with the attached case map. A Land 16, 1989. If it Division Committee meeting has been tentatively scheduled for November' clears it will then go to public hearing. Your comments and recommendations are requested prior to November 16, 1989 in order that we may include them in the staff-report for this particular case. Should you have any questions ~egarding this item, please do not hesitate to contact John Ristow at 787-1363. Planner COMMENTS: °t2--(-.--51o -oos-8 DATE: NOV 03 1989 SIGNATURE PLEASE print name and title c.,= ,,.,,*~ 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787'6181 46'209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 (619) 342'8277 OATE: 'October 24, 1989 TO: Assessor Building and Safety - Land Use Building and Safety-LGrading Surveyor - Ken Tei ch Road Department Health - Ralph Luchs Fire Protection Flood Control District Fish & Game U.S. Postal Service- Ruth E. Davidson U.S. Fish & Wildlife Services County Superintendent of Schools Eastern Muncipal Water District Rancho CAlifornia Water District Southern Cal i forni a Edi son Southern Cai ifornia Gas General Telephone Cal Trans #8 Temecula Union School Districts Elsinore Union High Commissioner Turner San Bernardino Museum UCR Arch Unit Community Plans ~ RiVE=I iDE COUn u, PL, nnin DEPa =l [nEn NOV 15 RIVERSIDE COUNTY pLANNtNG DEPARTMENT CONDITIONAL USE PERMIT 2980, REVISED NO. 2 - (Tm-5) - E.A. 34398 - The Keith Companies - Rancho California Area - First Supervisorial District - Terminus of Lyndie Lane - R-3 Zone - 8.27 Acres - REQUEST: Add additional story to Building B - Mod 119 - A.P. 921-310-008 Please review the case described above, along with the attached case map. A Land Division Committee meeting. has been tentatively scheduled for fiovemb,r 16, 1989. If it clears, it will then go to public hearing. : Your comments and recommendations are requested prior to November 16, 1989 in order that we may include them in the staff 'report for this particular case. Should you have any questions regarding this item, please do not hesitate to contact John Ristow at 787-1363. Planner COMMENTS: The project is located on the fossiliferous Pauba Formation. Excavation will impact nonrenewable paIeontologic resources. The developer must retain a qualified vertebrate paleontologist to develop a program to mitigate impacts to paleontologlc resources. This program should include: (1) monitoring of excavation by a qualified paleontologic monitor; {2) preparation of recovered specimens, including sediment processing for small vertebrate fossils; (3) curation of specimens Into an established repository; a(~ (4) a report of findings with complete specimen Inventory. ~ DATEq:I/1 ~/89 SIGNATURE ""x,j ~ Dr. Allan D. Griesemer, ,Museums Director 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 County of Riverside RIVERSIDE COUNTY PLANNING DEPT. DATE: November 3, 1989 FRO ONMENTAL HEALTH SPECIALIST IV RE: CONDITIONAL USE PERMIT 2980, REVISED NO. ~ 1 The Environmental Health Services has reviewed Conditional Use Permit 2980, Revised No. 2 and has no objections. Sanitary sewer and water services are available in this area. Prior to any buildinS plan submittals, "will-serve" letters from the water and sewerins aSencies will be required. SM:tac RIVERSIDE COUNTY PL/','INING DEPARTMENT GEN. FORM 4, (l~v, 8/87) Coura y of R xrex s de ~8 Keith Companies. 12-12-89 Jim Morrissey john Ristow t'Planner CUP 2980 Rev. I Planning Correction Revisions to Exhibit A 1. - Remove references to Substantial Conformances and show proposed location of wall. 2. - 100 yr flood plain-label & show boundary of flood plain. 3. - Show location and "typical" of drainage swale in order to provide a 5 ft. planter for screening trees along interior of northern wall. 4. - Label easement. 5. - Label or remove dashed line running through northwest section of project. 6. - Move 50 ft. wall south of Building F west 3 ft. to provide planter area on exterior of wall for landscape buffer. 7. - Provide adequate landscape buffer along eastern bound ry of project adjacent to residentialy zoned property, excluding east wall of Building F. 8. - Provide adequate den e landscaping along northern and northwestern project Bmndary to ~uffer and screen mini-warehouses from view of adjacent residenially zoned parcels. Landscape screen should include approved speciman trees that will achieve a size of 40-60 ft. at maturity. Landscaping should be located so as not to interfere with flood plain o) easement restrictions. g. - Label vacant northwest portion of project "not a part". 10. - Label Building B "2 story". 11. - Building A may be built to property line. 12. - Building F may be extended north to 5 ft. planter. 13. - Label surrounding zoning and uses. 14. - Landscaping and Irrigation plans showing number, location, genus, apd species shall be submitted for Planning Dept. approval. County of Riverside TO: Building and Safety - Temecula - Jim Miller FROM: Planning Department - John Ristow RE: CUP 2980 Revised Permit #1 DATE: June 20, 1990 The Riverside County Planning Commission approved CUP 2980 Revised Permit #1 Planning Correction #1 on June 6, 1990. A revised landscape plan has been required and prior to issuance of a building permit those plans must be submitted to the Planning Department~ior to issuance of occupancy permits the revised Landscape Plans must be approved by the Planning Department. JR:al GEN. FORM 4. IRev. $/871 ::IiV : iDE COUrl ,u PLAI'Irlii'IC DEPA::I !TI rI TO: Assessor Building and Safety Surveyor Road Department Health Fire Procectio~ Flood Control District Please review the attached A, cnded lla. p 8 for ~he above mentioned case. If you have any further comments.or recommendations ve request :hem prior co'~A~ ~, , in order that ve may include them in :he staff repor~ for this particular case. ~ Should you have any questions reEarding this i:e~, please do not hesitate to contact at 787- . C OMMENT S: S ZGI~AI'1JILE P~;~SX print name and ~t~le 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 46-209 OASIS STREET. ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 THE KEITH COMPANIES Inl;~nd EmD~rr, Inc 4 John Ristow Riverside Count~ Planning Department / 4080 Lemon Street 9th Floor DEC 08 ~8~ ~ Riverside, Ca 92501 Re: Release of Bond Dear Pamela, ~ RIV~'RS~DE CO ' i. ANNiNQ D,FtDA.~UTT~7~f.NT The insurance company for the owners of the Rancho California Town Center is holding a bond for the construction of a block wall along the northeasterly property line of the Town Center. The wall, owned by Linkletter RC Partners, was required if the adjoining property was to be developed residentially. Since it is to be developed commercially the wall is no longer required. (Please reference CUP 2980 and PP 10492). The slope between PP 10492 and the Town Center has been already landscaped. That portion between CUP 2980 and the Town Center is paved except for that portion of the site which is to be landscaped by Linkletter. This landscape areas is within their property ownership boundaries and will be completed as part of the conditions of the CUP. The County of Riverside acknowledges by the signature below that the foregoing information is correct. I hope this information is satisfactory. ~ If you have any questions, please do not hesitate to contact Jim Morrissey. Sincerely, THE KEITH COMPANIES - INLAND EMPIRE Representative(s) of the County of Riverside Planning Department Print Name and Position ~tu~re Print Name and Position ~J'~, E.,~ Cr.~ Dr.~ .~t.' K. N.m~.'. C4 92~07 (714) 6~3 0234 F~V (714) 6~3 WILLIAM H. PATRICK & ASSOCIATES · LANDSCAPE ARCHITECTURE 2t'~"3 RANDOLPH AVENLE, COSTA MESA, CAEIFORNIA 92626 (714) 546-1282 18 April 90 Mr. John Ristow County of Riverside Planning Department 4080 Lemon St. 9th Floor Riverside, CA 92501 Re: Linkletter Facility - Rancho California Dear Mr. Ristow, We feel that the planter areas located along the west the project are of sufficient size to accomodate the specified plant material. Please do not hesitate to call if you have any questions. Cordially WILLI ~RICK & ASSOCIATES Jeff Williams Project Manager side WILLIAM H. PATRICK · LANDSCAPE ARCHITECT STATE OF CALIFC~NIA---~0SINESS, TRANSPOeTATIC)N AND HOUSING AGENCY~ 'E{EPARTMENT OF TRANSPORTATION SAN ERNARDINO, CALIFORNIA 92402 . TDD (714) 3L1-4~09 October 31, 1989; k NOV - 3 B89, RIVERSIDE COUNTY PLANNING DEPARTMENT GEORGE DEUKN~EJIAN, Go~n~or Development Review 08-Riv-15-5.50 Your Reference: CUP 2980 Planning Department Attention John Ristow County of Riverside 4080 Lemon Street Riverside, CA 92501 Dear Mr. Ristow: Thank you for the opportunity to review the proposed Conditional Use Permit 2980, Revised No. 2 located north of Rancho California Road on Lyndie Lane near Rancho California. This proposal is somewhat removed from an existing state highway. not appear to have a significant effect on the highway system, consideration must be given to the cumulative effect of continued development in this area. Any measures necessary to mitigate the cumulative impact of traffic and drainage should be provided prior to or with development of this area. We have no specific comment on this proposal. If additional information is desired, please call Mr. Thomas J. Neville at (714) 383-4384. Very truly yours, ~. N. LEWANDOWSKI District Permits Engineer ITEM NO. 10 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department September 25, 1990 Plot Plan No. 11345 PREPARED BY: Charly Ray RECOMMENDAT ION: Staff recommends that the City Council approve Plot Plan No. 11345 based on the findings and subject to the Conditions of Approval contained in the attached County Staff Report dated April 23, 1990; and the added Condition of the City of Temecula Engineering Department. APPLICATION INFORMATION APPLICANT: Mr. Henry D. Testasecca REPRESENTATIVE: Same as above PROPOSAL: Request for approval to add 1,800 square feet of commercial retail shops to an existing commercial structure. Total area subsequent to addition equals 8, 197 square feet. LOCATION: South side of Main Street; approximately 200 feet west of Front Street. EXISTING ZONING: C-1 I General Commercial). SURROUNDING ZONING: North: C - 1 South: C - 1 East: C - 1 West: C - 1 EXISTING LAND USE: Commercial retail shops. STAFFRPT\PPl1345 1 SURROUNDING LAND USES: ENVIRONMENTAL CONCERNS: BACKGROUND: DISCUSSION: North: South: East: West: Commercial retail. Commercial/professional offices. Commercial retail. Commercial / residential hotel. Liquefaction potential. Date of original submittal to County of Riverside: June 30, 1990. Date of tentative approval by Riverside County Plannin9 Director: April 23, 1990. Date of transmittal to City of Temecula: May 7, 1990. The project is consistent with the Southwest Area Community Plan, meets the requirements of Ordinance 348, and is compatible with adjacent commercial land uses. Condition of Approval No. 29 requires compliance with recommended mitigation measures addressin9 liquefaction potential. FISCAL IMPACT: FEES TO BE COLLECTED: The processing of the application was completed by the County of Riverside. No development application fees are available to reimburse the City. Prior to issuance of building permit, $1,300. O0 is to be deposited with the Riverside County Road Department. This sum will be utilized for traffic impact mitigation purposes. Fee Calculation: No. of Acres 0.25 Gross Acres X 2,500 Fee $1,300. O0 CR:ks Attachments STAFFRPT\PP113 4 5 PLANNING DIRECTOR' S BEARING CASE SUMMARY DATE: 03-26-90 CASE NO. PLOT PLAN 11345, Amended No. 2 E.A. No. 34061 PROJECT DESCRIPTION AND LOCATION: An existing furniture store with an 1800 square foot addition south of Main St., and west of Front St., in the newly incorporated City of Temecula. AREA: Temecula SPHERE OF INFLUENCE: City of Temecula GENERAL PLAN: a. LAND USE: Category II, Commercial b. OPEN SPACE/CONS.: Areas Not Designated as Open Space. c. COMMUNITY POLICIES: Southwest Area Community Plan d. ADJACENT: Existing Commercial ZONING: a. SITE: C-1/C-P b. ADJACENT: C-1/C-P LAND USE/AREA DEVELOPMENT: a. SITE: Existing furniture store b. ADJACENT: Commercial, Residential MAJOR ISSUES: Liquefaction, Subsidence, 100 Year Floodplain, Wildlife Habitat (SKR), Historic Resources. RECOMMENDATION: ADOPTION of a Negative Declaration for E.A. 34061, and APPROVAL of PLOT PLAN No. 11345, Amended No. 2, based on the following: The proposal is consistent with the Comprehensive General Plan and Ordinance 348. 2. The proposal is compatible with area development Environmental concerns can be mitigated at the development stage through the conditions of approval. PLANNING DIRECTOR'S HEARING Continued from CASE SUMMARY P.C.: 03-26-90 DATE: 04-23-90 CASE NO. PLOT PLAN 11345, Amended No. 2 E.A. No. 34061 PROJECT DESCRIPTION AND LOCATION: An existing furniture store with an 1800 square foot addition south of Main St., and west of Front St., in the newly incorporated City of Temecula. AREA: Temecula SPHERE OF INFLUENCE: City of Temecula GENERAL PLAN: a. LAND USE: Category II, Commercial b. OPEN SPACE/CONS.: Areas Not Designated as Open Space. c. COMMUNITY POLICIES: Southwest Area Community Plan d. ADJACENT: Existing Commercial ZONING: a. SITE: C-1/C-P b. ADJACENT: C-1/C-P LAND USE/AREA DEVELOPMENT: a. SITE: Existing furniture store b. ADJACENT: Commercial, Residential MAJOR ISSUES: Liquefaction, Subsidence, 100 Year Floodplain, Wildlife Habitat (SKR), Historic Resources. RECOMMENDATION: ADOPTION of a Negative Declaration for E.A. 34061, and APPROVAL of PLOT PLAN No. 11345, Amended No. 2, based on the following: 1. The proposal is consistent with the Comprehensive General Plan and Ordinance 348. 2. The proposal is compatible with area development 3. Environmental concerns can be mitigated at the development stage through the conditions of approval. William Perry 28636 Front St. Temecula, CA 92390 RIVERSIDE COUNTY PLANNING DEPARTMENT CONDITIONS OF APPROVAL PLOT PLAN NO. 11345, Amended No. 2 Project Description: Existing furniture store and an 1800 square foot addition Assessor's Parcel No.: 922-045-019 District/Area: Temecula The use hereby permitted by this plot plan is for an existing furniture store and an 1800 square foot addition. 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 PLOT PLAN NO. 11345, Amended No. 2. The County of Riverside will promptly notify the permittee of any such claim, action, or proceeding against the County of Riverside and will cooperate fully in the defense. If the County fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the County of Riverside. This approval shall be used within two (2) years of approval date; otherwise it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The development of the premises shall conform substantially with that as shown on plot plan marked Exhibit A, Amended No. 2, 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's transmittal dated 12-04-89, a copy of which is attached. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department's transmittal dated 02-27-90, a copy of which is attached. PLOT PLAN NO. 11345, Amended No. 2 Conditions of Approval Page 2 10. 11. 12. 13. 14. 15. 16. 17. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated 01-24-90, a copy of which is attached. Fire protection shall be provided in accordance with the appropriate section of Ordinance No. 546 and the County Fire Warden's transmittal dated 11-03-89, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Department of Building and Safety - Land Use Section's transmittal dated 12-20-90, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Department of Building and Safety - Grading Section's transmittal dated 12-14-89, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Riverside County Geologist's transmittal dated 04-17-90, a copy of which is attached. All landscaped areas shall be planted in accordance with approved Landscape, Irrigation and Shading plans prior to the issuance of occupancy permits. An automatic sprinkler system shall be installed and all landscaped areas shall be maintained in a viable growth condition. Planting within ten (10) feet of an entry or exit driveway shall not be permitted to grow higher than thirty (30) inches. Prior to the issuance of 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. 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 incorporated check valves to prohibit low head drainage. A minimum of TEN (10) parking spaces shall be required in accordance with Section 18.12, Riverside County Ordinance No. 348. TEN (10) parking spaces shall be provided as shown on the Approved Exhibit A. The parking area shall be surfaced with asphaltic concrete paving to a minimum depth of 3 inches on 4 inches of Class II base. PLOT PLAN NO. 11345, Amended No. 2 Conditions of Approval Page 3 18. 19. 20. 21. A minimum of ONE (1) handicapped parking spaces shall be provided as shown on Exhibit A. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephoning " In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the symbol of accessibility in blue paint of at least 3 square feet in size. Prior to the issuance of building permits, the applicant shall obtain clearance and/or permits from the following agencies: Road Department Riverside County Flood Control Environmental Health Fire Department Building & Safety - Grading Written evidence of compliance shall be presented to the Land Use Division of the Department of Building and Safety. If additional signage is proposed other than that which is pre - existing to this approval, a separate plot plan accompanied by the appropriate fees as set forth in Ordinance No. 348 shall be submitted and approved by the Planning Department prior to sign installation. Materials used in the construction of all buildings shall be in substantial conformance with that shown on Exhibit M-1 (Materials Board) and Exhibit M-2 (Color Elevations). 22. Roof-mounted equipment shall be shielded from ground view. material shall be subject to Planning Department approval. Screening PLOT PLAN NO. 11345, Amended No. 2 Conditions of Approval Page 4 23. 24. 25. 26. 27. 28. 29. 30. 31. Prior to the final building inspection approval by the Building and Safety Department, a six foot high solid wood fence shall be constructed along the east, south, and west property lines. The required fence shall be subject to the approval of the Director of the Department of Building and Safety. A total of ONE (1) trash enclosure which is adequate to enclose a total of ONE (1) bin shall be located within the project, and shall be constructed prior to the issuance of occupancy permits. The enclosure shall be six feet in height and shall be made with masonry block and a gate which screens the bin from external view. Landscape screening shall be designed to be opaque up to a minimum height of six (6) feet at maturity. Landscaping plans shall incorporate the use of specimen canopy trees along streets and within the parking areas. All existing 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. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655 and the Riverside County Comprehensive General Plan. This project is located within a Subsidence Report Zone. Prior to issuance of any building permit by the Riverside County Department of Building and Safety, a geotechnical report shall be submitted for review and approval. This report shall be based upon, but not be limited to, the site specific seismic, geologic and geotechnical conditions incorporating an analysis of potential for subsidence or ground fissuring. Where hazard of subsidence or fissure development is determined to exist, appropriate mitigation measures must be demonstrated. Prior to the issuance of grading permits, the applicant shall comply with the provisions of Ordinance No. 663 by paying the fee required by 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 under the Habitat Conservation Plan as implemented by County ordinance or resolution. A total of FOUR (4) Class II bicycle racks shall be provided in convenient locations to facilitate bicycle access to the project area. PLOT PLAN NO. 11345, Amended No. 2 Conditions of Approval Page 5 32. 33. 34. 35. 36. 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. Prior to the issuance of occupancy permits, all required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Director of Building and Safety. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and in good working order. All utilities, except electrical lines rated 33kV or greater, shall be installed underground. Prior to any use allowed by this plot plan, the applicant shall obtain clearance from the Department of Building and Safety - Land Use Section that the uses found on the subject property are in conformance with Ordinance No. 348. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. JA:jsa 03-07-90 MEMORANDUM TO: FROM: DATE: SUBJECT: City C~uncil/City Manager Engineering Department September 18, 1990 Additional Conditions of Approval for Plot Plan No. 11345 ADD THE FOLLOWING CONDITION: Prior to Occupancy: Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated l assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. JM:ks STAFFRPT\PP113 4 5 TO: FROM: DATE: COUNTY OF RIVERSIDE BUILDING AND SAFETY DEPARTMENT GRADING SECTION PLANNING/J.A. WENDY PARFa~ December 14, 1989 11345 - ADDITION TO FURN. STORE AMENDED #2 The inform~tiCn provided on this project did not include a conceptual grading plan. However, sufficient information was supplied for us to recommend approval w~th the following conditions. ina~Yg e i o to construct from the B~ilding and Safety Department. County of Riverside TO: RIVERSIDE COUNTY PLANNNING DEPT. DATE: ATTN ~ J £ Adams FROM~rmental Health Specialist RE: PLOT PLANS N0. 11345 FEBRUARY 27, 1990 IV Enviormental Health Services is in reciept of the requested information concerning water and sewer. We therefore, no longer have any objections at this time. SM;srv MAR 1 19~u {~ RIVENSIDE COUNI Y PLANNING DEPARTMENT JanuarV 24, 1990 Riverside County Planning Department County Administrative Center Riverside, California Attention: Regional Tc~im No. 5 Jeff Adsroe Ladles and Ge:~tlem,~n: Plot Plan 11245 Amended No. 2 This is a proposal to construct a second story addition to a furniture start on 0.4C ~cres in the Temecula area. Th,: site is located south of Fibrin L-treet apDroxlmately 100 feet west Of Front Street. The entire site xs located within the 100 year flood plain of Murricta Creek. ?he ,.x~sting buildings are not adequately ele- vated and will probably suffer flood damage during large storms, The District dOL's not obj,-ct ~o the proposed adrJltion. ~;ew con- struction .qh.~uld co~plv ;-zlth ~-11 a.oDlicable ordinances. Questions cone~,rn~r~q thl s matter m~y be refer~-ed to Zully Smith of this offic~_ ~t '114/7~7-2704. V~-ry truly yours, J'Diil~ h, K.:"~'.;hU[~ '~ S,.nior CIvil L'.!gzn~.er OFFIC~ OF ROAD COMMISSIONER & COUNTY SURVEYOR ~~.~ AD AND SU~,VEY RODEPARTMENT - LeRoy D. Smoot ROAD COMMISSIONER & COUNT"/SURVEYOR December 4, 1989 COUNTY ADMINISTRATIVF CENTER MAIUNG ADDRESS P.O. BOX 1090 RIVEILSIDE, C~,LIFORNIA 92502 (714/787-6554 Riverside County Planning Commission 4080 Lemon Street Riverside, CA 92501 Re: (Furniture Store) Plot Plan 11345 - Amend #2 Team 5 - SMD #9 AP #111-111-111-9 Ladies and Gentlemen: With respect referenced item, recommendations: to the conditions of the Road Department approval for the above has the following Prior to issuance of a building permit or any use allowed by this permit, the applicant shall complete the following conditions at no cost to any government agency: No additional right of way shall be required on Main Street since adequate right of way exists. 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 $1,300.00 towards mitigating traffic impacts for signal require- ments. This amount represents acre = $1,300.00. 0.52 acres x $2,500.00 per gross Prior to occupancy or any use allowed by this permit, the applicant shall construct the following at no cost to any government agency: Main Street shall be improved with asphalt concrete dike located 20 feet from centerline and match up asphalt concrete paving; reconstruction; or resurfacing of existing paving as determined by the Road Commissioner within a 30 foot half width dedicated right of way in accordance with County Standard No. 104, Section B. COUNTY ADMINISTRATIVE CENTER * 4080 LEMON STREET * RIVERSIDE, CALIFORNIA 92501 Plot Plan 11345 - Amend #2 December 4, 1989 Page 2 10. 11. LJ: jw 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. 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. Drainage control shall be as per Ordinance 460, Section 11.1. All work done within County right of way shall have an encroachment permit. The single driveway shall conform to the applicable Riverside County Standards and shall be shown on the street improvement plans. All private and public entrances and/or intersections opposite this project shall be coordinated with this project and shown on the street improvement plans. 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. Should this project lie within any assessment/benefit district, the applicant shall prior to recordation make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are deferred to building permit. Planning & Engineering Office 46-209 Oasis Street Suite 405 indio, CA 92201 (619) 342-8886 RIVt I,LSII)I (¢)IINIY tlR! DIJ~AR I M!:N'I IN COOPEI~A1tON WIIH CALIFOf~NIA DEPARTMENT OF FORESTRY AND FIRE P~TEC11ON GLEN J. NEWMAN HR[ CHIEF 11-3-89 TO: PLANNING DEPARTMENT ATTN: PATTI NAHILL RE: PLOT PLAN 11345 - AMENDED #2 Planning & Engineering Offu:e 4080 l.~mon StriP, Suite 11L Rivesside, CA 92501 (714) 787-6606 With respect to the conditions of approval regarding the above referenced plot plan, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 546. Provide or show there exists a water system capable of delivering 1500 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. The required fire flow shall be available from a super fire hydrant (6"x4"x2~x2~), located not less than 25 ft. or more than 165 ft. from any portion of the building as measured along approved vehicular travelways. 4. Certain designated areas will be required to be maintained as fire lanes. 5. Install portable fire extinguishers with a minimum rating of 2A-iOBC. Contact certified extinguisher company for proper placement of equipment. 6. 2 hour separation wall will be required between existing and new construction or building must be retrofitted with complete fire extinguishing system. 7. Final conditions will be addressed when building plans are reviewed in Building and Safety. All questions regarding the meaning of the conditions shall be referred to the Fire Department Planning and Engineering staff· RAYMOND H. REGIS Chief Fire Department Planner By Laura Cabral, Fire Safety Specialist ml December 20, 1989 cl)epot, t,.e.t od < ui{ di.g a.d qc, det l Administrative Center · 1777 Atlanta Avenue Riverside, CA 92507 Riverside County Planning Department Attention: Jeff Adams County Administrative Center 4080 Lemon Street Riverside, CA 92501 RE: Plot Plan 11345, Exhibit A, Amended #2 Ladies and Gentlemen: The Land Use Division of the Department of Building and Safety has the following comments and conditions: If the proposed project is to be "phased," an approved exhibit indicating which structures and on-site improvements are required for each "phase" should be required. An additional plot plan or an approved exhibit for on-site signage will be required. Prior to the issuance of building permits, written clearance is required from the following: ° Temecula Valley Unified School District Prior to issuance of building permits, the applicant shall provide the Land Use Division with evidence of recordation of a Certificate of Parcel Merger. If approved elevations are required from the Planning Department the approved plans must be submitted to the Land Use Division concurrently with submittal of structural plans for review. Prior to acceptance of structural plans for Building and Safety review, one complete set of approved conditions from Planning Department must be attached. Prior to issuance of building permits, proposed lighting must be in conformance with Mount Palomar Lighting Plan, Zone B, per Ordinance 655. Administration (714) 682-8840 · (714) 787-2020 Planning Department PP 11345 December 20, 1989 Page 2 Performance Securities Bond for maintenance of landscaping may be required. Consult your Conditions of Approval. Ground fissure area - grading clearance required prior to issuance of building permit. yOUrS) Robert~ Senior Land Use Technician /sn April 17, 1990 =eiVE=l iDE counc,u PL,annin( DEP, A=IC~IEnC California Geo Tek, Inc. 42030 Avenida Alvarado, Suite A Temecula, CA 92390 Attention: James E. Lasater Bruce R. Lee SUBJECT: Liquefaction Hazard Project No. 8S3WRC-524 Plot Plan 11345 A.P.N.: 922-045-019 County Geologic Report No. 717 Temecula Area Gentlemen: We have reviewed the liquefaction aspects of your report entitled: "Subsidence Hazard Report Zone Evaluation, Proposed Commercial Construction, 42050 Main Street, Portion of Block 28, Rancho California, Riverside County, CA," dated September 29, 1989; and "Addendum to Subsidence Hazard Report Zone Evaluation, Proposed Residential Construction, 42050 Main Street, Rancho California, Riverside County, CA," dated December 19, 1989. This report determined that the liquefaction potential at the subject site is considered very low. Liquefaction mitigation measures are unnecessary for this site. It is our opinion that the report was prepared in a competent manner and satisfies the additional information requested under the California Environmental Quality Act review and the Riverside County Comprehensive General Plan. Final approval of the report is hereby given. SAK:bam cc: Very truly yours, RIVERSIDE COUNTY PLA/qNING EPARTb .I|T Joseph A. Ri~hards, Planx ng Dir ctor Henry Testasecca - Applicant Norm Lostbom - Building & Safety (2) Planning Team 5 - Jeff Adams 4080 LEMON STREET, 9TH FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 79733 COUNTRY CLUB DRIVE, SUITE E BERMUDA DUNES, CALIFORNIA 92201 (619) 342-8277 , LOCATION':'-""~ff~t'~ RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 11345 TO PERMIT CONSTRUCTION OF 1,800 SQUARE FEET OF COMMERCIAL RETAIL SHOPS, SOUTH SIDE OF MAIN STREET, APPROXIMATELY 200 FEET WEST OF FRONT STREET I"THE EMPORIUM"). WHEREAS, Mr. Henry D. Testasecca filed Plot Plan No. 11345 in accordance with the Riverside County Land Use, Zonin9, Plannin9 and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Plot Plan application was processed in the time and manner prescribed by State and local law; WHEREAS, the Riverside County Planning Director considered said Plot Plan on April 23, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Director's hearing, the Director recommended approval of said Plot Plan; WHEREAS, the City Council conducted a public hearing pertaining to said Plot Plan on September 25, 1990, at which time interested persons had opportunity to testify either in support or opposition to said Plot Plan; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Plot Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. the following findings: Findings. That the Temecula City Council hereby makes A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty ~30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: STAFFRPT\PPl1345 1 ~1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: {a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being c~nsidered or studied or which will be studied within a reasonable time. (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. ~c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, I hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Plot Plan is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The City is proceeding in a timely fashion with a preparation of the general plan. (2) The City Council finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: There is reasonable probability that Plot Plan No. 11345 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. STAFFRPT\PPl1345 2 !b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. Ic) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. Pursuant to Section 18.30(c), no plot plan may be approved unless the following findings can be made: ( 1 ) The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. (2) The overall development of the land is designed for the protection of the public health, safety and general welfare; conforms to the logical development of the land and is compatible with the present and future logical development of the surroundin9 property. E. As conditioned pursuant to SECTION 3, the Plot Plan proposed conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. SECTION 2. Environmental Compliance. project will Declaration, An Initial Study prepared for this project indicates that the proposed not have a significant impact on the environment, and a Negative therefore, is hereby 9ranted. SECTION 3. Conditions. That the City of Temecula City Council hereby approves Plot Plan No. 11345 for the operation and construction of commercial retail shops located on the south side of Main Street, approximately 200 feet west of Front Street subject to the following conditions: A. Exhibit A, attached hereto. SECTION 4. The City Clerk shall certify the adoption of this Resolution. STAFFRPT\PPl1345 3 PASSED, APPROVED AND ADOPTED this 25th day of September, 1990. 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 25th day of September, 1990 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS JUNE GREEK CITY CLERK APPLICANT'S ACKNOWLEDGMENT I have read, understand and accept the conditions for approval set forth herein above in this Resolution of approval for Plot Plan No. DATED: By Name Title STAFFRPT\ PP113 4 5 ITEM NO. 11 CHARLES M. CALDERON* RITA J. TAYLOR PETER M. THORSON* STEVEN J. DAWSON LAW OFFICES BURKE, WILLIAMS & SORENSEN ONE WiLSHt~E BUILDING 624 SOUTH GRAND AVENUE. IITM FLOOR LOS ANGELES, CALIFORNIA 90017 (213) ~36-O600 1805) 987-3468 PLAZA September 11, 1990 OF COUNSEL DWIGHT A. NEWELL WRITER'S DIRECT DiAL 213-236-2821 OUR FtLE NO, 02351-006 The Mayor and Members of the City Council City of Temecula 43172 Business Park Drive Temecula, California 92390 Re: Stephens Kangaroo Rat Section 10(a) Permit First Amendment to Agency Agreement/California Endangered Species Permit Dear Honorable Mayor and City Council: Attached are two additional documents which require your approval in order for the City of Temecula to participate in the federal and state programs to provide habitat protection for the endangered Stephens Kangaroo Rat ("SKR"). The first is an application for a federal permit for incidental take, pursuant to section 10(a) of the federal Endangered Species Act. This permit, upon approval by the U.S. Fish and Wildlife Service, will constitute a grant of federal authority for any incidental "take" of habitat or the SKR. The second is a FIRST AMENDMENT TO AGENCY AGREEMENT CALIFORNIA ENDANGERED SPECIES PERMIT. This document is the state counterpart of the federal section 10(a) permit. It replaces an earlier document, a Memorandum of Understanding ("MOU"). It is necessary because the California Department of Fish and Game insisted on technical changes in the MOU. The Mayor and Members of the City Council September 11, 1990 Page 2 Should the Council approve the FIRST counterpart copies should be executed. AMENDMENT, two As the City Attorney has previously explained, your action on these documents is exempt from CEQA, as an Environmental Impact Report has already been prepared. Should you have any questions I would be pleased to try to answer them. Very truly yours, · YOUNG, JR.U for BURKE, WILLIAMS & SORENSEN Eric. cc: David F. Dixon, City Manager Scott F. Field, City Attorney rcy/LTR09112 Direthor, U.S. Fish and Wildlife Service Office of Management Authority P.O. Box 27329, Central Station Washington, D.C. 20038-7329 Call (202) 343-4955 for help or information. DEPARTMENT OF THE INTERIOR U.S. IriSH AXD3IILDLIF[ $[1~1C[ FEDERAL FISH AND WILDLIFE UC[NSE/"PERMIT APPLICATION City of Temecula 43172 Business Park Drive Temecula, CA 92390 4 c -a;m_.fA*,- .S a,., ,~.: . D.a.. CO',,,;.E"'E T,.,( , -E,~xT . w( G,,.T ;a'( "g 8 G-. C;.:.a .a P :;.;in (tgS N/A 5 .::A*" :.~. ,.-,T..=..c Pe*';_'c-Lr: .*:T...~v '5 T: 6F. Western Riverside Co~ulty "~,keP'Omt OP [XPOPT i.,aCgNSE 8R,E~ r'gS"P,mT,::)~r OF AC?kVlTy irOR II/N.C~q RrE;.dlrSTLr; i,;CE~e,$E: Oe PEI;%,., T ~$ hagBED. ENDANGERED/THKEATL~ED SPECIES XX Take (Section 10(A)) Import Export Municipal Government ETC. Ronald J. Parks Mayor C~RI~I~ATIQe% th~diCATE ~.TATIr ,h N/A I ,F Pg:%,.PF," iv aNT STATE s 25.00 as ~ssible two years SEE REVERSE C[ITIFICATIOM HEREBY CERTIFY T~AT I NAVE READ AND Am FAMILIAR wiTIf THE REG4JLAT1ON$ CONTAINED IN TITLE SO. PART 13. OF TI4E CODE OF FEDERAL RE~jLATION$ AN; TI'eE OTHER APPLICABLE PARTS iN $~JBCIqAPTER 8 OF OIAPTER I OF TITLE .~. LN0 I FURTHER CERTIFY THAT THE INFOR. · ATION SUBMITTED im THiS APPLICATIDN FOR i LICENSE PERmiT l$ COMPLETE AND ACC~It, ATE TO ThE BEST OF mY KNOWLEDGE AND KLIEF. ~.DERSTAND ThAT ANT FALSE STATE·ENT HFREiN SAT SUBJECT mE TO TME (::RillNil.. PE)eALTIE$ OF |1 U.$.C. 1801. ?, * Applican~ listed in 3 above or principal officer listed in 5 above must sign. COHPLETE THE 8. ENDANGERED OR THREATEXED WILDLIFE & PLANTS FOLLOWING: Species: Dipodomys Stephensi, Stephens' Kangaroo Rat - (scientific and comon names) b. Quantity: d. Identifying features of wildlife c. Birth ~ate and sex of wildlife: (e.g., tattoo ~, ISIS #, scars, etc.): e. Name and address of party from whom wildlife or plant will be obtained: At time of application, wildlife or piant {i) is still ~n the wild ; {ii} has been removed from the wild ; or {iii) was born in captivity or artificially propagated . Prov"T~e country and specific location of wild origin or captive propagation: ,aTTaCH g, T~E POLLO6'IrlG I?IPO~,ATIOU OU'PLAIN WHITE PAPER: See attached docaaments and cover letter. removal from the wild (i.e., the use of specimens r t captivity or produced in captivity, etc.). Name and ac~ress of institution Or facility where wildlife or p. lant will be used, displayed or maintained. A statement justifying the permit including: 1) purpose. objectives, whether Similar w~rk has alreaCy been done, an~ methods (attach research prOpOsals, if appropriate), 2) resume of the technical expertise of the pe,SonS COnOuCttng the activities, and 3) planned disposition of specimens upon temination of activities. Copies of contracts and agreements that identify duration of activities and persons involved in the activities for which the permit is sought. Will funding be available for the completion of the proposeC activity? COPy Of any foreign, state or other Federal pennies required. (Note: If species is listed on AbDen~iz I o{ CITES. and you plan to export a specimen, send a copy (Or evidence of issuance) of the CITES import Oe-~it issued by the Hanagement Authority of the Country to which you plan to export it; this is not requlree ~Or specimens that qualify under CITES criteria as Ore-Convention, Captive-bred or Artificially PropagateO.) 1. If live wildlife or plants to be covered by the permit are to be held in captivity: Give a complete description, including phOtOgraphS and/or diagrams, of the area and facilities wlnere wildlife or plant will be held and/or maintained in captivity and describe arrangements for care ~uring transportation and maintenance, if applicable. 2. ~esume of persons who wtll Care for ltve specimens including any experience they have had in raising, caring fo-. A,~ ........ ~-~ similar wildlife or plants. 3. List mc-~ ; your activities with these or similar species in the last 2 years· 4. Indicate your ~l~ngqess to participate in a cooperative breeding or propagation program or to contribute data to a studbook, if applicable. 5. If born in captivity or artificially propagated outside your facility, provide certification of such from breeder or propagator. If the planned activity includes import or e=port and the species are listed under CITES, describe the type, size and COnStruction Of any shipping Containers and the arrange~nts for watering an~ otherwise caring for the wildlife or plants during transportation· FIRST AMENDMENT TO AGENCY AGREEMENT CALIFORNIA ENDANGERED SPECIES PERMIT THIS FIRST AMENDMENT TO AGENCY AGREEMENT/CALIFORNIA ENDANGERED SPECIES PERMIT ("First Amendment") is entered into by and among the CALIFORNIA DEPARTMENT OF FISH AND GAME (the "Department"), the COUNTY OF RIVERSIDE (the "County"), the CITIES OF HEMET, LAKE ELSINORE, MORENO VALLEY, PERRIS, RIVERSIDE AND TEMECULA ("Cities") and the RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY (the "JPA"). RECITALS WHEREAS, the Department, the County, the JPA and the CITIES OF HEMET, LAKE ELSINORE, MORENO VALLEY, PERRIS AND RIVERSIDE have entered into that certain AGENCY AGREEMENT/CALIFORNIA ENDANGERED SPECIES PERMIT ("Agency Agreement") dated for reference purposes as of September 4, 1990; WHEREAS, the Department, the County, the JPA and the CITIES OF HEMET, LAKE ELSINORE, MORENO VALLEY, PERRIS, RIVERSIDE AND TEMECULA desire to amend the Agency Agreement to include the CITY OF TEMECULA as a party; NOW, THEREFORE, for and in consideration of the foregoing recitals and mutual covenants and undertakings provided herein, and other considerations, the parties agree as follows: 1. The Agency Agreement is hereby amended to add the CITY OF TEMECULA as a party. 2. This First Amendment shall become effective as of the date fully executed by all of the parties hereto. 3. The terms and conditions of the Agency Agreement not expressly amended by this First Amendment shall continue in full force and effect. IN WIT~ESS WHEREOF, the parties have executed this First Amendment to the Agency Agreement as of the date or dates set forth below. Dated: ATTEST: CALIFORNIA DEPARTMENT OF FISH AND GAME By: Dated: ATTEST: Clerk of the Board Dated: ATTEST: City Clerk Dated: ATTEST: City Clerk Dated: ATTEST: COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors CITY OF HEMET By: Mayor CITY OF LAKE ELSINORE By: Mayor CITY OF MORENO VALLEY City Clerk Dated: ATTEST: City Clerk (Signature page continued) - 2 - Mayor CITY OF PERRIS By: Mayor Dated: ATTEST: City Clerk Dated: ATTEST: City Clerk Dated: ATTEST: Clerk of the Board CITY OF RIVERSIDE By: Mayor CITY OF TEMECULA By: Mayor RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY By: Chairman of the Boar<] - 3 - AGENCY AGREEMENT CALIFORNIA ENDANGERED SPECIES PERMIT THIS AGENCY AGREEMENT ("Agreement") dated for reference purposes only as of September 04, 1990, is entered into by and between the CALIFORNIA DEPARTMENT OF FISH & GAME (the "Department"), the COUNTY OF RIVERSIDE (the "County"), the CITY OF HEMET, CITY OFLAKEELSINORE, CITY OF PERRIS, CITY OFNORENOV~LnEY AND the CITY OF RIVERSIDE (individually "City" and collectively the "Cities"), and the RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY (the "JPA") with reference to the following: RECITALS: WHEREAS, the Stephens' Kangaroo Rat ("SKR") is listed as a threatened species by the Department and the Department has recommended changing its status to endangered; and WHEREAS, the United States Fish & Wildlife Service (the "Service") has listed the SKR as an endangered species effective October 31, 1988; and WHEREAS, the County and Cities have submitted to the Service a Short-Term Habitat Conservation Plan for the SKR (the "Short-Term HCP") and have entered into, with the Service and JPA, an Implementation Agreement (the "Implementation Agreement") in connection with an application for a Section 10(a) Permit (the "Section 10(a) Permit") which would allow the incidental taking of the SKR and its habitat within the HCP fee area (as described in the Short-Term HCP) subject to certain limitations and conditions as set forth in the Short-Term HCP and the Implementation Agreement; and WHRREAS, The County and Cities desire to obtain a permit from the Department to allow the taking of SKR and its habitat within the HCP fee area in accordance with the terms and conditions set forth in the Short-Term HCP, the Implementation Agreement and this Agency Agreement and Permit; and WHEREAS, Section 2081 of the Fish and Game Code authorizes the Department, through permits or memorandums of understanding to authorize individuals and public agencies to take any endangered species, threatened species or candidate species for scientific, educational or management purposes; and NOW THEREFORE, for and in consideration of the foregoing recitals and the mutual covenants and undertakings provided herein, and other considerations, the parties hereto agree as follows: 1. The Department hereby grants to the County and the Cities a permit authorizing the taking of the SKR and its habitat within the HCP fee area in accordance with and subject to the terms and conditions set forth in the Short-Term HCP and Implementation Agreement subject to the following modifications and conditions: A. The County and the Cities signatory to this Agreement, acting through the JPA will acquire off-site mitigation lands, protect such lands and provide for the long-term operation and maintenance of such mitigation habitat on an acre-by-acre basis. The permittees acting through the JPA will acquire and 2 protect an acre of mitigation land for each acre of habitat occupied by SKR populations. "Occupied habitat" shall be that habitat as identified in the report Assessment of PoPulation and Habitat Status (O'Farrell & Uptain) as modified by the Service's approved field surveys. B. This non-exclusive Agency Agreement and Permit shall be effective for two (2) years; however, in the event the signatories or their agents have not, in the judgement of the Department, fulfilled the terms of the Short-Term HCP and the Implementation Agreement as modified, the Department shall have the ability, after the end of the first six month reporting period to suspend or revoke this Agency Agreement and permit pursuant to the provision of Section 1.L. hereof. In such event, the Department shall, at its option, reassign, revise, review or retain the permit authority. C. The Department shall have a right of first refusal on all mitigation lands acquired or conveyed by the JPA within the San Jacinto Wildlife study area. Lands shall be offered under this paragraph at no cost to the Department and all lands shall be offered in fee to be conveyed to the Department through the wildlife Conservation Board. The JPA shall reserve a portion of the ten percent (10%) O&M set aside for lands scheduled to be conveyed to the Department in the San Jacinto Study Area. At such time as the JPA transfers land to the Department pursuant to this paragraph, it shall also convey to it a portion of the ten percent (10%) operation and maintenance set-aside fund. The amount shall 3 be the percentage represented by acres conveyed to the Department divided by 4,400 or the amount of acres purchased, whichever is greater under the Short-Term HCP. D. Parties acknowledge that the California Endangered Species Act (CESA) has no provisions for "incidental take" as defined in federal law. For the purposes of this Agreement, all permit actions resulting in "incidental take" as provided for in both the Short-Term HCP and Implementation Agreement shall be evaluated consistent with the management objectives of the CESA. E. "Acquired" as replacement habitat shall mean for this Agreement any one of the following: (1) Ownership by the JPA, or its designee of a fee interest in occupied SKR habitat. Such interest shall be contingency-free and free of liens or mortgages. For purposes of calculation at the end of any accounting period as provided in the Short-Term HCP or Implementation Agreement, an Order of Immediate Possession authorizing the JPA to take immediate possession of occupied SKRHabitat pursuant to an action in eminent domain which action is being diligently pursued shall also be considered acquired. (2) Ownership of a perpetual wildlife conservation easement in a form approved by the Department over and upon occupied habitat. F. "Protected" shall mean for this Agreement the following: Fee title or a conservation interest approved by the Department in replacement habitat lands shall be vested in a public or private wildl~fe protection agency including the Service, the Department, the Nature Conservancy, or other entities approved by the Department and organized exclusively for management of biological resources. Such vesting shall be completed within two (2) years of the date of this Agreement. G. Any take of the SKRauthorized by the Department pursuant to this Agreement and permit shall commence on the date hereof and shall automatically terminate and cease concurrently with the revocation or termination of the federal Section 10(a) Permit by the Service unless terminated or revoked pursuant to the terms hereof. H. All proposed modifications of the study areas and HCP boundaries shall, concurrently with submittal to the Service, be forwarded to the Department's Endangered Species Coordinator for review and approval. The Department shall complete its review concurrently with all lead agency environmental review activities. I. This Agreement is intended to implement the provisions of the CESA (Fish and Game Code 2050 et seq.). All violations of the California Fish and Game Code or its regulations are criminal misdemeanors unless otherwise provided. (Fish and Game Code 12000). The parties intend to conform to the objectives of the Short-Term HCP and the Implementation Agreement insofar as those provisions are consistent with state law. The permittees, under this Agreement, will be authorized to take habitat occupied by SKR on the following basis for projects and activities as follows: (1) Projects subject to CEQA (Pub. Resources Code 21000 et seq.) and sponsored by the permittees acting in their proprietary capacity. (2) Projects where the permittee is a lead agency under CEQA and the environmental documents have been made available to the Department. (3) Ministerial projects located outside of the SKR study areas. (4) Projects categorically or statutorily exempt from the CEQA (Pub. Resources Code 21000 et seq.) if those projects are located outside of study area. All individuals, corporations, public agencies and other entities "taking" occupied habitat under authority of the signatory agencies permit shall be responsible for compliance with CESA as provided for in this Agreement, which incorporates the Short-Term HCP and Implementation Agreement. The unauthorized taking of occupied habitat shall be deemed for the state law purposes to be take of individual animals consistent with federal case law authority (see Palilia v. Hawaii, (9th Cir. 1988) 852 F.2d 1106). In the event any permittee or other individual has taken occupied habitat in contravention of this Agreement, the signatories to this Agreement will promptly take appropriate action to terminate the unlawful act and shall immediately notify the Department's Wildlife Protection Division and the District Attorney of Riverside County. J. In addition to any other requirements or obligations of the County or any City under the Short-Term HCP or the Implementation Agreement in the event the County or any City has knowledge that any person, firm or entity has disturbed or is disturbing any occupied habitat within the HCP fee area without payment of the appropriate mitigation fee or otherwise in contravention of the terms of the CESA, the Short-Term HCP, the Implementation Agreement or this Agency Agreement and Permit, it will promptly take appropriate action to terminate the disturbance, or in the case where the disturbance has been completed, it will refuse, to the extent permitted by law, to issue any permits for the use or occupancy of the disturbed parcel until a mitigation fee has been paid or other appropriate action or mitigation has been taken. K. In addition to any other remedies set forth in the Short- Term HCP or the Implementation Agreement, the Department shall be empowered to exercise all legal and equitable remedies available to it to assure compliance with the terms of this Agency Agreement and Permit and shall have the right, upon reasonable notice, to audit the records of the JPA, the County or any City, and to revoke, terminate or suspend the right of any land owner or other person to enjoy or have the benefit of, or the rights and privileges under this Agency Agreement and Permit by terminating or suspending the right to take SKR and it's habitat pursuant hereto in the event of a taking of SKR habitat by any such land owner or other person in violation of the CESA and terms of the Agency Agreement and Permit. 7 L. The DeFartment shall be guided by the following terms in the suspension or revocation of any permit issued under this Agreement. 1. The permit to take occupied habitat may be revoked or suspended as to all permittees or as to any one signator to this Agreement. 2. The permit to take endangered species is a privilege and as such may not be vested as a property interest nor an entitlement subject to due process protections beyond those provided herein. 3. Within 15 days of suspension on revocation the Department shall provide notice to the affected permittee and request the permittee/signator and those taking under authority of the permittee to compensate the state for damage to all trust resources including the loss of occupied habitat. In the event cure in the form of compensation has not been provided within 30 days of notice, the Department may suspend or revoke the privileges granted under this permit. This Agreement may be executed in any number of duplicate originals. N. Any amendment or modification of this Agreement shall be in writing shall be executed by all of the parties hereto. 8 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date or dates set forth below and this Agreement shall -become effective as of the date it is fully executed by all of the parties hereto. DATED CALIFORNIA DEPARTMENT OF FISH AND GAME / / COUNTY OF RIVERSIDE DATED By DATED CITY OF LAKE ELSINORE By DATED CITY OF HEMET By DATED CITY OF PEERIS By CITY OF MORENO VALLEY DATED By DATED CITY OF RIVERSIDE By DATED RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY By 9 SC~m~LM A .Map of San Jacinto Study Area 10 ITEM NO. 12 CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: City Manager DATE: September 25, 1990 SUBJECT: Riverside City/County Understanding APPROVAL CITY ATTORNEY Waste Generation Study - Memorandum of RECOMMENDATION: Authorize the Mayor to execute the Memorandum of Understanding with the County of Riverside for Waste Management Generation Study. BACKGROUND: The California State Legislature passed AB 939 which mandates each city and County within the State to complete waste characterization studies. The County and cities within the County have decided to cooperate in a joint study to meet the requirements for each separate entity. FISCAL IMPACT: The County will pay for the entire initial waste generation study and will also pay for the cost of the four annual updates out of the recycling fund portion of the landfill tipping fee. SUBMI'FTAL'I'O, ThE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA Waste Management FROM: SUBMITTAL DATE: June 26, 1990 SUBJECT: Memorandum of incorporated Riverside County for completion of Understanding between and the Cities of the County a waste generation study mandated by state law, and reduction of tipping fees for selected loads to be diverted for investigation. RECOMMENDED MOTION: 1. Approve the attached Cities in the County. Memorandum of Understanding with all Authorize the the Director copies of execution. Chairman to execute the agreement and direct of the Waste Management Department to forward the agreement to the individual Cities for Authorize the Director of Waste Management to: direct commercial haulers whose loads have been selected by the Department's consultant (for waste stream sampling) to deliver these loads to centralized landfill sorting facilities. C.A.O. RECOMMENDAI ION: Approve reduce by 50% the tipping fees for loads diverted from their normal landfill delivery point to regional waste stream sampling points providing, however, if any loads are diverted from Blythe to the regional sampling point in the Coachella Valley these loads shall have the entire tipping fee waived and a comparable amount be reimbursed by the Department to the affected hauler for his diverted loads· (CONT'D) , L ~[~ ' ~ rector o % NANe,A "'Lost Revenue" is offset b] the reduced cost of the C0nsu]tant's study. Administrative O~cerSignature~,~,~--~-~-~--~/~~x--'~- MINUTES OF THE BOARD OF SUPERVISORS FORM ,l(Rev 12~821 On motion of Supervisor Dunlap, seconded by Supervisor Abraham and duly carried by unanimous vote, IT WAS ORDERED that the above matter is approved as recommended, Ayes: Get ]d A. Ma hey Absent: Ceniceros and Larson Date: June 26, 1990 xc: Waste Hgmt., Personnel, Auditor Younglove, Dunlap and Abraham None Prev. Agn. ref. Depts. Comments Dist. AGENDANO. 8 .81 Fll - MOU Between Riverside County and the Incorporated Cities June 26, 1990 Page 2 JUSTIFICATION: Assembly Bill 939 mandates that each City and Cour~ty complete a waste generation study to be included in the required Source Reduction and Recycling Element. Individual jurisdictions can complete the'study as a group as long as data gathered is specific to each jurisdiction. The cooperative group effort was proposed as a strategy to achieve economies of scale and consistency in sampling reports. The consultant chosen, was selected jointly by representatives of the Cities and the County following receip~ of competitive proposals from five firms. In order to keep the costs of the study down, the consultant proposed diverting some refuse haulers' trucks from their usual landfill destination to one central landfill for the eastern County and one central landfill for the western County. The effectiveness of this strategy relies upon the cooperation of the individual haulers. This method creates an inconvenience for some haulers who would be traveling a longer distance to the centralized landfill. The installation of a reduced tipping fee for impacted loads w~uld provide a form of compensation for this inconvenience and incentive for cooperative participation in the study. FINANCIAL: The reduced tipping fee is estimated to cost the County $15,000 to $20,000 for the lost revenue being waived by the recommended authorization. Sufficient funds are available in the various impacted accounts to absorb this loss of revenues. RAN:mfa Attachment co: CAO .J CL 'RK'S COpy dUN 2 6 MEMORANDUM OF UNDERSTANDING BETWE.~ TfiE COUNTY OF RIVERSIDE TBE CITIES OF RIVERSIDE 'COUNTY TEIS MEMORANDUM OF UNDERSTANDING ("M~) is entered into this day of dUN ~ 6 , 1990, by and between the COUNTY OF RIVERSIDE (the "County") and the Cities (the "Cities") whose signatures are affixed hereto with reference to the following: RECITALS WTIEREAS, The California State Legislature has passed Assembly Bill ( "AB" ) 939 into law; and WHEREAS, said bill, AB 939, mandates each City and County within the State of California to complete waste characterization studies for inclusion in the source reduction and recycling elements; and W'EEREAS, a single waste characterization study ("the study") can be completed by more than one public entity and still contain the necessary information for each separate entity as mandated by AB 939; WHEREAS, the County and the Cities desire to cooperate together in a joint study in order to meet the study requirements for each separate entity; NOW, TEEREFORE, the parties do hereby mutually express, the other, to agree to the following: each to 1. AGREEMENTS. A. COOPERATION The County and the Cities agree to cooperate in good faith with each other throughout the duration of the study. The County and Cities also agree to cooperate in good faith with the waste generation consultant and to supply all available information requested by consultant. B. PAYMENT (1) The County will pay for the entire initial waste generation study and will also pay for the cost of the four annual updates out of the recycling fund portion of the landfill tipping fee. JUN 2 6 1990 (2) If additional work is contracted for by the County to cover extra work not heretofore contemplated which is agreed to be .done as .part of thi~ contract .-by all ..cities,__e.ach .Ci.ty shall pay a share of the unfunded portion ..in~.an .amount_directly proportionate to-the population of the indiwi,dual .jurisdiction.as shown in concept on Exhibit_,A" attached~hereto. _ C. TERM The initial waste generation study shall cover an estimated 8 month time period. Four annual updates shall thereafter also be completed under the .terms of this agreement. D. TERMINATION (1) This agreement shall not apply to any City which elects not to execute the MOU within thirty (30) days of the execution of the MOU by the County, and no separate study funded by the County shall be made for that City. (2) Termination of this Agreement by any of the Cities shall be preceded by forwarding written notice of intent to terminate to the County thirty (30) days prior to the anticipated termination date. (3) The terminating party will be required to meet all financial and nonfinancial responsibilities accrued up to and including the effective termination date. (4) The County reserves the right to terminate this agreement at any time prior to completion of the services to be furnished by its consultant, if for any reason consultant is unable to perform the work herein contemplated. Prior to termination, the County shall notify all Cities in writing and immediately sponsor a coordination meeting with all affected agencies in which the parties shall formulate a plan of action to complete the study. 2. DEFINITIONS. The following as follows: terms when used in this MOU shall be defined 1.1 "County" means the County of Riverside, subdivision of the State of California. a political 1.2 "Cities" means those incorporated areas that are within the political subdivision that is the County of Riverside and are parties to this Agreement. These cities include Banning, Beaumont, Blythe, Cathedral City, Coachella, Corona, Desert Hot Springs, Hemet, Indian Wells, Indio, Lake Elsinore, La Quinta, Moreno Valley, Norco, Palm Desert, Palm Springs, Perris, Rancho Mirage, Riverside, San Jacinto, and Temecula; and the presently unincorporated areas of Calimesa, Canyon Lake and Jurupa which are also pursuing Cityhood status. 1.3 "AB 939" means Assembly Bill 939 -- The California Integrated Solid Waste Management Act of 1989, chapter 1095 of the Government Code. · 1.4 "Waste Characterization-Study" shall'mean that study required by Assembly Bill 939 and described in 'detail-by the Integrated Waste Management .Board .Emergency Regulations dated June', 1990 sections 18722, 18724, 18726 and appendix 1. 1.5 "Total Population" means the total amount of persons residing within the political boundaries of said entity. IN WITNESS WHEREOF, the Memorandum of Understanding on written. parties have executed this the day and year first above ATTEST: JUN 2 6 1990 By: CHAIRMAteD OF CITIES By: (Continue with all participating Cities signing) EXHIBIT A Example of Additional Work (Assuming $75,000) Cost Jurisdiction Unicorporated County Banning Beaumont Blythe Calimesa (*) Canyon Lake (*) Cathedral City Coachella Corona Desert Hot Springs Hemet Indian Wells Indio Jurupa (*) Lake Elsinore La Quinta Moreno Valley Norco Palm Desert Palm Springs Perris Rancho Mirage Riverside San Jacinto Temecula(* *) Total Approximate Population 277,550 20,950 9,750 8 400 8 000 9 600 31 750 14 950 70 000 11 200 35 650 2 700 36 000 70 000 15 950 11 850 114 900 25 350 20 650 32 100 18 900 9 250 218,500 15,300 20,450 1,109,700 Jurisdictions' % of Total Proportionate Pop. Share 25.01% 18,758.45 1.89% 1,415.92 0.88% 658.96 0.76% 567.72 0.72% 540.69 0.87% 648.82 2.86% 2,145.85 1.35% 1,010.41 6.31% 4,731.01 1.01 % 756.96 3.21% 2,409.43 0.24% 182.48 3.24% 2,433.09 6.31% 4,731.01 1.44% 1,077.99 1.07% 800.89 10.35% 7,765.61 2.28% 1,713.30 1.86% 1,395.65 2.89% 2,169.51 1.70% 1,277.37 0.83% 625.17 19.69% 14,767.50 1.38% 1,034.06 1.84% 1,382.13 100% $75,000.00 * Assuming Incorporation measure passes in November 1990. Source for population figures: LAFCO * *Source: Riverside County Planning Department, Building Permit Activity Report, Jan. 1990 Population Source: D.O.F., Jan. 1990, the three LAFCO figures have already been subtracted from the Unincorporated figure. THE COL;N'I"Y OF RI\'ERSII)E R~BI-RT A. NEI.S()N g.~ g _- ...... June 22, 1990 Frank Aleshire, City Manager City of Temecula P.O. Box 3000 Temecula, CA 92390 Riverside City/County Waste Generation Study/ Memorandum of Understanding Dear Mr. Aleshire: The Riverside County Waste Management Department has been negotiating with the consultant, (CH2M Hill, California, Inc.), that was chosen by a City/County selection panel to perform a Waste Generation Study for all local jurisdictions in Riverside County. The Agreement also includes provisions for the consultant to perform the four annual updates for each jurisdiction that are required by State law. The total cost for the Waste Generation Study and the four annual updates is $667,000. Funds are available to meet the cost of the Waste Generation Study out of the accumulated tipping fee contributions. This same funding source will be used to cover the proposed cost of the four annual updates. The Agreement will be considered by the Riverside County Board of Supervisors on Tuesday, June 26, 1990. The contract is enclosed for your information. It is anticipated that the Board will take an action on the Memorandum of Understanding (MOU) between the County and Cities concerning the Waste Generation Study and four annual updates on the same day, June 26, 1990. A copy of the MOU is attached for your consideration and action. Please note two things about the MOU: Section B (2) states that the cost of any extra work that is required to be contracted by the County, but is not contemplated at this time, and is agreed to be done as part of this contract by all Cities shall be covered with each City paying a share of the unfunded portion in an amount directly proportionate to the population of the jurisdiction. Exhibit "A" provides an example of such a scenario. 11728 Magnolia, Suite A * Riverside, CA 92503 * (714) 785-6081 · FAX: (714) 785-9651 June 22, 1990 Page 2 Section D (1) states that a City must execute the MOU within thirty (30) days of the execution of the MOU by the County in order for the Agreement to apply to the jurisdiction. If a City fails to meet this deadline, no separate study for that City shall be funded by the County. The Department anticipates that the Board of Supervisors will execute the MOU on Tuesday, June 26, 1990, thus you need to immediately start scheduling this for your Council Agendas if you want the study to cover your City. The Waste Generation Study is the foundational step in the Cities and County of Riverside meeting the State mandated recycling goal of 25% of all solid waste diverted from the landfill by January 1, 1995. The Department requests to hear from your City concerning the MOU within the allotted thirty (30) day time period. If you have any questions regarding the Agreement or the MOU, contact me or Michael Schier at (714) 785-6081. Since,rely, Robert A. Nelson Director GRA:mfa Enclosure cc: Members of the Board of Supervisors Gary Cottrell, CAO Bob Jacobs, CH2M Hill Les Cleveland, CVAG Mischelle Zimmerman, WRCOG George Larson, CIWMB SUBMll"FAL TO TIlE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA FROM: Waste Management SUBMITTAL SUBJECT: Agreement with CH2M HILL performance of a waste generation annual update' reports as mandated by RECOMMENDED MOTION: 1. Approve an Agreement between DATE: June 26, 1990 ~~ , California, Inc. for ~ ',,' study and four subsequent state law. the County, on behalf of itself and for each of the incorporated cities of Riverside County, and CH2M HILL, California, Inc., (using subconsultants Recovery Sciences Inc., and Resource Integration Systems, LTD.) that commits $294,000 of County funds for the performance of the initial waste generation study and $373,000 over a four year period for the four subsequent annual reports for each agency as mandated by state law. 2. Authorize the Chairman of the Board of Supervisors to execute the Agreement on behalf of the County. JUSTIFICATION: Assembly Bill 939 mandates that each City and County complete a waste generation study to be included in the required Source Reduction and Recycling Element. The waste generation study is comprised of three components: a waste characterization study, a waste diversion study and a waste generation forecast. The waste characterization study will detail information about the waste that is disposed in the landfills. The waste diversion study will compile information about the waste that is being diverted from the landfills. The waste generation forecast will extrapolate the disposal and diversion information over a fifteen year period for planning purposes .... - . / (CONT'D) R b A. Nels , Director o err RAN: mfa Attachment C.A.O. RECOMMENDATION FINANCIAL IMPACT: Administrative Officer Signature FORM IliRe'v 12/82) Prev. Agn. ref. Depls. Comments Dist. AGENDA NO. Fll - Agreemenu with CH2M HILL June 26, 1990 Page 2 Individual j~risdictions can complete the waste generation study as a group as long as data gathered is specific to each jurisdiction. The cooperative group effort was proposed as a strategy to achieve economies of scale and consistency in sampling efforts. The consultant chosen, was selected jointly by representatives of the Cities and the County following receipt of competitive proposals from five firms. The consultant will also perform the four subsequent annual update reports that are mandated by AB 939 for each jurisdiction. The reports will determine progress made by each jurisdiction in attaining the state mandated recycling goal of 25% of all solid waste diverted from the landfill by January 1, 1995. FINANCIAL: Funds are available to meet the cost of the waste generation study out of the $.50/ton recycling fees imposed starting in January 1990, and will also be available for the four annual updates out of the same Fund No. 140-41-931-2- 48613. A method for dividing the cost of any additional work should it be necessary among the County and the Cities is a part of the proposed Memorandum of Understanding between the jurisdictions; this MOU is on the Board's calendar for consideration this same date. 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 CONSULTANT SERVICE AGREEMENT communities of Calimesa, referred to as "COUNTY", subconsultants Recovery Systems, LTD), hereinafter agree as follows: 1. PROJECT THE COUNTY OF RIVERSIDE, on behalf of itself and for each of the incorporated cities of Riverside County and the unincorporated Canyon Lake and Jurupa, hereinafter and CH2M HILL CALIFORNIA, INC., (using Sciences Inc., and Resource Integration referred to as "CONSULTANT", hereby The CONSULTANT shall perform for COUNTY a waste characterization study, waste diversion study, waste generation forecast and four subsequent annual update reports pursuant to the final Division 7, Chapter 9, Planning Guidelines for Emergency Regulations California Code of Preparing, Revising, - Title 15, Regulations- and Amending as they are Countywide Integrated Waste Management Plans adopted by the California Integrated Waste Management Board. The waste characterization, generation and diversion study methodology shall be approved by the CIWMB. SCOPE OF SERVICES The CONSULTANT shall furnish tools, equipment, materials and labor necessary to perform in a complete, skillful and professional manner all those services specifically described in Exhibit A (Scope of Work section of proposal tasks 1 through 8). COUNTY shall provide a work area at each landfill targeted for sampling. 28 1 2 5 6 8 9 10 11 12 14 15 16 18 19 ~0 21 22 E4 E6 28 TIME OF PERFORMANCE The CONSULTANT shall commence forthwith upon the execution of performance of service this Agreement and shall diligently perform the services to full completion and submit to COUNTY the final report by February 1, 1991. COMPENSATION The total amount of compensation paid to the CONSULTANT under this Agreement shall be a sum not to exceed $667,000 unless a written amendment to this Agreement is executed by both parties prior to performance of additional services. A breakdown of these fees is presented in Exhibit B. The compensation shall be payable in accordance with actual quantities of work performed with respect to specific scope of work not be regulatory agencies CONSULTANT services. PAYMENT Compensation hereunder shall be task in said Exhibit A. due for CONSULTANT'S which Separate compensation will meetings with COUNTY and/or are necessary to complete paid monthly in response to invoices submitted by CONSULTANT detailing the work actually performed against specific scope of work tasks set forth as a portion of said Exhibit A. Payment shall be made within 30 days of receipt and approval by COUNTY of such invoices. LICENSES The CONSULTANT, its employees, agents, contractors and subcontractors shall maintain professional licenses required by the laws of the State of California at all times while performing services under the Agreement. -2- 1 4 5 6 8 9 10 11 12 14 15 16 17 18 19 PERMITS AND RIGHTS OF ENTRY The COUNTY will provide any and all necessary permits and rights of entry as required to perform the proposed services. The CONSULTANT will prosecute the work in a manner to minimize inconvenience and any possible hazard to any COUNTY operation, and restore any work areas to their original condition and former usefulness as soon as practicable. The CONSULTANT shall be responsible for the protection of public and private property adjacent to or under the work area and shall exercise due caution to avoid damage to such property. WORKER'S COMPENSATION INSURANCE The CONSULTANT certifies that he is aware of the laws of the State of California requiring employers to be insured against liability for Worker's Compensation and shall comply with such laws during the term of this Agreement. CONSULTANT'S LIABILITY CONSULTANT shall defend, save, indemnify and hold COUNTY, its officers, employees, and agents free and harmless from any liability whatsoever, including wrongful death, based upon any negligent act or omission of CONSULTANT, its employees, contractors and agents to the proportionate extent, thereof, arising out of, relating to or in any way connected with the accomplishment of the work this Agreement except for the COUNTY, its officers, the foregoing indemnity, or performance of services under such negligent act or omission of employees or agents. As part of CONSULTANT agrees to protect and defend at his own expense, including attorney fees, COUNTY, its officers, agents, and employees in any legal action based upon any such acts or omissions, as stated hereinabove, by CONSULTANT, its employees, contractors, or agents. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. 11. 12. outlined in failure of compensated. WORK PRODUCT All reports and supplemental materials shall be and remain the sole property of COUNTY. TERMINATION This Agreement may be terminated by either the CONSULTANT or the COUNTY upon written notice to the other party in the event of substantial failure of performance by the other party. In the event the COUNTY is the party to terminate the agreement and gives Notice of Termination, the COUNTY shall make payment for all services performed to the date of written notice that are in accordance with the Scope of Services outlined in this Agreement. The payment shall be in a total amount which bears the same ratio to the total maximum fee otherwise payable under this Agreement as the services actually performed bear to the total services necessary for performance of this Agreement. All services that are not in accordance with the scope of services this Agreement and constitute a substantial performance of those services will not be INDEPENDENT CONTRACTOR CONSULTANT and its agents, servants and employees shall act at all times in an independent capacity during the term of this Agreement and in the performance of the services to be rendered hereunder, and shall not act as, and shall not be, and shall not in any manner be considered to be, agents, officers or employees of COUNTY. -4- 1 2 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 25 24 25 26 27 28 13. 14. ASSIGNMENT Neither this Agreement nor any part thereof shall be assigned by CONSULTANT without the prior written consent of COUNTY. NON-DISCRIMINATION CONSULTANT shall not discriminate in its recruiting, hiring, promotion, demotion or termination practices on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex in the performance of this contract, and to the extent they shall be found to be applicable hereto, shall comply with the provisions of the California Fair Employment Practices Act (commencing with Section 1410 of the Labor Code), and the Federal Civil Rights Act of 1964 (P.L. 88-352). RIVERSIDE COUNTY WASTE MANAGEMENT DEPARTMENT 11728 Magnolia Avenue, Suite A Riverside, CA 92503 Dated: CH2M HILL CALIFORNIA, INC. Dated: R~ert A. N~~n, irect L COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors Attest: GERALD A. MALONEY, Clerk of Board By Deputy FORM APPROVED Gerald J. Geerlin8 County Counsel / Deputy -5- By: Res~,~ e~i~'O~ficer SCOPE OF WORK INTRODUCTION On September 29, 1989, the Governor of California signed into law Assembly Bill 939 (AB 939). This law established the California Integrated Waste Management Board and made substantial changes in how cities will manage solid waste in the State of California. Of major importance is the establishment of ggressive solid waste diversion goals. By 1995, each city must divert 25 percent of its waste stream from landfills. By the year 2000, 50 percent of the waste stream must be diverted. To ensure compliance with these diversion re.quirements, the law mandates that each city prepare, adopt, and submit to the County and the state by July 1, 1991, a source reduction and recycling plan. One element of this plan is a Waste Generation Study. The study must quantify and characterize the waste that is being generated, diverted, and disposed from these four separate types of generators: residential, commercial, industrial, and others. The initial study must collect data over a 6-month period, which will be eventually expanded to obtain data for a 12-month period to identify seasonal variations. A consistent methodology for sampling, sorting, and classifylag waste must be used for all cities and unin- corporated areas within the County. It is important that this study be of sufficient accuracy to systematically characterize the waste being generated, diverted, and disposed within each of the cities and in the unincorporated areas of the County of Riverside. The data will be used to develop a number of source reduction, recycling, and cornposting programs. If the results of the generation study are not of sufficient accuracy to develop reasonable programs that can be cost-effectively implemented, the cities and the County of Riverside may not be able to comply with the requirements of AB 939 and may be subject to daily fines from the California Integrated Waste Management Board until compliance is achieved. PROJECT TASKS The major tasks that will be undertaken for this study will include the following.'. 2. 3. 4. Introductory meeting Review of previous studies A waste composition study A waste diversion study 1-1 LAO345.37~175_002.51 EXHIBIT "A" A waste generation forecast Draft and final report Project coordination Subsequent tasks that may be undertaken at tile discretion of the cities and county include: 8. An annual update report Preparation of a Source Reduction and Recycling Plan in accordance with AB 939 10. Continuing assistance in plan implementation A description of tile methodology that will be used to complete these tasks is presented below. The methodology that will be used will be the same regardless if the consultant is selected to perform the eastern, western, or both portions of Riverside County. TASK l--INTRODUCTORY MEETING This task will be carried out immediately after the County issues a Notice to Proceed. The objectives are to meet with City and County staff and other interested parties to review the overall intent of the study; to verify the needs and expectations of the cities and. County; and to review the methodology, approach, and Iogistics to be used. Modifications to the Scope of Work will be made as needed. TASK 2--REVIEW OF PREVIOUS STUDIES A thorough characterization of solid waste entails tile investigation of changes in waste stream quantities and composition over time. The team will review all relevant waste characterization studies performed in the region. The results of the previous studies will be tabulated, presented, and compared with the most recently acquired data. Comparative analyses will be made and the possibility of combining data in a statistical model will be explored. TASK 3--SOLID WASTE COMPOSITION STUDY AB 939 requires that each city and all unincorporated areas conduct an analysis of the composition of the solid waste currently being disposed. It is essential that this analysis be carefully conducted to obtain statistically reliable results. The results of this analysis will be the basis for selecting and designin. g specific source reduction and recycling programs. An inaccurate waste generation analysis could result in the 1-2 LAO345.37M 75_002.5 ! selection of programs that would not optimize waste diversion rates. resulting in potentially significantly higher costs to tile city and the possibility of not meeting the waste diversion goals mandated by AB 939. The methodology proposed for the County of Riverside project is based on exten- sive research and application by the project team over the past 3 years, on state-of- the-art statistical analysis, and our extensive knowledge of local waste generation patterns. Studies were recently conducted in Long Beach, San Diego, and Berkeley using the methodology that has been developed by the project team resulting in a high level of accuracy with a minimum of sampling. The methodology that will be used for this task is described below. 3.1 Initial Sampling Design The initial sampling design will involve tile following steps: Research waste distribution patterns, land use patterns, and local demographics Review collection routes and methods for collecting waste from residential, commercial, industrial, and other uses Determine tile amount of waste disposed for each city and unincorporated area through interviews with private and public haulers. Veril~ data through a review of waste disposal data at land fills Visit potential sites for conducting sampling study and select the most appropriate site(s) Select sampling strata (residential, commercial, industrial, and other) Determine categories of waste to be characterized based on types of wastes to be targeted for diversion Determine seasons for east and west portions of the county for which the characterization study will be conducted Determine initial sampling allocation and select the number of trucks to be sampled for each City and unincorporated areas by strata based on estimated variability within each stratum Estimate the number of samples per truck based on the estimated variability within each stratum 1-3 LAO345.37x. 175_OO2.51 3.2 Initial Sampling Field Work The initial Sampling field work will involve the following steps: · Select sampling components · Select sampling dates · Train sampling crew · Deliver sampling equipment to site and set up site · Contact City/County staff for diversion sampling site · Collect initial samples 3.3 Main Sampling Design The main sampling design will involve the following steps: of specific loads to the Analyze the results of the initial samples to determine the variability of the samples for each strata Determine the final number of samples required to obtain statistically valid results Select sample components for main sampling field work 3.4 Main Sampling Field Work TIle main sampling design will involve tile lollowing steps: · Select sampling dates · Contact City/County staff for diversion of specific loads to the sampling site Conduct waste sampling Compile and analyze data To minimize cost and expedite the study, it is assumed that the sampling will be done at one location in the western portion of Riverside County and at another LAO345.37Ni 75_002.5 1 1-4 location in the eastern portion of the County (if selected to do both studies). Each City and unincorporated -~rea will be contacted and requested to deliver certain types of loads (residential, commercial, industrial, other) to the sampling site. The Project Team will be responsible for determining the loads that will be delivered to ensure that the loads are representative of that sub-wasteshed. Loads will be selected in a random and unbiased manner. Two separate periods will be selected for conducting the main sampling field work in order to obtain seasonality information of the waste stream. Based on our previous experience and estimated daily tonnages (1,600 tpd and 3,800 tpd for the eastern and western portions of the county respectively), approximate 192 samples will be required for the eastern portion of the County and 354 samples for the Western portion of the county for each of the initial sampling and the main sampling field work. The actual number of samples that will be required to obtain statistically reliable results, however, cannot be determined until after the initial design stage when the variability of the loads are determined. (If loads are highly variable, a larger number of samples are required to obtain statistically reliable results than would be the case if loads did not vary significantly.) A more detailed description of the procedure that will be used to conduct this analysis is presented in Appendix B. FASK 4--WASTE DIVERSION STUDY It is important that tile existing diversion rate be identified to help tile cities and the County meet the requirements of AB 939. Existing diversion rates will be estimated through contacts with various agencies and businesses in the area including tile following: Local market outlets that deliver secondary materials recovered from the transfer stations and/or drop-off centers Local recycling firms and secondary materials handlers in or adjacent to the County to obtain estimates on the amount and type of recyclables they currently receive from residents and businesses in the County End users in the area to determine if they have any clients in the County from which they routinely accept recyclable materials The surveys will be conducted with the assistance of a Certified Public Accounting (CPA) firm. The accounting firm will assure confidential responses by compiling the data and providing aggregate totals. Information obtained from end users will be used to confirm the results of the survey and provide data that can be used to LAO345.37M 75_002.51 1-5 revise total tonnage figures for several commodities. The revised figures resulting from these market contacts will be used to determine the overall recovery rate for each City and unincorporated areas of the County. TASK 5--WASTE GENERATION FORECAST Total baseline waste generation will be determined by adding waste disposal quantities determined in Task 3 and waste diversion quantities determined in Task 4. A waste generation forecast will be made for the planning period based on population projections identified in the County of Riverside Solid Waste '~anagement Plan and other available planning information on projected number of ousinesses, industries and other types of developments. TASK 6--FINAL REPORT A final report will be prepared. The report will be divided into sections so .that each jurisdiction can include the results of the study directly into their Source Reduction and Recycling Plan. A description of the methodology that was used during the study will also be included. One hundred copies of the final report will be delivered to .the County for distribution. TASK 7--PROJECT COORDINATION It is important that the study be closely coordinated with the County and the cities to ensure that the project is completed on time and statistically valid results are obtained. During the initial meeting, the Consultant will explain in detail the methodology that will be used during this study. Cities will be contacted directly to ensure that the specified loads are delivered on schedule to the sampling locations. Representatives of the cities and County will be invited to inspect the sampling operations in order to educate them of the procedures used and to promote confi- dence in the results. In addition, monthly progress reports will be submitted to the individual jurisdictions indicating work completed to date and planned activities for the coming month. The status of the work in relationship to the project schedule will also be identified. 1-6 LAO345.37~175_002.51 POTENTIAL ADDITIONAL TASKS The following additional tasks can be performed by the consultant team at the request of tile County or any city: TASK 8--ANNUAL REPORT If requested by the County, an annual report will be prepared in accordance with Section 18771 of the Emergency Regulations. The annual report will describe changes in the types and quantities of waste generated in each jurisdiction. The information generated for this report will be obtained from waste quantity infor- mation recorded at the disposal sites, additional field sampling to determine waste composition, and a diversion study. Procedures similar to those described in Tasks 3 and 4 will be used. Any significant differences in waste quantities and composition from previous studies will be identified. EXHIBIT B Riverside County Cost Estimate Waste Generation Study Initial Sample Design Field Work Statistical Analysis $ 50,000 32,000 10,000 Main Sample (1st Season) Design Field Work Statistical Analysis 18,000 32,000 13,000 Main Sample (2nd Season) Design Field Work Statistical Analysis 7,000 32,000 13,000 Other Waste Diversion Study Report Expenses Coordination/ Administration/Review 24,000 15,000 10,000 38,000 Subtotal Annual Update Reports 1st Annual Update Report (1991) 2nd Annual Update Report (1992) 3rd Annual Update Report (1993) 4th Annual Update Report (1994) Subtotal 294,000 87,000 90,000 95,000 101,000 373,000 Total $667,000 5tlBMI I'I At. '1 (3 '[I IE BOAHD OF 5tJPkil{VI5Ol{5 Ct)UNr¥ OF RIVERSIDE, STATE OF CALIFORNIA Waste Management FROM: 5LJBMITfALDATE: June 26, 1990 SUBJECT: Memorandum of Understanding between Riverside County and the incorporated Cities of the County for completion of a waste generation study mandated by state law, and reduction of tipping fees for selected loads to be diverted for investigation. RECOMMENDED MOTION: 1. Approve the attached Memorandum of Understanding with all Cities in the County· Authorize the Chairman to execute the agreement and direct the Director of the Waste Management Department to forward copies of the agreement to the individual Cities for execution· Authorize the Director of Waste Management to: direct commercial haulers whose loads have been selected by the Department's consultant (for waste stream sampling) to deliver these loads to centralized landfill sorting facilities. reduce by 50% the tipping fees for loads diverted from their normal landfill delivery point to regional waste stream sampling points providing, however, if any loads are diverted from Blythe to the regional sampling point in the Coachella Valley these loads shall have the entire tipping fee waived and a comparable amount be reimbursed by the Department to the affected hauler for his diverted loads. (CONT'D) C.A.O. RECOMMENDATION: b r A ~ N~I rec~o~ o e ~ . eiso' Di FINANCIA MPA~: Admini,,lrallve Officer 51gnalure Prey. Ag,. ref. [)epli. Cumn~ent~ Dlbl. AGENDAf FORM I|,Hev IJ,Is~l Fll - MOU Between Riverside County and the Incorporated Cities June 26, 1990 Page 2 JUSTIFICATION:- Assembly Bill 939 mandates that each City and County complete a waste generation study to be included in the required Source Reduction and Recycling Element. Individual jurisdictions can complete the study as a group as long as data gathered is specific to each jurisdiction. The cooperative group effort was proposed as a strategy to achieve economies of scale and consistency in sampling reports. The consultant chosen, was selected jointly by representatives of the Cities and the County following receipt of competitive proposals from five firms. In order to keep the costs of the study down, the consultant proposed diverting some refuse haulers' trucks from their usual landfill destination to one central landfill for the eastern County and one central landfill for the western County. The effectiveness of this strategy relies upon the cooperation of the individual haulers. This method creates an inconvenience for some haulers who would be traveling a longer distance to the centralized landfill. The installation of a reduced tipping fee for impacted loads would provide a form of compensation for this inconvenience and incentive for cooperative participation in the study. FINANCIAL: The reduced tipping fee is estimated to cost the County $15,000 tO $20,000 for the lost revenue being waived by the recommended authorization. Sufficient funds are available in the various impacted accounts to absorb this loss of revenues. RAN:mfa Attachment cc: CAO MEMORANDUM OF UNDERSTANDING-BETWEEN THE COUNTY OF RIVERSIDE AND THE CITIES OF RIVERSIDE COUNTY TBIS MF/4ORANDUM OF UNDERSTANDING ("MOU") is entered into this day of , 1990, by and between the COUNTY OF RIVERSIDE (the "County") and the Cities (the "Cities") whose signatures are affixed hereto with reference to the following: RECITALS WHEREAS, The California State Bill ("AB") 939 into law; and Legislature has passed Assembly WHEREAS, said bill, AB 939, mandates each City and County within the State of California to complete waste characterization studies for inclusion in the source reduction and recycling elements; and WHEREAS, a single waste characterization study ("the study") can be completed by more than one public entity and still contain the necessary information for each separate entity as mandated by AB 939; WT]EREAS, the County and the Cities desire to cooperate together in a joint study in order to meet the study requirements for each separate entity; NOW, TBEREFORE, the parties do hereby mutually express, the other, to agree to the following: each to 1. AGREEMENTS. A. COOPERATION The County and the Cities agree to cooperate in good faith with each other throughout the duration of the study. The County and Cities also agree to cooperate in good faith with the waste generation consultant and to supply all available information requested by consultant. B. PAYMENT (1) The County will pay for the entire initial waste generation study and will also pay for the cost of the four annual updates out of the recycling fund portion of the landfill tipping fee. (2) If additional work is contracted for by the County to cover extra woTk not heretofore contemplated which is agreed to be done as part of this contract by all cities, each City shall pay a share of the unfunded portion in an amount directly proportionate to the population of the individual jurisdiction as shown in concept on Exhibit "A" attached hereto. C. TERM The initial waste generation study shull cover al~ estimated 8 month time period. Four annual updates shall thereafter also be completed under the terms of this agreement. D. TEI~MINATION (1) This agreement shall not apply to any City which elects not to execute the MOU within thirty (30) days of the execution of the MOU by the County, and no separate study funded by the County shall be made for that City. (2) Termination of this Agreement by any of the Cities shall be preceded by forwarding written notice of intent to terminate to the County thirty (30) days prior to the anticipated termination date. (3) The terminating party will be required to meet all financial and nonfinancial responsibilities accrued up to and including the effective termination date. (4) The County reserves the right to terminate this agreement at any time prior to completion of the services to be furnished by its consultant, if for any reason consultant is unable to perform the work herein contemplated. Prior to termination, the County shall notify all Cities in writing and immediately sponsor a coordination meeting with all affected agencies in which the parties shall formulate a plan of action to complete the study. 2. DEFINITIONS. The following as follows: terms when used in this MOU shall be defined 1.1 "County" means the County of subdivision of the State of California. Riverside, a political 1.2 "Cities" means those incorporated areas that are within the political subdivision that is the County of Riverside and are parties to this Agreement. These cities include Banning, Beaumont, Blythe, Cathedral City, Coachella, Corona, Desert Hot Springs, Hemet, Indian Wells, Indio, Lake Elsinore, La Quinta, Moreno Valley, Norco, Palm Desert, Palm Springs, Perris, Rancho Mirage, Riverside, San Jacinto, and Temecula; and the presently unincorporated areas of Calimesa, Canyon Lake and Jurupa which are also pursuing Cityhood status. 1.3 "AB 939" means Assembly Bill Integrated Solid Waste Management Act of the Government Code. 939 -- The California 1989, chapter 1095 of 1.4 "Waste Characterization Study" shall mean that study required by Assembly Bill 939 and described in detail by the Integrated Waste Management Board Emergency Regulations dated June, 1990 sections 18722, 18724, 18726 and appendix 1. 1.5 "Total Population" means the total amount of persons residing within the political boundaries of said entity. IN WITNESS Wt~EREOF, the Memorandum of Understanding on written. parties have the day and year executed this first above ATTEST: GEI~3~LD A. MALONEY, CLERK BY COUNTY OF RIVERSIDE By: By: CITIES By: (Continue with all participating Cities signing) EXHIBIT A Example of Additional Work (Assuming $75,000) Cost Jurisdiction Unicorporated County Banning Beaumont Blythe Calimesa (*) Canyon Lake (*) Cathedral City Coachella Corona Desert Hot Springs Hemet Indian Wells Indio Jurupa (*) Lake Elsinore La Quinta Moreno Valley Norco Palm Desert Palm Springs Perris Rancho Mirage Riverside San Jacinto Temecula(* *) Total Approximate Population 277,550 20,950 9,750 8,400 8,000 9,600 31,750 14,950 70 000 11 200 35.650 2 700 36 000 70 000 15 950 11 850 114 900 25 350 20 650 32 100 18 900 9 250 218.500 15 300 20,450 1,109,700 Jurisdictions' % of Total Proportionate Pop. Share 25.01% 18,758.45 1.89% 1,415.92 0.88% 658.96 0.76% 567.72 0.72% 540.69 0.87% 648.82 2.86% 2,145.85 1.35% 1,010.41 6.31% 4,731.01 1.01 % 756.96 3.21% 2,409.43 0.24% 182.48 3.24% 2,433.09 6.31% 4,731.01 1.44% 1,077.99 1.07% 800.89 10.35% 7,765.61 2.28% 1,713.30 1.86% 1,395.65 2.89% 2,169.51 1.70% 1,277.37 0.83% 625.17 19.69% 14,767.50 1.38% 1,034.06 1.84% 1,382.13 100% $75,000.00 * Assuming Incorporation measure passes in November 1990. Source for population figures: LAFCO * *Source: Riverside County Planning Department, Building Permit Activity Report, Jan. 1990 Population Source: D.O.F., Jan. 1990, the three LAFCO figures have already been subtracted from the Unincorporated figure. CALL TO ORDER: ROLL CALL: PRESENTATIONS/ PROCLAMATIONS PUBLIC COMMENTS A GENDA TEMECULA COMMUNITY SERVICES DISTRICT . A REGULAR MEETING SEPTEMBER 25, 1990 Lindemans, Moore, Mu~oz, Parks, Birdsall A total of 15 minutes is provided so members of the public can address the council on items that are not listed on the Agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item not listed on the Agenda, a pink "Request To Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request To Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. MANAGERS REPORT DIRECTORS REPORTS ADJOURNMENT Next meeting: October 9, 1990, 7:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California. 2\csdagende\09259,O - 1 - 09/20190